Residence permit on grounds of subsidiary protection

If you receive subsidiary protection in Iceland, you will receive a residence permit valid for two years.

Subsidiary protection is granted to those who are at risk of being subjected to the death penalty, torture or other inhumane or degrading treatment or punishment, or may be subject to serious injury due to random violence resulting from armed conflict, should they be returned to their home country.

A residence permit based on subsidiary protection comes with the following rights.

Right to work

You can work in Iceland without a work permit.

Right to a travel document for refugees

You have the right to apply for a travel document for refugees for travel abroad.

Right to permit renewal

You must apply for a residence permit renewal before your permit expires.

A residence permit on grounds of subsidiary protection may only be renewed if the conditions for subsidiary protection are still fulfilled. This means that upon processing an application for renewal, the Directorate of Immigration must make a new assessment of the general situation in your home country and assess whether you still qualify for subsidiary protection.

If the requirements for subsidiary protection are still fulfilled, your permit will be renewed. If the Directorate of Immigration considers that the requirements are no longer fulfilled, you will be invited to an interview where you will receive information about your options for applying for a residence permit on another basis. If you meet the conditions of the permit you apply for, you will be authorized to stay in Iceland. If you do not apply for another residence permit, or do not meet the conditions of the permit you apply for, you will be invited to an interview concerning the possible withdrawal of your protection.

The revocation of your subsidiary protection will affect the rights of your family members to stay in Iceland, if they have a residence permit based on family reunification with you.

You can appeal a decision to revoke your subsidiary protection to the Immigration and Asylum Appeals Board.

Right to family reunification

A residence permit on grounds of subsidiary protection does not grant the right to family reunification until after it has been renewed once.

An exception to this condition may be granted:

• If compelling reasons of fairness recommend this, due to urgent care considerations.

• If you have held a residence permit for one year, have been actively participating in the labour market for eight months, meet the requirements for secure means of support, meet the requirement for Icelandic language knowledge and have available housing for the family members who intend to come here.

Different rules apply to family reunification with family members depending on whether family ties existed before you were granted subsidiary protection in Iceland or were created after you were granted subsidiary protection.

Family ties before granting

A renewed residence permit on grounds of subsidiary protection grants the right to family reunification with:

• A spouse, who you married or cohabited with before you were granted subsidiary protection in Iceland.

• Your children younger than 18 years old, who were born before you were granted subsidiary protection in Iceland.

• Your parents, if they are 67 years or older.

Family ties after granting

A renewed residence permit on grounds of subsidiary protection grants the right to family reunification with:

• A spouse, who you married or started cohabiting with after you were granted subsidiary protection in Iceland.

  • A general requirement for such a permit is that you have already worked or studied in Iceland for four years.

• Your children younger than 18 years old, who were born after you were granted protection in Iceland.

Right to permanent residence permit

You can apply for a permanent residence permit after you have held a residence permit on grounds of international protection for four years.

You have to meet various requirements to get a permanent permit, including Icelandic language knowledge.

Another requirement is that you have not resided abroad for more than 90 days in total each year during the period of validity of the residence permit, counting from the date of issuance of the permit.

Law

International protection is granted on the basis of Article 37(2) and Article 40(1) of the Foreign Nationals Act.

A residence permit on grounds of international protection is granted on the basis of Article 73 of the Foreign Nationals Act.