Act On Foreigners No. 96 /2002

This Act entered into force January 1st, 2003.
This Act has been amended by Amendments No 27/2003, 20/2004, 106/2007, 86/2008, 88/2008 and 154/2008.

(No. 96 of May 15th, 2002)

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SECTION I
General Provisions


Article 1

Sphere of Application

The provisions of this Act shall apply to the right of foreigners to enter Iceland and to their stay in Iceland. For the purposes of this Act, ‘foreign national’ (or ‘foreigner’) denotes any person who does not hold Icelandic citizenship.
Special rules shall apply to foreign nationals who are covered by the Agreement on the European Economic Area (EEA) or the Convention establishing the European Free Trade Association (EFTA); see Section VI.
Icelandic nationals may also bear duties under this Act.
This Act shall not apply to Icelandic ships at sea and Icelandic aircraft in flight.

Article 2

Purpose

This Act provides for power to control the entry into Iceland of foreigners, their departure from Iceland and their stay in Iceland, in accordance with government policies at any particular time.
This Act defines the legal status of foreigners who come to or leave Iceland, stay in Iceland, or apply for permits according to this Act.

Article 3

Implementation

The Minister of Justice shall be in overall charge of the matters covered by this Act. He may issue rules in further detail on the right of foreigners to come to Iceland and stay in Iceland, including further conditions regarding temporary and permanent residence permits.

In other respects the Immigration Office, police and other administrative authorities shall implement this Act.
The Minister of Justice shall appoint a Director for the Immigration Office for a term of five years at a time. The Director shall be a lawyer.
To the extent not provided for in this Act, the Minister of Justice shall lay down the sphere of the functions of those charged with implementing this Act.

SECTION II
Arrival and Departure


Article 4

Border control.

All persons entering Iceland shall immediately report to a border post or to the nearest police authority. The same shall apply to persons leaving the country, who shall submit to departure control. Travel across internal borders within the Schengen Area and other travel in accordance with rules issued by the Minister of Justice shall be exempt from these requirements.

Entry into Iceland and departure from Iceland shall take place at the localities and during the service hours determined by the Minister of Justice. The provisions of the Customs Act shall apply to travel across internal borders within the Schengen Area.

The Minister of Justice shall issue further rules applying to travel across borders, including conditions for entry into Iceland, the conduct of inspection and the registration of data, and also on exemptions from the provisions of the first and second paragraphs of this Article regarding travel across internal borders within the Schengen Area. He shall also issue rules on the duty of the captain of a ship or aircraft to ensure that passengers are in possession of valid travel documents.

Article 5

Passports

A foreigner arriving in Iceland shall, unless a different arrangement is provided for in rules issued by the Minister of Justice, possess a passport or other identity document recognised as a travel document.
The Minister of Justice shall issue rules on the requirements to be fulfilled for a passport or other identity document to be deemed valid for entry into Iceland and for a stay in Iceland.
The Immigration Office may in special cases exempt a foreigner from the requirement of possessing a passport, or recognise a document other than ordinarily required.

Article 6

Visas

A foreigner must have a visa for entry into Iceland, unless a different arrangement is provided for by rules issued by the Minister of Justice. This shall not, however, apply to a foreigner possessing a permit to stay issued by a state taking part in the Schengen co-operation. The same shall apply to any foreigner possessing a provisional permit to stay issued by a state taking part in the Schengen co-operation, provided the foreigner in question also possesses a travel document issued by the same state.
A visa issued by a Schengen state shall be valid for arrival in Iceland and a stay in Iceland for the time the may visa specify.
The Minister of Justice may issue rules requiring visas for transit through airports.
A visa shall be valid for one or more arrivals to Iceland and a stay for up to three months in a defined period.

A foreigner may be granted a visa valid throughout the Schengen Area if the following basic conditions are met:

If considerations regarding national foreign policy or public safety argue against it, then a visa shall not be granted. The same shall apply if there is reason to doubt the stated purpose of the foreigner’s journey to Iceland or the truth of information he has given, and also where there is a suspicion that the applicant, or his or her child, will suffer abuse or violence. When the authorities consider there is particular reason to do so, they may request the comments of the police in order to obtain information on the criminal record of a host in order to assess whether the application should be rejected under this provision.

The Minister of Justice shall issue rules regarding visas, including conditions for granting them. When assessing a visa application, consideration shall be given not only to the foreigner’s nationality but also to his social standing and the danger that he will remain in the Schengen Area for longer than permitted. When assessing visa applications, the experience and practice of other Schengen states may be taken into account.
The Immigration Office shall decide on visa applications. Decisions on visa applications may also be committed to the Foreign Service. The granting of a visa application may also be committed to the foreign service of any other state taking part in the Schengen co-operation.

Article 7

Crews of Ships and Aircraft

A foreigner who leaves employment on board a ship or an aircraft, or a foreigner who has concealed himself on board, may not enter Iceland without police permission. The provisions on administrative authorities in cases of dismissal and on appeal shall apply in this respect as applicable.
The Minister of Justice shall issue provisions on shore leave for foreign seamen during a ship's stay in harbour, and on powers to deny entry ashore.

SECTION III
Stay and Residence


Article 8

Stay without an Issued Permit

A foreigner whose entry into Iceland is dependent on a visa may not remain in Iceland any longer than stated in the visa, unless this is specially permitted. Other foreigners may not, in the absence of a special permission, stay in Iceland for more than three months. A stay in the territory of a state taking part in the Schengen co-operation shall have the same effect as a stay in Iceland. The Minister of Justice may issue provisions concerning stay exceeding three months if this follows from an international agreement, and provisions in further detail concerning how periods of stay shall be calculated.
The following foreign nationals may stay in Iceland without residence permits:

The Minister of Justice may set rules specifying further exemptions from the requirement regarding temporary residence permits.

The Directorate of Immigration may issue certificates to foreign nationals confirming that they do not require temporary residence permits in Iceland.

Article 9

Persons for Whom a Permit to Stay in Iceland is Required.

A foreigner wishing to accept employment, with or without remuneration, or to work as a self-employed person in Iceland, must, in addition to a work permit when this is required by law, possess a permit to stay in Iceland, except if such a permit is unnecessary by virtue of the provisions of Article 8, the second paragraph.
A foreigner planning to remain in Iceland for a period longer than provided for in Article 8, the first paragraph, must possess a permit to stay in Iceland.

Article 10

Applications for temporary residence permits.

A foreign national applying for a temporary residence permit for the first time shall apply for the permit before arriving in Iceland and may not come to Iceland until the application has been approved. This requirement may be waived if cogent considerations of fairness so demand, or in accordance with rules set by the Minister of Justice.

The Directorate of Immigration shall take a decision regarding the temporary residence permit. The applicant shall sign the application with his own hand, stating, inter alia, that he consents to undergo a medical examination within two weeks of arriving in Iceland in accordance with current legislation and the instructions of the health authorities. The application shall be accompanied by a photograph of the applicant and he shall sign the application with his own hand, stating, inter alia, that he consents to undergo a medical examination within two weeks of arriving in Iceland in accordance with current legislation and the instructions of the health authorities. The application for a temporary residence permit shall also be accompanied by all the materials and certificates required by the Directorate of Immigration in order to confirm that the applicant meets the conditions set forth in legislation and regulations, such as statement from the Penal Register, a health certificate and confirmation of guarantees that the applicant is able to support himself and that he is in possession of health insurance. The Minister of Justice may issue regulations containing more detailed specifications of the documents and certificates to be submitted by the applicant.

Article 10 a

Issue of temporary residence permits.

A temporary residence permit may not be issued until the application for a temporary residence permit has been approved, the foreign national has arrived in Iceland, has undergone a medical examination as attested by a certificate issued by a health institution and has completed the registration of his address in Iceland. The Directorate of Immigration shall issue a certificate attesting that a temporary residence permit has been issued. The certificate shall be issued to the foreign national in his name and he shall be the holder of the residence permit. In order to enable identification of the holder of the temporary residence permit and establish that the holder is the individual he claims to be, a digital image of the applicant shall be taken and printed on the certificate. For the same purpose, the Minister of Justice may decide that the temporary residence permit certificate shall include a microchip containing the information registered on the card, together with the holder’s fingerprint. The certificate shall state, amongst other things, the foreign national’s name and nationality, the name of his employer, where appropriate, and the term of validity of the temporary residence permit.

Article 11

Basic conditions for a temporary residence permit.

A foreign national may be granted a temporary residence permit under the provisions of Articles 12-12 e or Article 13 in response to an application if he meets the following basic requirements.

A foreign national’s support under item a of the first paragraph is considered secure if he receives wages or payments from independent activities that are sufficient to support him, or if he has sufficient private funds to cover his support during his stay in the country or if he receives a student loan or study grant that is sufficient to cover his support. Private funds, student loans or study grants must be denominated in a currency that is registered at the Central Bank of Iceland. Support may be based on more than one of these sources, in which case it shall be considered as secure if the foreign national is able to demonstrate that his overall financial capacity is sufficient to cover his support. Unemployment benefit or payment in the form of social assistance by the state or a local authority shall not be regarded as a secure means of support for the purpose of this article. The same shall apply to social security payments to which the foreign national becomes entitled on the basis of permanent residence in Iceland.

Under special circumstances, a foreign national who comes to Iceland for legitimate purposes and meets the requirements of the first and second paragraphs of this Article may be granted a temporary residence permit even though he does not meet the requirements of Article 12-12 e or Article 13 regarding temporary residence permits. Such temporary residence permits may not be granted for more than one year at a time and may not constitute the basis for permanent residence permits.

Article 12

Common Protection in Case of Mass Refugee Problems

The Minister of Justice may decide to implement the provisions of this Section in cases of mass refugee problems. The Minister shall also decide when the granting of common protection as provided for in the second and third paragraphs shall be discontinued.
A foreigner who becomes a refugee as a result of a mass refugee problem and arrives or stays in Iceland when the provisions of this Section are implemented may, upon application, be granted protection on the basis of a group assessment (common protection). This entails a permit to stay, issued on the basis of Article 12 f. This does not make the person in question entitled to a residence permit.
The permit may be renewed or extended for up to three years as from when the applicant was first granted such permit. After this, a permit may be issued which may form the basis for a residence permit. When one year has passed with such a permit in effect a residence permit can be issued, provided the requirements for continued effect of the original permit remain fulfilled, and other relevant conditions are also fulfilled, cf. Article 15.
A decision on an application for asylum lodged by a foreigner to whom the second paragraph applies may be suspended for up to three years as from when the foreigner received his first permit. When, as envisaged in the first paragraph, common protection is no longer granted, or when three years have passed since the applicant was first granted a permit, the applicant shall be notified that his application for asylum will only be considered if he definitely expresses a request to that effect within a certain period of time.
The Immigration Office shall decide on the above permits and whether to suspend decision on an application.
The Minister of Justice may issue provisions in this regard in further detail.

Article 12

Temporary residence permits in connection with employment for which specialist skills are required.

Foreign nationals may be granted temporary residence permits in connection with employment in Iceland for which specialist skills are required. The conditions for granting temporary residence permits under this Article shall include the following:

Temporary residence permits under this Article shall not initially be issued for more than one year, and in no case for a longer period than the term of the work permit. Temporary residence permits may be extended for up to two years at a time providing that the conditions of the first paragraph are met.

A permit granted under this Article may constitute the basis for a permanent residence permit.

Article 12 a

Temporary residence permits granted in connection with labour shortages.

Foreign nationals may be granted temporary residence permits in connection with participation in the Icelandic labour market in conformity with Article 9 or Article 15 of the Foreign Nationals’ Right to Work Act. The conditions for granting temporary residence permits under this Article shall include the following:

Temporary residence permits under this Article shall not initially be issued for more than one year, and in no case for a longer period than the term of the work permit. Temporary residence permits may be extended for up to one further year.

Permits may be extended for longer than the period specified in the second paragraph of this Article in the case of a clearly delineated work project which is of fixed duration which covers a period longer than that stated in that paragraph. In such cases, a temporary residence permit may be granted until the work project is complete, or for the period covered by the work permit.

A foreign national who has held a temporary residence permit under this Article may not be granted a new permit until he has been continuously resident abroad for two years following the end of the term of the permit. However, this provision shall not apply in cases where the foreign national has worked in Iceland for less than six months in each twelve-month period.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

Article 12 b

Temporary residence permits for sportsmen.

Foreign nationals may be granted temporary residence permits in connection with work as sportsmen or trainers with a sports club within the Icelandic Sports and Olympic Federation. The conditions for granting temporary residence permits under this Article shall include the following:

Temporary residence permits under this Article shall not initially be issued for more than one year, and in no case for a longer period than the term of the work permit. They may be extended for up to two years at a time providing that the conditions of the first paragraph of this Article are met.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

Article 12 c

Agreements between Iceland and other states regarding temporary residence by their citizens in Iceland.

Citizens of certain states who are aged between 18 and 26 years may be granted temporary residence permits in Iceland for a maximum of one year under agreements which the Government of Iceland has made with the other states regarding temporary residence by their citizens in Iceland in order to acquaint themselves with the country and its culture. The conditions for granting temporary residence permits under this Article shall include the requirement that the conditions of the first and second paragraphs of Article 11 are met and that the foreign national has not previously been granted a temporary residence permit in Iceland under such an agreement.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

Article 12 d

Temporary residence permits in connection with au pair engagements.

Foreign nationals may be granted temporary residence permits in connection with work as au pairs in the homes of families in Iceland. The conditions for granting temporary residence permits under this Article shall include the following:

Temporary residence permits under this Article shall not be issued for more than one year, and in no case for a period longer than the engagement period according to the au pair contract. Permits may not be extended under this Article. Furthermore, the foreign national may not be granted a temporary residence permit under the provisions of Article 12-12 c until he or she has been continuously resident abroad for two years following the end of the term of the permit.

If the au pair engagement is terminated before the end of the engagement period according to the contract between the parties, both the au pair and the host family shall notify the party who acted as an intermediary in arranging the engagement and the Directorate of Labour. The au pair may move to a new host family. Combined periods spent with more than one host family shall not exceed one year. Foreign nationals who reside in Iceland under this Article may not engage in ordinary jobs outside the home during their residence period.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

The Directorate of Immigration shall issue the forms necessary for au pair contracts.

The directorate shall also determine the minimum amount of pocket money for au pairs. The Directorate of Immigration may entrust another institution or enterprise with all intermediary functions and monitoring in connection with au pair engagements. The Minister of Justice shall issue more detailed rules regarding residence under this Article, including conditions to be met by the foreign national and the family involved in connection with the au pair’s stay and the terms of service.

Article 12 e

Temporary residence permits in connection with study.

Foreign nationals intending to pursue full-time studies in Iceland may be granted temporary residence permits providing that they meet the requirements made in connection with preparatory education for the course of studies in question, including those regarding language skills. The conditions for granting temporary residence permits under this Article shall include the following:

‘Full-time studies’ constitute 100% continuous courses of study at university level, studies in a trade or other types of study for which the requirements regarding preparatory education are similar to those regarding university-level education. Individual courses shall not be regarded as constituting study.

Foreign exchange students may be granted temporary residence permits under this Article if they come to Iceland through the agency of recognized student exchange organizations.

Temporary residence permits under this Article shall normally not be granted for more than six months at a time. Residence permits under this Article may be extended during a study period if the foreign national continues to meet the conditions of the first and second paragraphs of this Article and is able to demonstrate satisfactory academic performance.

Academic performance shall be regarded as satisfactory if the foreign national has completed at least 75% of full-time studies. For the first extension of a residence permit, academic performance shall be regarded as satisfactory if the foreign national has completed at least 50% of full-time studies.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

Article 12 f

Temporary residence permits granted on the basis of humanitarian considerations.

Foreign nationals may be granted temporary residence permits even though not all the conditions of Article 11 are met if cogent humanitarian considerations argue in favour of this, or in view of the foreign national’s special connections with Iceland.

Temporary residence permits under this Article shall not be issued for more than one year. Temporary residence permits granted under this Article may be extended by up to two years at a time providing that the grounds on which they were originally granted have not changed.

A permit granted under this Article may constitute the basis for a permanent residence permit.

Article 12 g

Provisional temporary residence permits.

A foreign national who has applied for asylum in Iceland may be granted a provisional temporary residence permit, in response to an application, until a decision on his asylum application has been taken. A foreign national who has received a final rejection of his application for asylum or for a temporary residence permit, which does not take immediate effect, may also be granted a provisional temporary residence permit, in response to an application, until the rejection takes effect. The conditions for granting temporary residence permits under this Article shall include the following:

The conditions of the first paragraph of this Article may be waived in special circumstances. Temporary residence permits under this Article shall normally not be granted for more than six months. Residence permits under this Article may be extended for up to one year in accordance with a decision by the Directorate of Immigration.

The provisions of Sections IV, V and VII of the Executive Procedure Act regarding the right of objection, the notification of decisions, reasoning, etc., and regarding appeals against executive decisions, and the appropriate provisions of Section V of this Act, shall not apply regarding decisions on provisional temporary residence permits. Provisional temporary residence permits shall not have any legal effects other than those specified in statutes or regulations.

A permit granted under this Article may not constitute the basis for a permanent residence permit.

Article 13

Temporary residence permits for immediate family members.

Members of the immediate family of an Icelandic citizen or of another Nordic citizen who is permanently resident in Iceland, or of a foreign national who lives in Iceland on the basis of a temporary residence permit under Article 12, Article 12 b and Article 12 f, or on the basis of a permanent residence permit, may, in response to an application, receive a temporary residence permit, providing that the circumstances referred to in item d of the first paragraph of Article 11 do not apply, in addition to which their means of support, health insurance and accommodation shall be guaranteed (cf. item a of the first paragraph of Article 11). The same shall apply to the members of the immediate families of persons who are pursuing doctorate studies in Iceland under Article 12 e.

For the purposes of the first paragraph of this Article, ‘immediate family members’ are the spouse, cohabiting partner or registered partner, the children of the person concerned who are under the age of 18, are supported by him and under his custody and his relations, or those of his spouse, in direct line of descent, who are older than 66 and are supported by them.

If there is reason to suspect that a marriage, registered partnership or cohabitational partnership has been established solely with a view to obtaining a temporary residence permit, and no incontrovertible demonstration to the contrary is made, then this shall not confer an entitlement to a temporary residence permit. The same shall apply if there is reason to suspect that a marriage or registered partnership has not been established in accordance with the will of both partners, or if the establishment of the marriage or registered partnership violates public order and the general principles of Icelandic law. In all cases in which either spouse is aged 24 years or younger, an investigation shall be made as to whether the circumstances are of the type referred to in the first and second sentences of this paragraph.

Temporary residence permits as provided for in this Article may not be granted if the member of the applicant’s immediate family has in the previous five years received a sentence or been subjected to security measures for a violation of the provisions of Sections XXI–XXIV of the General Penal Code, except where a refusal to grant a temporary residence permit would constitute an unfair measure against him or his immediate family members. The Directorate of Immigration may obtain statements (criminal records) from the Penal Registry regarding applicants in order to establish whether or not applications should be rejected under this Article.

Temporary residence permits under this Article shall not initially be issued for more than one year. However, the temporary residence permit of a member of the immediate family of a foreign national who is resident in Iceland on the basis of a temporary or permanent residence permit may never be valid for longer than the latter’s permit. Temporary residence permits under this Article may be extended in response to an application if the conditions for granting them are still met. Furthermore, the temporary residence permit of a foreign national who has lived in Iceland under this Article until the age of 18, but has lost the entitlement to a temporary residence permit under this Article on reaching the age of 18, may be extended providing that the conditions of the first paragraph of Article 11 are met and he is either pursuing studies or working in Iceland.

Furthermore if a marriage, registered partnership or cohabitational relationship is dissolved because the foreign national or his or her child has met with abuse or violence in the relationship, then under special circumstances and if cogent consideration of fairness favour such a course of action, a temporary residence permit issued under this Article may be extended even though the premises for residence in Iceland have changed, providing that the conditions of the first paragraph of Article 11 are met. In such cases, factors including the length of the marriage, registered partnership or cohabitational relationship and the connections that the foreign national has with Iceland shall be taken into consideration.

A temporary residence permit issued to a family members under this Article may constitute the basis for a permanent residence permit unless the foreign national from whom the foreign national derives his entitlement holds a temporary residence permit that does not constitute such a basis.

Article 14

Extension of temporary residence permits.

Foreign nationals’ temporary residence permits may be extended, in response to an application, if the conditions on which they were granted continue to be met. Under special circumstances, however, the condition regarding a secure means of support (cf. item a of the first paragraph of Article 11) may be waived if the means of support has been uncertain for a short period due to unemployment, an accident or illness, and cogent considerations of fairness favour such a course of action.

A foreign national who desires an extension of his temporary residence permit shall apply for this not later than four weeks before the permit expires. If an application for extension is made before the stated deadline, the foreign national shall be permitted to reside in Iceland until the decision on his application is taken. Otherwise, the foreign national shall leave Iceland before the expiry of his permit.

In exceptional cases, the Directorate of Immigration may authorise the foreign national to continue to reside in Iceland until a decision is taken regarding his application for an extension of his permit if the application has been received after the deadline stated in the second paragraph of this Article, if the fact that it was not submitted earlier is excusable or if there are cogent considerations of fairness in favour of such a course of action.

The Directorate of Immigration shall take a decision to cancel a temporary residence permit when the holder has lived abroad continuously for more than three months. When the foreign national’s domicile has been registered abroad for three months, the temporary residence permit shall lapse automatically. Even when a temporary residence permit lapses, this shall not prevent the foreign national from applying for an extension under this Article if this is done within the original term of the temporary residence permit and cogent considerations of fairness favour granting an extension.

Article 15

Permanent residence permits.

Foreign nationals may be granted permanent residence permits if they have lived in Iceland continuously for the previous four years on the basis of temporary residence permits which may constitute grounds for permanent residence permits. The conditions for granting permanent residence permits shall include the following:

A permanent residence permit confers the right to reside in Iceland without a time restriction.

A child born after its custodial parent arrives in Iceland may be granted a permanent residence permit providing that the parent holds a permanent residence permit in Iceland.

The Directorate of Immigration shall take decisions on permanent residence permits. A foreign national who wishes to acquire a permanent residence permit shall apply for it to the Directorate of Immigration not later than four weeks before his temporary residence permit is due to expire. He may continue to reside in Iceland until a decision regarding his application has been taken providing that the application is received by the Directorate of Immigration before the stated deadline. The provisions of the second and third paragraphs of Article 14 shall apply regarding applications received after the deadline.

The Directorate of Immigration shall take a decision to cancel a permanent residence permit when the holder has resided abroad for more than 18 continuous months. When the foreign national’s domicile has been registered abroad for 18 months, the permanent residence permit shall lapse automatically. In response to an application, a foreign national may be permitted to reside abroad for a longer period without his permanent residence permit expiring.

The Directorate of Immigration shall issue a certificate certifying that a permanent residence permit has been granted. The certificate shall be issued in the name of the foreign national who is the holder of the permit. The provisions of Article 10 a shall apply regarding the issue of certificates confirming that permanent residence permits have been issued.

The Minister of Justice shall set further rules regarding permanent residence permits, including as regards longer periods of residence abroad under the fifth paragraph and courses in Icelandic for foreigners under the first paragraph of this Article. These shall include provisions on the length of the course, minimum attendance requirements and certificates confirming participation. Provisions may also be set regarding exemptions from participation in courses in Icelandic for foreigners who have a acquired satisfactory knowledge of Icelandic and on tests to confirm this. Furthermore, regulations may contain provisions on fees for participating in courses or for taking tests.

Article 16

Revocation

The Immigration Office may revoke a permit to stay in Iceland or a residence permit if the foreigner in question has wilfully provided incorrect information or concealed facts that may have been of material significance for the issue of the permit, if the conditions set for such permits are no longer fulfilled, or if this otherwise follows from the general principles of administrative law.

Following the revocation of a permit on the basis of false information having been provided or because facts were concealed that could have been of material significance for the issue of a permit, the legal status of the foreign national under this Act shall be the same as it would be if he had never been issued with a permit.

Article 17

Duty to Report

A foreigner who has been granted a permit to stay in Iceland before his arrival shall, within one week from his arrival, report to the Immigration Office or the Sheriff's office at his place of stay outside Reykjavík. The same shall apply to any foreigner who intends to apply for such permit or otherwise needs such permit.
Any foreigner who transfers his home to another location while a procedure subject to this Act is in progress shall report his change of address to police.
The Minister of Justice may issue rules providing that a foreigner for whom a permit to stay in Iceland is unnecessary shall report the location of his home, and his work or employment, to police.

SECTION IV
Denial of Entry, and Expulsion

Article 18

Denial of Entry on Arrival

A foreigner may be denied entry into Iceland on arrival, and for a period of up to seven days following arrival:
a. if he does not fulfil the requirements set as regards passports, visas or manner of arrival;
b. if he has been expelled from Iceland or from any other of the Nordic countries, a prohibition of re-entry is still in effect, and he has not been granted a permission to come to Iceland;
c. if he does not possess the required permits to stay in Iceland or to work in Iceland, or if he is unable to substantiate the stated purpose of his stay in Iceland;
d. if he can not demonstrate that he possesses, or has secured, adequate funds for his stay in Iceland and for travel back to his home country;
e. if he has been sentenced as referred to in Article 20, the first paragraph, subparagraphs (b) or (c), or if there are, for other reasons, particular grounds to assume that he may commit, in Iceland or in any other Nordic country, a punishable act that may result in imprisonment for a period exceeding three months;
f. if the provisions of Article 6 of the Nordic Passport Convention apply and the foreigner may be expected to travel to another Nordic country where he is likely to be denied entry on account of a failure to comply with the applicable rules on passports or visas, or if entry to the country in question may be denied for other reasons;
g. if he, in the opinion of a medical doctor, is unable to control his personal affairs on his own while staying in Iceland, if there is a risk that he will, by his conduct, endanger himself or others, or if he suffers from a serious infectious disease;
h. if he has not paid the costs of his prior deportation defrayed by public authorities, cf. Article 56, the first paragraph;
i. if he is registered in the Schengen Information System for the purpose of denying him entry, an
j. if this is necessary with a view to public order, national security or the international relations of Iceland or any other state taking part in the Schengen co-operation.
Procedure must be commenced within the period of seven days. A foreign national may be denied entry into Iceland temporarily within this period. No appeal may be lodged against a decision to this effect.
The case of a foreigner who claims to be a refugee or otherwise provides information indicating that the provisions of Article 45, the first paragraph, apply to him, shall be referred to the Immigration Office for procedure and a decision.
The Minister of Justice may issue rules providing for exemptions from the provisions of the first paragraph above in relation to foreigners possessing a permit to stay or a visa issued by a Schengen state.

Article 19

Denial of Entry Subsequent to Arrival

A foreigner may be denied entry into Iceland in accordance with the provisions of Article 18, the first paragraph, even if the period of seven days is over. Procedure in his case must however be commenced within nine months from his arrival in Iceland.
A foreigner who possesses a permit to stay or reside in Iceland can not be denied entry into Iceland under this provision.

Article 20

Expulsion

A foreigner may be expelled from Iceland:
a. if he is living illegally in Iceland, or has violated one or more provisions of this Act seriously or repeatedly, or if he fails to heed a decision involving an order to leave Iceland;
b. if he has, during the five previous years, served a sentence abroad or been sentenced abroad on account of an act that under Icelandic law can result in imprisonment for more than three months; the same shall apply in case of particular measures taken on account of such criminal conduct;
c. if he has been sentenced in Iceland or if a court has ordered that he shall be subjected to security measures in consequence of conduct that can result in imprisonment for more than three months, or if he has been sentenced to imprisonment more than once in the previous three years;
d. if this is necessary with a view to national security or the public interest.
Expulsion under the first paragraph, subparagraphs (a), (b) or (c) shall not take place if, with a view to the facts of the matter and the links to Iceland of the foreigner in question, the measure would be deemed unreasonable with respect to him or his close family members. A foreigner possessing a permit to stay in Iceland or national of one of the Nordic countries who has been residing in Iceland for more than three months may only be expelled from Iceland if his criminal conduct may result in imprisonment for one year or more.
Expulsion involves a prohibition against returning to Iceland later. The prohibition against returning may be permanent or limited in time, however generally not for a period shorter than three years. A person who has been expelled may, on application, be granted a permit to return, however generally not sooner than two years after departure. The Minister of Justice shall set further rules covering prohibitions on re-entry into Iceland.

Article 21

Denial of Entry and Expulsion of Foreign Nationals Possessing Residence Permits, etc.

A foreigner born in Iceland, who has since resided permanently and continuously in Iceland, can not denied entry to Iceland or expelled from Iceland.
A foreigner possessing a residence permit can only be denied entry to Iceland or expelled from Iceland if:
a. this is necessary with a view to national security, cf. Article 20, the first paragraph, subparagraph (d);
b. he has served a sentence or been sentenced on account of conduct punishable by imprisonment for at least three years under Icelandic law, and the offence was committed abroad five years ago or later, or in Iceland one year ago or later. Any particular measures ordered on account of such criminal conduct shall have the same effect.
Expulsion under the second paragraph, subparagraph (b), shall not take place if, with a view to the facts of the matter and the links to Iceland of the foreigner in question, the measure would be deemed unreasonable with respect to him or his closest family members.

Article 22

Administrative Authorities and Case Preparation

A commissioner of police shall decide on denial of entry as provided for in Article 18, the first paragraph, subparagraphs (a) – (i). The Immigration Office shall take other decisions in accordance with this Article.
Police shall prepare the cases to be decided on by the Immigration Office. If the police consider that the conditions for denial of entry or expulsion are fulfilled, they shall send the case file to the Immigration Office for its decision.

SECTION V
Procedure

Article 23

General Rules of Procedure

Subject to any other provisions of this Act, procedure shall be governed by the Act on Administrative Procedures.

The Directorate of Immigration may, after receiving the approval of the Minister of Justice, give applications under Article 12, Article 12 a and Article 12 e priority treatment.

The Directorate of Immigration may give applications under Article 12 and Article 12 a swift treatment on the basis of a declaration by an employer that has received recognition by the Directorate of Immigration. The employer shall declare that all the conditions for a temporary residence permit have been met and that he will submit satisfactory materials on behalf of the foreign national. The Minister of Justice may set rules on the exercise of this authorisation, including as regards the conditions that employers are required to meet in order to receive recognition.

Article 24

Right of Protest

Before a decision is taken in the case of a foreigner he shall be granted an opportunity to express his views on the matter in question, orally or in writing, if his views and the grounds on which they are based are not stated in the case file or if such expression is not obviously unnecessary. The right to make expressions in writing shall however not apply when a foreigner is to provide oral information to passport control authorities or police.
When handling cases concerning applications for asylum, cases subject to the provisions of Article 45, and cases concerning denial of entry or expulsion, the administrative authority shall to every extent possible see to that the foreigner is granted an opportunity to express his views in a language in which he is adequately capable of expression.

Article 25

Duty to Provide Guidance

In cases concerning denial of entry, expulsion or revocation of permits, and in cases concerning applications for asylum, the administrative authority shall inform the foreigner that he may, for his own account, seek the assistance of a lawyer or other representative, of his right to have a spokesman appointed as provided for in Article 34, the second paragraph, and of his right to contact a representative of his home country, a representative of the United Nations High Commissioner for Refugees, and domestic humanitarian or human rights organisations.
In other respects the general principle of Article 7 of the Act on Administrative Procedures relating to provision of guidance shall apply.

Article 26

Provision of Information to Foreign Countries

Government authorities handling issues relating to foreign nationals may provide foreign government authorities with information about a foreign national in connection with the handling of a case relating to a visa, temporary residence permit or asylum, to the extent that is necessary in connection with agreements into which Iceland has entered on points of reference and arrangements for determining which state is to handle an application for asylum submitted in Iceland or in one of the states that are party to the agreement.
The Minister of Justice may issue rules in further detail on what information may be provided, and on any conditions to be fulfilled for provision of information.

Article 27

Disqualification

A public servant who has taken part in criminal procedure against a foreigner may not take part in preparing a decision or take a decision relating to his denial of entry, permit to stay in Iceland, residence permit or expulsion. This provision shall not apply to cases concerning violation of the provisions of this Act or any rules issued in accordance with it.

Article 28

Collection of Evidence in Court

A foreigner, and an administrative authority in charge of his case, may request that any evidence, which can not be satisfactorily collected in a case subject to procedure in accordance with this Act, is collected in court subject to the rules of Chapter XII of the Code of Civil Procedure, concerning collection of evidence without litigation having been commenced. The judge shall decide whether the conditions for granting the request are fulfilled.
The provision of the first paragraph shall not apply in cases concerning denial of entry, or when the person whose testimony is requested is abroad.

Article 29

Investigative Measures

Any foreigner has the duty of assisting in establishing his identity, to the extent this may be requested by an administrative authority referred to in Article 3, the second paragraph. The Minister of Justice shall issue rules in further detail, defining what may be required of a foreigner in order to comply with this duty.
If the identity of a foreigner is in doubt at the time he arrives in Iceland or later, police may seize his travel documents, carrier tickets and any other evidence that may serve to establish his identity. The same shall apply if his former place of stay is uncertain, provided this is of relevance for his right to stay in Iceland. Police shall inform the foreigner that he may refer the legality of such seizure to a judge subject to the provisions of the Code of Criminal Procedure.
If there are grounds to believe that a foreigner, contrary to orders given in accordance with the first paragraph, withholds or keeps secret information concerning his identity, or if he, contrary to the provisions of Article 53, withholds or keeps secret information concerning his former place of stay, police may conduct a personal search of the foreigner, his home or room, and any repositories, subject to the provisions of the Code of Criminal Procedure. The same shall apply if there is reason to suspect that the marriage has been established solely with a view to obtaining a temporary residence permit, or without the will of both partners (cf. the third paragraph of Article 13).
The decision to carry out a search shall be made by a judge’s ruling unless the person concerned gives his consent for the search or there is a real danger that waiting for a judge’s ruling would result in evidence being prejudiced.

For the purposes of the investigation, photographs and fingerprints may be taken of a foreigner who:
a. can not prove his identity, or if there are grounds to believe that he has not stated his identity correctly;
b. seeks asylum or applies for a permit under this Act;
c. has been denied asylum or a permit under this Act, or
d. has been denied entry to Iceland or expelled, or may be assumed to be staying illegally in Iceland.
Fingerprints taken in accordance with the fourth paragraph may be entered into a computerised registry. The Minister of Justice may issue rules in further detail on the keeping and use of the registry.
If a foreign national refuses to reveal his identity, or there is reason to suspect that the foreign national has given false information concerning his identity or if he exhibits conduct which indicates that he may be dangerous, he may be arrested and remanded in custody in accordance with the provisions of the Code of Criminal Procedure, as appropriate. Furthermore, the police may require him to report to them or to remain within a specified limited area.

When deciding whether to grant a residence permit, the Directorate of Immigration may require the applicant for a residence permit under the first paragraph of Article 13 or his relatives to undergo an DNA test and to give a biosample for that purpose, in order to establish relationship under the second paragraph of Article 13 if the evidence submitted in that connection is not considered as giving satisfactory proof of the relationship.

When deciding whether to grant a residence permit, the Directorate of Immigration may require the applicant for a residence permit under the first paragraph of Article 13 or his relatives to undergo an DNA test and to give a bio sample for that purpose, in order to establish relationship under the second paragraph of Article 13 if the evidence submitted in that connection is not considered as giving satisfactory proof of the relationship.

Article 30

Appeals

A decision of police, and a decision of an embassy, permanent commission or consul taken in accordance with the eighth paragraph of Article 6, may be appealed against to the Immigration Office. A decision of the Immigration Office taken in its capacity of superior administrative authority is not subject to appeal. Other decisions can be appealed against to the Ministry of Justice.
A foreigner wishing to exercise his right of appeal shall make a declaration to that effect within 15 days from when the decision in question was notified him, to the authority that made the notification. In other respects appeals shall be governed by Chapter VII of the Act on Administrative Procedures relating to administrative appeals.

Article 31

When a Decision can be Implemented

A decision on denial of entry taken in accordance with Article 18 may be implemented forthwith. A denial of an application for renewal of a permit to stay or a residence permit, lodged within the period provided for in Article 14, the second paragraph, can not be implemented until taken finally. The same shall apply to a decision on revocation taken under Article 16, and a decision on expulsion of a foreigner possessing a permit to stay or a residence permit, or of a national of a Nordic country who has been staying in Iceland for longer than three months. The provisions of Article 29 of the Act on Administrative Procedures relating to suspension of legal effects shall apply in other respects.
A denial of an application for a permit to stay in Iceland that is submitted for the first time, and a denial of renewal applied for under the first paragraph following expiration of the period referred to in Article 14, the second paragraph, can not be implemented until the foreigner in question has been granted an opportunity to lodge an appeal, and in any event not before two days have passed since the decision was notified the foreigner.

Article 32

When a Decision in Cases Concerning Asylum or Protection from Persecution can be Implemented

If a foreigner states that the situation referred to in Article 45, the first paragraph, applies to him, a decision ordering him to leave Iceland can not be implemented until finally taken. This shall however not apply to cases where the Immigration Office deems obvious that such a situation does not apply, and in cases where the foreigner in question has an application for asylum pending in another state or if such an application has been denied there.
Police shall submit the question whether to suspend implementation to the Immigration Office, if a foreigner invokes a situation as referred to in Article 45, the first paragraph, at the time the decision is to be implemented, and it is not shown that a stand has already been taken with respect to the situation invoked. If the Immigration Office considers obvious that no such situation exists, a decision of implementation may be taken.
The provisions of Chapters IV, V and VII of the Act on Administrative Procedures on right of protest, on notification of decisions, reasoning, etc, and on administrative appeals, shall not apply to decisions taken under the first and second paragraphs.

Article 33

Implementation of Decisions

A decision obligating a foreigner to leave Iceland shall be implemented by ordering the foreigner in question to leave the country at once or within a specified period. If the foreigner does not leave the country as ordered, or if it is likely that he will not do so, he may be deported by police. In special circumstances the foreigner may be deported to a country other than that from which he came. Decisions concerning implementation can not be subject to separate appeal. Legal action in court requesting invalidation of a final decision ordering a foreigner to leave Iceland does not suspend its effects. The Minister of Justice may however decide to suspend its implementation if it is established that the situation has changed significantly from when the decision ordering the foreigner to leave was taken.
A foreigner to whom the provisions of the first paragraph apply, who does not possess valid travel documents, has the duty of procuring such documents.
In order to ensure that a decision under the first paragraph of this Article can be carried out, and in cases where the foreign national exhibits conduct which indicates that he may be dangerous, the police may require the foreign national to:

The instructions stated in the third paragraph may only be given if there is reason to believe that the foreign national will avoid carrying out a decision under the first paragraph of this Article or in cases where the foreign national exhibits conduct that indicates that he may pose a threat to the community. When assessing whether there is reason to believe that the foreign national will avoid carrying out a decision under the first paragraph of this Article, general experience of such avoidance may be taken into consideration. The instructions shall not remain in force for more than four weeks, unless the foreign national gives his approval or a judge determines that this shall be the case in accordance with the Code of Criminal Procedure.
If necessary in order to ensure implementation, the foreigner may be arrested and committed to custody by judicial decision in accordance with the provisions of the Code of Criminal Procedure as applicable. The same shall apply if a foreigner does not take the measures necessary in order to procure a travel document as provided for in the second paragraph, for the purpose of bringing the foreigner before the representative of the relevant foreign country in order to obtain the issue of a travel document.
Custody shall not be ordered for a period longer than two weeks. The period can only be extended if the foreigner does not leave Iceland on his own accord, and if it is likely that he will, if not held in custody, evade the implementation of a decision referred to in the first paragraph. In such a case the period can be prolonged for a maximum of two weeks, however not more than two times.
A foreigner may neither be arrested nor committed to custody if such a measure is, with a view to the nature of the matter and the facts in other respects, unreasonable, or if the judge considers adequate that the foreigner is, instead, subjected to measures as provided for in the third paragraph.
Coercive measures under the third and fifth paragraphs may be taken when a decision is taken to order a foreigner to leave, and during procedure which may result in such order.

Article 34

Legal Aid

A judge shall, when custody is requested in accordance with Article 29, the seventh paragraph, or Article 36, the fifth paragraph, appoint a spokesman for the foreigner in question from among professional lawyers. The same shall apply when measures are requested in court under Article 33, the third and fourth paragraphs, if this does not cause particular inconvenience or delay, and if the judge considers that it would be incautious to refrain from such appointment.
When appealing against a decision relating to denial of entry, expulsion or revocation of a permit, and in cases concerning applications for asylum, a foreigner shall be entitled to have a spokesman appointed by the relevant administrative authority. This shall however not apply in cases concerning expulsion under the provisions of Article 20, the first paragraph, subparagraphs (b) and (c), Article 21, the second paragraph, subparagraph (b), or Article 42, the second paragraph, in cases concerning conduct referred to in the second sentence of that provision when appeals are made against a refusal to process an application for asylum, the refusal being based on items d and e of the first paragraph of Article 46.

, or when a foreigner who has applied for asylum lodges an appeal on the grounds that he has only be granted a permit to stay under Article 12 f. If a judge grants a request for collection of evidence in court as provided for in Article 28, the costs to be borne by the foreigner for legal aid during its collection shall be paid by the State Treasury.
The provisions of Chapter VI of the Code of Criminal Procedure shall apply as applicable to legal aid provided in accordance with the first and second paragraphs. Refund of costs paid for legal aid shall be claimed from the foreigner in whole or in part, if he has the means to pay them.

SECTION VI
Special rules applying to foreign nationals who are covered by the Agreement on the European Economic Area (EEA) or the Convention establishing the European Free Trade Association (EFTA).

Article 35

Entry and periods of residence.

A foreign national who is subject to the rules of the EEA Agreement (an EEA foreign national) or the Convention establishing EFTA (an EFTA foreign national) may enter Iceland without a special permit and live or work in Iceland for up to three months from the date of his arrival, or up to six months if he is looking for employment. Periods of residence in another Nordic country shall not be deducted from this residence period. A foreign national who is neither a citizen of an EEA or EFTA state nor a relative of such a citizen, may enter Iceland without a special permit in order to provide a service for up to 90 working days during a calendar year if he holds a permit that is the equivalent of a permanent work permit in an EEA or EFTA state and is employed by a person who provides services or is established or in operation there. An EEA or EFTA foreign national who resides or works in Iceland for longer than the time stated in the first paragraph of this Article shall be obliged to register himself, and shall meet the conditions of Article 36.

Article 36

Rights regarding residence.

An EEA or EFTA foreign national (not, however, a foreign national in the category referred to in the second paragraph of Article 35) shall be entitled to reside in Iceland for longer than three months if he meets the following conditions:

An EEA or EFTA foreign national may be required to produce satisfactory travel documents and other materials demonstrating that he meets the conditions of the first paragraph of this Article.

The Minister of Justice may set more detailed rules regarding the right of EEA or EFTA foreign nationals to reside in Iceland, including the registration of their right of residence and documents as provided for in the second paragraph of this Article.

Article 37

Residence by family members.

Members of the family of an EEA or EFTA foreign national who is legally resident in Iceland shall be entitled to reside with him in Iceland.

The following persons are considered as members of the family of a foreign national who is covered by the first paragraph of Article 36:

A member of the family of an EEA or EFTA foreign national who intends to live with him in Iceland for longer than the period stated in the first paragraph of Article 35 and is himself an EEA or EFTA foreign national shall be obliged to register himself in Iceland in accordance with the third paragraph of Article 35.

Family members who are not EEA or EFTA foreign nationals shall be obliged to apply for residence cards within three months of arriving in Iceland.

The Minister of Justice shall set more detailed rules on residence by members of the family of EEA or EFTA foreign nationals, including conditions for their residence in Iceland.

Article 38

Continued Stay Following Cessation of Employment

The Minister of Justice may issue rules on the right of a foreigner to whom the provisions of Article 36, the first paragraph, subparagraphs (a) and (b), apply, to continued stay in Iceland following cessation of employment, and on his family members' right to a continued stay in accordance with Article 37.

Article 39

Right of permanent residence.

An EEA or EFTA foreign national who has resided legally in Iceland continuously for five years under the first paragraph of Article 36 shall be entitled to reside in Iceland permanently. The same shall apply to members of his family who have lived with him in Iceland legally for five years.

Residence abroad for a total of less than six months each year, residence abroad in connection with military service or one period residence abroad for a maximum of one year in connection with pregnancy, childbirth, a serious illness, a course of study or vocational training shall not be considered as an interruption of continuous residence under the first paragraph.

The right to permanent residence in Iceland shall lapse if continuous residence abroad lasts for more than two years.

In response to an application, and if the stated conditions are met, a confirmation of the right of permanent residence shall be issued.

The Minister of Justice shall set more detailed rules on the conditions for permanent residence in Iceland applying to EEA or EFTA foreign nationals and their family members, and also on exemptions from those rules.

Article 40

Forfeiture of the right of residence.

The right of residence under this Article shall become forfeit if the foreign national has consciously provided false information, in instances of pro forma deeds of the type described in the third paragraph of Article 13 or if residence is for a purpose that is not compatible with the first paragraph of Article 36. This shall also apply in the case of other types of abuse.

The right of residence in Iceland under item a or b of the first paragraph of Article 36 shall not become forfeit due to temporary illness, an accident or because the EEA or EFTA foreign national becomes unemployed against his will after working in Iceland for more than one year. The Minister of Justice shall set more detailed rules regarding restrictions on the forfeiture of the right of residence.

The Directorate of Immigration shall take a decision as to whether the right of residence under the provisions of this Section is to become forfeit.

Article 41

Refusal of entry.

An EEA or EFTA foreign national may be refused the right to enter Iceland on arrival in the country or for up to seven days after arrival if:

A police commissioner shall take the decision on refusal of entry under items a and b of the first paragraph; the Directorate of Immigration shall take decisions under items c and d. It shall be sufficient that the processing of the case begin before the end of the seven-day period.

If the processing of a case under the first paragraph does not begin within seven days, the EEA or EFTA foreign national may be expelled from Iceland by a decision of the Directorate of Immigration in accordance with items b, c and d within three months of his arrival in Iceland.

Article 42

Expulsion.

An EEA or EFTA foreign national, or a member of his family, may be expelled from Iceland if this is necessary in view of public order or public safety.

Expulsion under the first paragraph of this Article may be effected if the foreign national exhibits conduct, or may be considered likely to engage in conduct, that involves a substantial and sufficiently serious threat to the fundamental attitudes of society. If the foreign national has been sentenced to a punishment or special measures have been decided, then an expulsion on these grounds may only be effected if the conduct involved may indicate that the foreign national will again commit a criminal action.

An EEA or EFTA foreign national may also be expelled from Iceland if he does not meet the conditions regarding residence that are laid down in Articles 36-38.

Expulsion shall entail a prohibition on subsequent re-entry into Iceland. The prohibition on re-entry shall normally remain in force for not less than two years. In response to an application, a prohibition on re-entry may be lifted if new circumstances favour taking this course of action. The Minister of Justice shall set more detailed rules regarding prohibitions on re-entry.

The Directorate of Immigration shall take decisions regarding expulsion, and also on authorising foreign nationals who have been expelled to re-enter the country.

Article 43

Restrictions on the authorisation to effect expulsions.

A decision to expel a foreign national shall not be taken if, taking into consideration the circumstances of the case and the connections that the foreign national has with Iceland, this would constitute an unfair measure against him or his closest relatives. When assessing the situation, factors including the length of the foreign national’s residence in Iceland, his state of health, his family and financial circumstances and his connections with his homeland shall be taken into consideration.

An EEA or EFTA foreign national, or his relative, who is permanently resident in Iceland under Article 39 may not be expelled unless such a course of action is demanded by serious circumstances concerning public order or public safety.

If the EEA or EFTA foreign national has resided legally in Iceland for more than ten years, the reasons for expulsion under Article 42 must be cogent. The same shall apply to EEA or EFTA foreign nationals who are not legally competent, unless other arrangements must be considered necessary in view of their interests.

SECTION VII
Refugees and Protection Against Persecution

Article 44

The Term 'Refugee'

A 'refugee' under this Act is a foreigner to whom Article 1 (A) of the Convention relating to the Status of Refugees, of 28 July 1951 (the Refugee Convention), with Protocol dated 31 January 1967, applies.
A decision may be taken not to grant a refugee falling under the terms of sections C-F of Article 1 of the Refugee Convention the protection and rights provided for in this Chapter, in part or in full, except for the provisions on procedure. A refugee falling under the terms of sections C-E of Article 1 of the Refugee Convention shall however enjoy the protection provided for in Article 45.

Article 45

Protection Against Persecution

This Act does not permit the sending of a foreigner to an area where he has reasons to fear persecution capable of giving rise to the legal status of a refugee, or if it is not guaranteed that he will not be transferred to such an area. A foreigner who for reasons similar to those giving rise to the legal status of a refugee is in imminent danger of losing his life or being subjected to inhumane treatment shall be granted similar protection.
An administrative authority handling a matter subject to this Act shall, if it is discovered that the provisions of the first paragraph do not apply to a foreigner, examine on its own accord whether the provisions of Article 12 f, shall be applied.
A foreigner shall not be granted the protection provided for in the first paragraph if he can be assumed to present a danger to state security or if he has been finally sentenced on account of highly serious crimes and, for that reason, presents a danger to society. Nor shall a foreigner to whom Article 1, section F, of the Refugee Convention applies, enjoy this protection.
The protection provided for in the first paragraph relates to any decisions taken in accordance with this Act.

Article 46

Right of Asylum

A refugee in Iceland or arriving in Iceland is, upon application, entitled to asylum. This does not, however, apply to a refugee if:
a. he is exempted from the provisions on protection by Article 44, the second paragraph, or Article 45, the third paragraph;
b. he has been granted asylum in another country;
c. he has arrived in Iceland on his own initiative after having been afforded protection in another country, or after having stayed in a country or territory where he was not subject to persecution and did not have to fear being returned to his home country;
d. another Nordic country may be requested to receive the foreigner by reference to the terms of the Nordic Passport Convention;
e. another state participating in cooperation on the basis of an agreement into which Iceland has entered on points of reference and arrangements for determining which state is to handle an application for asylum submitted in Iceland or in one of the states that are party to the agreement may be requested to receive the foreign national;
f. if he may be refused entry on account of important national interests;

g. The Minister of Justice may set rules on procedure under this Section.
A refugee shall not be sent to another country under the provisions of the first paragraph, subparagraphs (c), (d) or (e), if his connections to Iceland are such as to make asylum in Iceland the most reasonable alternative.
The spouse of a refugee, or a refugee's partner in cohabitation or registered partnership, and the children of a refugee under the age of 18 years without spouses or partners in cohabitation or registered partnership are, in the absence of particular reasons to the contrary, also entitled to asylum.
A passport or other travel document, which an applicant may have in his possession, shall be delivered with his application.
The Minister of Justice may issue rules obliging a foreigner applying for asylum to stay within a certain municipality and in certain premises provided for him there, until a final decision is taken on his application.

Article 47

The Legal Effects of Asylum

The granting of asylum provides a foreigner with the legal status of a refugee, and with a permit to stay. His legal status shall be governed by Icelandic law and the Refugee Convention or other international instruments concerning refugees. The same shall apply to a child of the refugee born after his arrival in Iceland.
Asylum may be revoked if a refugee no longer comes under the definition of refugee, cf. Article 44, or if this otherwise follows from general administrative principles. The Immigration Office shall decide on such revocations.

Article 48

Travel Documents for Refugees and Passports for Foreigners

A refugee who stays or is allowed to stay lawfully in Iceland shall, upon application and provided no reasons are against this, be provided with a travel document for refugees for travel abroad. A refugee who has been issued a travel document in another country shall only be issued such a document if he has been granted asylum or a residence permit in Iceland, or if the issue of a refugee's travel document is obligatory for Iceland under the terms of an international agreement.
A foreigner who has, or obtains, a permit to stay in Iceland following an application for asylum, without asylum having been granted, shall be issued a foreigner's passport for travel abroad in accordance with rules which the Minister of Justice may issue in further detail. The rules thus issued may also provide for the issue of passports to foreigners in other situations.
A passport or other travel document in the possession of an applicant for a foreigner's travel document or a foreigner's passport shall be delivered with the application lodged.
The Minister of Justice may lay down rules on the issue, scope, renewal and revocation of foreigners' travel documents and passports for foreigners, and set conditions for their issue in further detail.

Article 49

Applicability of Foreign Decisions Concerning Refugee Status

A foreigner who has been granted asylum or provided with a travel document for refugees in another country shall be deemed to be a refugee with permanent residence in that country. If such refugee applies for an asylum or a travel document for refugees in Iceland, the earlier decision on his refugee status shall not be challenged, except if the decision is wrong or if this is dictated by some other particular reasons.

Article 50

Administrative Authorities, and Procedure

The Immigration Office shall take the necessary decisions in matters relating to protection against being sent from Iceland, refugee status and asylum, and in matters concerning travel documents and passports for foreigners.
The Immigration Office shall also decide whether a foreigner arriving in Iceland as envisaged in Article 51 shall be granted refugee status.
When handling a case under the first and second paragraphs, the Immigration Office shall, on its own initiative, collect the necessary and available information. Notwithstanding the legal provisions on confidentiality the United Nations High Commissioner for Refugees may be informed of the substantial content of the case file. Such information may also be provided to humanitarian and human rights organisations to the extent this is necessary for collection of information.

Article 51

Groups of Refugees

The Immigration Office may permit groups of refugees to enter to Iceland as may be decided by Government authorities having received the proposals of the Refugee Council of Iceland. This shall also apply to groups of foreigners who do not have refugee status.
The provisions of Chapters IV and V of the Act on Administrative Procedures concerning right of protest, reasoning, etc, and the relevant provisions of Chapter V of this Act, shall not apply to decisions taken under the first paragraph. Appeal against a decision can only be lodged by a person to whom the decision directly relates.
A foreigner who is permitted to enter Iceland as provided for in the first paragraph shall be issued a permit to stay in Iceland for three years, which shall not be subject to restrictions.. When a final decision has been taken to the effect that a foreigner shall have the legal status of a refugee, cf. Article 50, the second paragraph, he shall be entitled to asylum and to a travel document issued to refugees, cf. Articles 46-48.

SECTION VIII
Miscellaneous Provisions

Article 52

Special Provisions Relating to State Security, etc.

A person may be denied entry to Iceland, denied the issue of a permit to stay or a residence permit, or limitations or conditions imposed thereto, if this is deemed necessary with a view to Icelandic foreign policy, state security, or urgent national interests. A decision may, for the same reasons, be implemented earlier than provided for in Articles 31 and 32. The Immigration Office shall take any decisions as envisaged in this paragraph.
The Minister of Justice may, if this is considered necessary with a view to state security, provide for a duty to report at a certain place in further detail than laid down in Article 17 or in rules issued in accordance with Article 54.

Article 53

The Duty of Foreigners to Provide Information, and to Report at a Certain Place

Any foreigner shall, when requested by police, show his identity documents and provide information, if necessary, in order that his identity and the lawfulness of his stay in Iceland may be ascertained.
The Minister of Justice may decide that foreigners, except Danish, Finnish, Norwegian and Swedish nationals, shall carry passports or other personal identity documents at all times while staying in Iceland. The Minister may exempt other foreigners from this duty.
When procedure in accordance with this Act is in preparation, a foreigner to whom the matter relates may be ordered to appear in person and to provide information that may be of importance for its resolution.

Article 54

The Duty of Others to Report

The Minister of Justice may issue rules providing:
a. that persons providing lodging of any kind or operating camping sites and similar facilities shall keep a registry of persons staying there and report this to police, and, if considered necessary with a view to security or special preparations, that others shall also provide the Immigration Office with information on foreigners staying in their premises;
b. that the person in charge of an aircraft arriving to or leaving Iceland shall provide the police with a list of passengers and crew;
c. that the captain of a ship crossing the limits of Icelandic territorial waters bound for an Icelandic harbour or leaving an Icelandic harbour shall provide police with a list of passengers and crew;
d. that a person engaging a foreigner to provide services or as a wage earner shall report this to the Immigration Office before the provision of the service or work commences;
e. that employment reference services shall notify the Immigration Office of any foreigners seeking or receiving employment;
f. that the National Registry shall notify the Immigration Office of any foreigners registered in Iceland or removed from the Registry;
g. that educational institutions shall, upon request, provide the Immigration Office with lists of foreign students;
h. that administrative authorities shall, upon request, inform the Immigration Office or police of the name and residence of a foreigner for the purposes of procedure according to this Act, notwithstanding the provisions on confidentiality in the Municipal Social Services Act and the Act on Protection of Children.
The Minister of Justice may issue rules in further detail on the information to be contained in lists to be provided in accordance with the first paragraph above.
Persons on whom notifications or reports shall be made have the duty of providing the information necessary for this end.

Article 55

Processing of Personal Information

The Directorate of Immigration and the police may process personal data, including data that may be regarded as sensitive, to the extent that such processing is considered necessary for the application of this Act. To the extent necessary to ensure that foreign nationals live and work legally in Iceland, data held by the Directorate of Immigration, the Directorate of Labour, the police, the tax authorities and the National Registry may be linked. Such linking shall be carried out without data from individual institutions being sent to another of the above institutions to a greater extent than is necessary for pre-defined matters to be examined. In other respects, the handling of personal data shall be subject to the Personal Data Act.
The Minister of Justice, having obtained the opinion of the Data Protection Authority, shall issue rules specifying what data files shall be maintained by the Immigration Office and by police.

Article 56

Liability for Costs

A foreigner deported from Iceland under this Act shall pay the costs of his departure. The foreigner shall also pay the costs of detention when this is necessary on account of his failure to leave Iceland of his own accord. The claim for this cost may be collected by distraint, and may also provide grounds for denial of entry under Article 18, the first paragraph, subparagraph (h), on later arrival in Iceland. Police may seize travel tickets to be used for departure, that may be found in a foreigner's possession. The same shall apply to monies for the payment of claims in connection with the costs of his departure and custody under this provision.

If a foreigner who has come to Iceland by ship or aircraft is denied entry under the provisions of Articles 18 or 42, the owner or lessee of the craft, and the captain or agent in Iceland on the owner's or lessee's behalf, shall either receive the foreigner again on board or otherwise transport him from Iceland, or refund the expenses paid by the authorities for the foreigner's transport from Iceland. They shall likewise be obliged to receive on board persons to escort the foreigner, and pay the costs ensuing from escorting the foreigner to a foreign country, if police consider this necessary.
Any costs of transporting a foreigner from Iceland not paid in accordance with the first or second paragraphs above shall be paid by the State Treasury.
The provisions of the second paragraph above shall apply to liability for costs if a foreigner for whom police permission is necessary as provided for in Article 7 enters Iceland without such permission. The same principle shall generally apply as regards any expenses defrayed by public authorities as a result of the foreigner's stay in Iceland for up to three months.
Liability as provided for in the second and fourth paragraphs shall not apply to arrival across the inner borders of the Schengen Area.

Article 57

Penal Provisions

Fines or imprisonment for up to six months shall be ordered if a person:
a. intentionally or negligently violates the provisions of this Act, or any rules, prohibition, order or condition laid down in accordance with this Act, or
b. provides, intentionally or as a result of gross negligence, information for procedure under this Act that is in significant points incorrect or obviously misleading.
Fines or imprisonment for up to two years shall be ordered if a person:
a. intentionally or as a result of gross negligence makes use of the working ability of a foreigner who has not obtained a permit required by law, or
b. intentionally or as a result of gross negligence acts as an intermediary for employment or housing for a foreigner or improperly exploits a foreigner's personal situation by publishing or disseminating any declarations, pronouncements or documents intended for procedure under this Act, or
c. intentionally entices a foreigner to Iceland for the purpose of settling down in Iceland by giving rise to, strengthening or making use of a wrong or unclear idea, or in any other improper manner, or
d. provides another person with a passport, a travel document for refugee, any other travel document or any similar document that may be used as a travel document, which the person so doing knows or should know may be used by a foreigner for entering Iceland or some other country, or
e. on purpose or through gross negligence assists a foreign national to reside illegally in Iceland or in another state, or
f. on purpose or through gross negligence assists a foreign national to enter Iceland or another state illegally, or

g. intentionally or through gross negligence obtains, or attempts to obtain, a temporary residence permit on the basis of marriage (cf. the third paragraph of Article 13), or

h. is in possession of a forged passport, forged identification documents or a forged visa.

Involvement in organized activities to assist foreign nationals to enter Iceland or another state illegally shall be punishable by fines or up to six years’ imprisonment, irrespective of whether or not the activities are carried out for profit.

Fines or imprisonment for up to six years shall be ordered if a person, for purposes of financial gain, operates an organisation for providing assistance to foreigners in entering Iceland or any other country illegally.
If a foreigner is carried to Iceland without an adequate travel document, and the captain of the ship or aircraft has failed to ascertain that the foreigner is in possession of a valid travel document, cf. Article 4, the third paragraph, the captain of the craft may be fined.
When an offence is committed in the course of the operations of a legal person, the legal person may be fined as provided for in Chapter II A of the General Penal Code.
Attempted violation of the provisions of this Act is punishable and accomplices are criminally liable as provided for in Chapter III of the General Penal Code.

SECTION IX
Administrative Regulations, and Entry into Force

Article 58

Administrative Regulations

The Minister of Justice may, by administrative regulations, provide for the implementation of this Act in further detail.

Article 59

Entry into Force

This Act shall enter into force 1 January 2003.

[Interim provisions.
I. Item a of the first paragraph of Article 36 of this Act shall not apply to citizens of Estonia, Latvia, Lithuania, Poland, Solvakia, Slovenia, the Czech Republic and Hungary until 1 May 2006. Up to that time, the first paragraph of Article 35 of this Act, regarding the right of EEA foreign nationals to reside in Iceland without a special permit for up to six months if they are looking for employment, and the fourth paragraph of Article 35 of this Act, regarding the right of EEA foreign nationals to apply for residence permits after arriving in Iceland shall not apply to workers from these states.]¹⁾

[II. Item a of the first paragraph of Article 36 of this Act shall not enter into force regarding citizens of Bulgaria and Romania until [1 January 2012].¹⁾ Furthermore, the first paragraph of Article 35 of this Act, regarding the right of EEA or EFTA foreign nationals to live in Iceland for six months without a special permit if they are looking for employment ... ¹⁾ shall not apply to citizens of Bulgaria and Romania until [1 January 2012].^1)]2)

 Act on Foreigners no. 96 of May 15th, 2002 (pdf-file)