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.
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.
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.
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.
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).
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 cannot be the basis of a permanent residence permit.
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).
Statement and documents confirming that the applicant needs a residence permit on grounds of legitimate and special purpose.
Documents on support, confirming secure means of sufficient financial support during the period of stay.
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.
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.
Renewing a residence permit on grounds of legitimate and special purpose is permissible in exceptional instances if the permit’s requirements are still met.
Statement and documents confirming that the purpose of stay is unchanged.