Immigration Law at Iceland

Iceland's immigration framework is primarily governed by the Foreign Nationals Act (No. 80/2016), the Icelandic Nationality Act (No. 100/1952), and associated regulations. The Directorate of Immigration (Útlendingastofnun) administers these laws, overseeing residence permits, visas, citizenship applications, and asylum procedures. (Laws and regulations | Directorate of Immigration, Residence permit)

🧾 Residence Permits

Residence permits are categorized based on the purpose of stay:

1. Work-Based Permits

For non-EEA/EFTA nationals, a residence permit is required before employment. The employer must demonstrate the necessity of hiring the foreign national. Categories include: (Residence permit)

Expert Knowledge: Permits are now granted for up to four years.

Athletes: Permits extended to two years.

Labor Shortage: Renewable for two years; holders can seek new employment if terminated.

Specialized Staff: For service contracts; permits extended to one year. (Foreign Nationals Act amended | Directorate of Immigration)

Basic requirements include a valid passport, health insurance, criminal background check, and proof of financial means. (Residence permit)

2. Study-Based Permits

Students can work up to 22.5 hours per week and have family reunification rights. Post-graduation, university graduates can extend their permit for up to three years to seek employment. (Foreign Nationals Act amended | Directorate of Immigration)

3. Family Reunification

Spouses, children under 18, and parents over 67 of foreign nationals holding residence permits may apply for family reunification. Recent amendments have introduced stricter timelines and conditions for reunification, especially concerning humanitarian and subsidiary protection statuses. (Foreign Nationals Act amended | Directorate of Immigration, Amendments to the Foreign Nationals Act | Directorate of Immigration)

🛂 International Protection (Asylum)

Individuals fearing persecution due to race, religion, nationality, political opinion, or membership in a particular social group may apply for international protection. Approved applicants receive a residence permit valid for three years, with rights to work, travel documents, and family reunification. After four years, they may apply for permanent residence, provided they meet language and residency requirements. (Residence permits on grounds of international protection | Ísland.is)

🇮🇸 Citizenship

Naturalization as an Icelandic citizen typically requires:

A minimum of seven years of legal residence.

Proficiency in the Icelandic language.

Proof of financial independence.

Clean criminal record.

Specific requirements may vary based on individual circumstances.

📌 Recent Legislative Changes

In July 2024, amendments to the Foreign Nationals Act introduced: (Amendments to the Foreign Nationals Act | Directorate of Immigration)

Shortened Permit Durations: Reduced validity for international protection-based permits.

Revised Family Reunification Rules: Stricter timelines and conditions for reunification.

Asylum Procedure Adjustments: Changes in processing criteria and timelines. (Amendments to the Foreign Nationals Act | Directorate of Immigration)

These changes aim to streamline immigration processes and address evolving demographic needs.

ℹ️ Additional Resources

Directorate of Immigration: https://island.is/en/o/directorate-of-immigration

Information Center for Immigrants: https://www.government.is/topics/foreign-nationals/information-center/

Residence Permits Based on Work: https://work.iceland.is/working/residence-permit/

 

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