A residence permit on grounds of legitimate and special purpose is intended for an individual, 18 years of age or older, who does not meet the requirements for other residence permits. The permit is granted in exceptional instances and only when special circumstances exist.
Residence permits on grounds of legitimate and special purpose are granted based on Art. 79 of the Foreign Nationals Act No. 80/2016.
You might have the right to a residence permit on grounds of legitimate and special purpose if all of the following requirements are met, as well as others
- The purpose of stay is legitimate and special,
- you are older than 18 years,
- can prove that you are able to provide for yourself during your stay,
- you have a valid insurance with an Icelandic insurance company (in the field Insurance Companies) or a foreign insurance company authorized to operate in Iceland (in the field Foreign Insurance Companies),
- have not served a criminal sentence abroad during the last five (5) years or been sentenced by a court of law for an offence which would be punishable by more than three (3) months imprisonment, according to Icelandic law, and
- have a passport valid at least 90 days beyond the estimated period of residence permit.
You may not
- be in Iceland if you need a visa to Iceland when the residence permit is applied for and while it is being processed. Such an application will be refused. (An applicant who does not need a visa may be in Iceland when the application is submitted and while it is being processed provided the stay in the Schengen Area does not exceed 90 days in the current 180 day period),
- work without a work permit,
- work for an employer other than the one on which the work permit is based,
- stay in another country longer than three (3) months in every 12-month period of the residence permit period; otherwise, the residence permit may be cancelled or revoked.
An application for a residence and work permit and supporting documents shall be submitted to the Directorate of Immigration or at the offices of the district commissioners outside of the Reykjavík Metropolitan Area.
An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the 180 day period. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. Such an application will be refused.
If an applicant does not fulfil these requirements and the requirements discussed below, the application for a residence permit will be refused and the applicant must leave Iceland. An applicant who does not leave the country may be subject to expulsion or a re-entry ban. A re-entry ban for Iceland is also a re-entry ban into the Schengen Area for a specific period of time or for a minimum of two (2) years.
A residence permit on grounds of legitimate and special purpose is granted for one (1) year at a time as a maximum and the permit cannot be the grounds of a permanent residence permit. The focus is on temporary circumstances existing; hence it is not assumed that a residence permit on these grounds will be renewed except in exceptional instances.
The applicant is responsible for applying for renewal of his/her residence permit at least four (4) weeks before the validity of the permit expires. If this is done, the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of a residence permit is not applied for before the period of validity expires the application will be handled as if this were a first permit, not renewal. An application received after the period of validity of the previous permit has expired will be refused if the applicant does not have a permission to stay in Iceland while the application is being processed.
Further information on residence permit based on grounds of legitimate and special purpose
Requirement for granting a permit
Rights attached to the permit
Application for first permit
Renewal
Requirement for granting a permit
Regulation no. 540/2017 on Foreigners contains further information about in which instances a residence permit on grounds of legitimate and special purpose is granted. The provision entails an authorization for granting a residence permit, however, not a duty to grant such a permit under any circumstances. A residence permit is either granted or denied on grounds of an overall assessment of the circumstances of the relevant person, as well as on the data of his/her case.
The applicant must meet the basic requirements for a residence permit being granted and the requirement that the purpose of the applicant’s stay is both legitimate and special.
The following instances are considered as grounds for a residence permit:
- A foreigner who is injured or becomes ill while in Iceland and needs to extend the stay, for this reason, i.e. if a long-term visa, cf. Art. 21 of the Act on Foreigners, does not apply to his/her circumstances.
- A foreigner who is a relative of a person who is injured or becomes ill while in Iceland. Relatives in this instance refer to a spouse, cohabiting partner and parents.
- A foreigner expecting a child who will become an Icelandic citizen. A confirmation must be submitted on the pregnancy and also a statement by the father if the mother is a foreign person.
- A foreigner who is a party to a lawsuit before an Icelandic court of law provided his/her stay in Iceland is necessary because of the case.
This is not a complete list of instances. The Directorate of Immigration assesses whether other instances are considered as legitimate and special.
In order for the Directorate of Immigration being able to determine whether a residence permit should be granted on these grounds, a statement must be received from the applicant describing the purpose of stay in Iceland and other documentation in support of the statement (for example, confirmation by a healthcare institution or other parties in Iceland confirming the purpose of stay).
THE RIGHTS ATTACHED TO THE RESIDENCE PERMIT
Rights attached to the permit are as follows
- An applicant who does not need a visa may stay in Iceland when his/her application is submitted and while the application is being processed provided his/her stay in the Schengen Area does not exceed 90 days in the past 180 day period. An applicant who must have a visa may also be in Iceland when applying for the permit and while it is being processed, provided his/her visa is valid. If the stay exceeds this period, processing the application will be stopped until the applicant has left the country and has presented a departure boarding card to prove it. An application by an applicant who does not have the aforementioned permit to stay will be refused.
- An applicant must especially apply for a work permit if he/she intends to work in Iceland. The applicant is not permitted to start working until a residence and work permit has been granted.
- A residence permit may be renewed in exceptional instances if the applicant’s circumstances remain unchanged.
- The applicant may apply for a work permit.
- The residence permit does not contain a right to family reunification.
- The residence permit cannot be the basis of a permanent residence permit.
application for the first permit
An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the 180 day period. If the stay exceeds this period processing the application will be stopped until the applicant has left Iceland and has presented a departure boarding card to prove it. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. An application by an applicant who does not have the aforementioned permit to stay will be refused.The application shall be accompanied by all the same documents as required by the Directorate of Immigration to confirm that the requirements for a residence permit are met.
Documents to be submitted
- Payment receipt (if the application has been paid for at a bank). The name of the person for whom payment is being made must be clearly stated. List the name of the applicant, his/her date of birth as a reference.
- Application for a residence permit. (Please download and save to computer before filling out). In original format, carefully filled out and signed by the applicant. (It is important that the applicant states his/her place of stay in Iceland. If the address is not stated when the application is made the applicant must notify his/her place of stay within two (2) weeks from the applicant’s date of arrival in Iceland (for example when being photographed).
- Passport photo (35 mm x 45 mm).
- Photocopy of passport. The period of validity must be at least 90 days beyond the period of validity of the residence permit. This must include photocopies of the passport’s personal information page and the page containing the applicant’s signature.
- Statement and documents confirming that the applicant needs a residence permit on grounds of legitimate and special purpose.
- A copy of criminal record certificate issued by country of residence. A criminal record must not be older than 12 months when submitted and must be issued by the highest authority competent to issue such certificates in the respective country.
- Translation by an authorized translator of the criminal record certificate. Applies only if the foreign certificate is in another language than English or a Nordic languages. Note that the translation must be authenticated if the translator is not an authorized translator in Iceland.
- Health Insurance. The applicant shall submit a certificate of insurance from an Icelandic insurance company (see insurance companies) or a foreign insurance company authorized to operate in Iceland (see foreign insurance companies) The insurance shall be valid for six (6) months from the date of the applicant being registered in Registers Iceland and the coverage shall be at least IKR 2000,000. Registration in Registers Iceland is usuallly valid from the day the applicant‘s photo is taken at either the Directorate of Immigration or at a District Commissioner‘s office for a residence permit card, given that the applicant has stayed in Iceland from that date.
- Documents on support, confirming secure means of sufficient financial support during the period of stay.
Documents that may be submitted
- Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.
- Application for work permit on grounds of special circumstances in original format, signed both by the applicant and the employer and confirmed by the relevant trade union.
- Employment contract, in original format, signed by both the applicant and the employer. The contract must state the applicant’s wages and terms of employment, and must fulfil the statutory minimum wage terms.
The applicant is responsible for submitting the necessary supporting documents with his/her application. If satisfactory documents are not received by the Directorate of Immigration, this may result in delays in processing the application or in the application being refused. The Directorate of Immigration may request additional information when special circumstances warrant it.
If the applicant meets all requirements of a residence permit, the residence permit will be granted and the applicant will be sent a notification of the granting of the permit. The residence permit will not be issued, however, until the applicant has come to be photographed at the offices of the Directorate of Immigration or at offices of district commissioners outside of the Reykjavík Metropolitan Area, reported his place of residence to the Directorate and undergone medical examination. The applicant should come to be photographed within one (1) week from his/her arrival in Iceland and must report his/her place of residence (for example, when photographed). Please note that the applicant must present a valid passport when photographed for identification. Furthermore, the applicant must undergo medical examination within two (2) weeks from arrival in Iceland. The Directorate of Immigration will not issue a residence permit if the applicant does not meet the requirements stated above. This could lead to illegal stay and expulsion.
Renewal
Renewing a residence permit on grounds of legitimate and special purpose is permissible in exceptional instances if the permit’s requirements are still met.
A residence permit may be renewed if the requirements of the permit are met. A renewal of a residence permit must be applied for at least four (4) weeks before the permit’s period of validity expires. If this is done the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of the residence permit is not applied for before the period of validity expires, the application will be processed as if this were an application for a first permit, not a renewal. An application that is received after the period of validity of the older permit has expired will be refused if the applicant does not have permission to stay in Iceland while the application is being processed.
The applicant must appear in person when applying for renewal of his/her residence permit, either at the reception area of the Directorate of Immigration or at offices of district commissioners outside of the Reykjavík Metropolitan Area. The applicant will be photographed and must submit a sample of his/her signature. The applicant should bring his/her passport along.
Documents to be submitted
- Payment receipt (if the application has been paid for at a bank). The name of the person for whom payment is being made must be clearly stated. List the name of the applicant, his/her date of birth as a reference.
- Application for a residence permit. (Please download and save to computer before filling out). In original format, carefully filled out and signed by the applicant. (It is important that the applicant states his/her place of stay in Iceland. If the address is not stated when the application is made the applicant must notify his/her place of stay within two (2) weeks from the applicant’s date of arrival in Iceland (for example when being photographed).
- Photocopy of passport. The period of validity must be at least 90 days beyond the period of validity of the residence permit. This must include photocopies of the passport’s personal information page and the page containing the applicant’s signature.
- Statement and documents confirming that the purpose of stay is unchanged.
- Support. The student must show sufficient financial support during his stay, see here.
Further documentation that may be submitted
- Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.
- Application for work permit on grounds of special circumstances in original format, signed both by the applicant and the employer and confirmed by the relevant trade union.
- Employment contract, in original format, signed by both the applicant and the employer. The contract must state the applicant’s wages and terms of employment, and must fulfil the statutory minimum wage terms.
The applicant is responsible for submitting the necessary supporting documents with his/her application. If satisfactory documents are not received by the Directorate of Immigration, this may result in delays in processing the application or in the application being refused. The Directorate of Immigration may request additional information when special circumstances warrant it.