Revocation of a residence permit
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In certain cases, a temporary residence permit and a permanent residence permit may be revoked.
Most commonly, a residence permit is revoked when a foreign national no longer meets the conditions for the permit, for example due to legal separation or divorce. The grounds on which the revocation is based are important for the individual's legal status following the decision to revoke.
Main reasons for revocation
The Directorate of Immigration is authorised to revoke a residence permit and a permanent residence permit in the following cases:
A foreign national knowingly provided incorrect information or failed to disclose something that could be of material significance for the granting of the permit.
A foreign national no longer meets the requirements for a residence permit or a permanent residence permit.
It is in direct accordance with administrative procedures
Revocation process
The Directorate of Immigration notifies a foreign national of the revocation of the residence permit. In cases where it is certain that the conditions for the residence permit are no longer met, for example in the event of a divorce, the person receives a notification that their permit has been revoked.
In other cases, it may be necessary for the foreign national to have the opportunity to comment on a possible revocation before a decision is made. The foreign national is then sent a notification of a possible revocation and given the opportunity to comment on the substance of the case or apply for a new residence permit within a specified deadline, which is usually 15 days.
Taking into account the foreign national's comments, should they decide to comment on the case, a decision is made.
Consequences of revocation
Revocation has the effect that a residence permit that has already been granted is withdrawn, and the foreign national no longer has permission to reside in Iceland.
In cases where the revocation is based on a change in the foreign national's circumstances, they are given a deadline, usually 15 days, to apply for a residence permit on new grounds. If the foreign national has neither applied for a residence permit after the deadline has passed nor appealed the decision, their stay in the country is considered illegal, unless the foreign national is permitted to stay in the country on the basis of visa-free travel. In such cases, the person concerned is permitted to stay for the period that the visa-free travel is valid.
Following the revocation of a permit on the grounds that false information was provided or circumstances were concealed that were of significant importance to the issuance of that permit, the status of the foreign national concerned shall be as if they had never been issued that permit or other permits based on the same premises. This means that if the person concerned applies for a residence permit again, their status is as if it were a first residence permit. The person concerned may therefore have to leave the country and submit all documents with the new application as required for a first application for a residence permit. If the foreign national does not appeal the decision, their stay in the country is considered illegal unless the foreigner is permitted to stay in the country on the basis of visa-free travel.
Appeal and suspension of legal effect
A decision to revoke a residence permit can be appealed to the Immigration and Asylum Appeals Board. The appeal deadline is 15 days, and an appeal suspends the legal effect of the decision. This means that if a permit holder appeals a decision to revoke a residence permit, the legal effect of the Directorate of Immigration's decision will not be enforced while their case is being processed by the Appeals Board. Their status will then be as if the decision to revoke had not yet been made, and the foreign national will maintain that status until a ruling has been made in the appeal case.
Service provider
Directorate of Immigration