Residence permits for parents of a child under the age of 18

Foreign nationals from a country outside of the EEA and/or EFTA, who plan to stay in Iceland for more than three (3) months, must have a valid residence permit.

Provided certain requirements are met, the custodian parent of a child who is under the age of 18 and who resides in Iceland may be granted a residence permit in Iceland. The requirements for granting a permit depend on whether the applicant intends to reside with the child or not:

1.  If the applicant intends to reside with his/her child, a residence permit may be granted if

• the applicant has or shares custody of the child, and
• the child is an Icelandic citizen, and
• the applicant is not married or in cohabitation with the child’s other parent, and
• this being necessary in order for the child being able to reside in Iceland.

2.  If  the applicant does not intend to reside with his/her child, a residence permit may be granted if

• the applicant has or shares custody of the child, and
• the child is an Icelandic citizen or has a residence permit in Iceland, and
• the applicant was in lawful stay in Iceland when the application was submitted, and
• the applicant has had a residence permit in Iceland which cannot be renewed on the same grounds , and
• the applicant has visitation rights with the child according to a confirmed agreement thereon and it is clear that visitation takes place according to the agreement, and
• it is necessary to maintain the applicant’s visitation with the child.
  
  
  

Residence permits for the parents of a child under the age of 18 are granted on grounds of  third paragraph of Art. 72 of the Act on Foreigners no. 80/2016.

You might have the right to a residence permit based on work if all of the following requirements are met, as well as others

• You have a child younger than 18 years that lives in Iceland.

• have custody of the child and confirmed visitation rights

• Can prove that you are able to provide for yourself during your stay.
• you have a valid insurance with an Icelandic insurance company (in the field Insurance Companies) or a foreign insurance company authorized to operate in Iceland (in the field Foreign Insurance Companies),
• Have not served a criminal sentence abroad during he last five (5) years or been sentenced by a court of law for an offence which would be punishable by more than three (3) months imprisonment, according to Icelandic law, and
• have a passport valid at least 90 days beyond the estimated period of residence permit.
• A consent exists by a family member in Iceland for issuance of a permit.
  
  
  

You may not

• be married or cohabiting with the other parent of the child,

• Begin working until a work permit has been granted.
• Work for another employer than the one on of which the work permit is granted.
• Stay in another country longer than three (3) months in every 12-month period of the residence permit period; otherwise the residence permit may be cancelled or revoked.
  
  
  

An application for a residence and work permit and supporting documents shall be submitted to the Directorate of Immigration or at the offices of the district commissioners outside of the Reykjavík Metropolitan Area.

An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the 180 day period. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. Such an application will be refused.

If an applicant does not fulfill 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.

If an applicant does not fulfill these requirements and the requirements discussed below the application for a residence permit will be denied 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 to the Schengen Area for a specific period of time or for two (2) years as a minimum.

The applicant is responsible for applying for renewal of his/her residence permit at least four (4) weeks before the validity of the permit expires. If this is done the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of a residence permit is not applied for before the period of validity expires the application will be handled as if this were a first permit, not renewal. An application received after the period of validity of the previous permit has expired will be denied if the applicant does not have a permission to stay in Iceland while the application is being processed.

See further the application process and permission to stay.

Further information on a residence permit for the parent of a child under the age of 18

Residence permit for the parent of an Icelandic child intending to reside with the child in Iceland

Residence permit for the parent of an Icelandic or foreign child not intending to reside with the child in Iceland

Rights attached to the residence permit

Application for first permit

Renewal

Further information on a residence permit for the parent of a child under the age of 18

An applicant for a residence permit for a parent of a child under the age of 18 must fulfill all the basic requirements of a residence permit, cf. Art. 55, para 1, of the Act on Foreigners, and the basic requirements of family reunification, cf. the Act’s Art. 69.

The requirement is always that the parent has custody of the child; either full or joint custody with the child’s other parent.

Residence permit for the parent of an Icelandic child intending to reside with the child in Iceland

If a parent intends to reside with his/her child in Iceland the child must be an Icelandic citizen. This means that if the child is a foreign citizen the request for a residence permit will be denied. The child must furthermore reside in Iceland.

A parent and a child residing together means that the parties must have the same domicile or place of stay, and must provably live together. The applicant may not be married or cohabiting with the child’s other parent, as in such instance a residence permit must be applied for on grounds of marriage or cohabitation.

A residence permit for a parent must be necessary in order for the child being able to continue residing in Iceland. The residence permit is intended to ensure that an Icelandic child does not have to move abroad even though the Icelandic parent is unable to care for the child, either temporarily or permanently. An example of this is when the Icelandic parent is seriously ill or deceased.

The residence permit first and foremost applies in instances when a child’s parent does not and has never resided in Iceland. A residence permit does not apply when the stay of an applicant in Iceland is not necessary in order for the child being able to continue residing in Iceland. If a child is in the custody of an Icelandic parent and resides with said parent under normal circumstances, this residence permit cannot be considered.

Residence permit for the parent of an Icelandic or foreign child not intending to reside with the child in Iceland

If a parent does not intend to reside with the child in Iceland, the child may be an Icelandic citizen or a foreign child holding a residence permit in Iceland.

The parent must have been in a lawful stay when submitting an application for a residence permit. If the applicant is in unlawful stay the residence permit will be denied. There is furthermore a requirement that the applicant has held a residence permit on grounds that will not be renewed for some reason. This may apply if the applicant has had a residence permit on grounds of marriage or cohabitation, and is divorced or the cohabitation has been terminated.

The applicant must have visitation rights with the child and it must be confirmed that visitation takes place according to an agreement thereon. In the absence of a confirmed agreement on visitation, a residence permit will not be granted. The same applies if it is clear that visitation does not take place according to an agreement. In some instances an applicant my find it difficult to obtain a confirmation of visitation taking place according to an agreement, for example, if the interaction with the other parent is not good. In such instances the applicant is advised to contact the Directorate of Immigration to obtain further guidelines regarding this requirement.

Issuance of a residence permit to a parent must be necessary in order to maintain visitation with the child. If visitation with a child is provably very limited a residence permit may not be necessary in order to maintain visitation, for example, if the visitation only takes place a few times a year. In such an instance visitation may be carried out during visits on grounds of a visa or non-visa requirement.

Rights attached to the residence permit are as follows

• An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the stay in the Schengen Area does not exceed 90 days in the past 180 day period. If the stay exceeds this period, processing of the application will be stopped until the applicant has left Iceland and has presented a departure boarding card to prove it. An applicant who needs a visa may not stay in Iceland when applying for the permit and while it is being processed. An application by an applicant who does not have the aforementioned permit to stay will be refused.
• Other applicants must apply for a work permit if they intend to work in Iceland and may not begin working until a residence and work permit has been granted.
• A residence permit may be granted for up to one (1) year at a time, however, never longer than two years. The permit may never be valid longer than the permit of the person on which the applicant bases his/her right
• A residence permit may be renewed for two (2) years as a maximum, provided the requirements for the permit are still met, however, the permit may never be valid longer than the permit of the person on which the applicant bases his/her right
• The residence permit does not contain a right to family reunification.
• The residence permit may be a basis of a permanent residence permit.
• An individual who has had continued and lawful residence in Iceland over the last seven (7) years before submission of an application may have the right to an Icelandic citizenship provided other requirements are met.
  
  
  

Application for first permit

An applicant who does not need a visa may stay in Iceland when submitting an application and while it is being processed, provided the unbroken stay in the Schengen Area does not exceed 90 days. An applicant who needs a visa may also stay in Iceland when applying for the permit and while it is being processed, provided his/her visa is valid. If the stay exceeds this period processing the application will be stopped until the applicant has left Iceland and has presented a departure boarding card to prove it. An application by an applicant who does not have the aforementioned permit to stay will be denied.

The applicant is responsible for submitting the necessary accompanying documents with his/her application. If satisfactory documents with the application are not received by the Directorate of Immigration, this may result in delays in processing the application or in the application being denied. The Directorate of Immigration may request additional information when special circumstances recommend it.

Documents to be submitted

1. Payment receipt (if the application has been paid for at a bank). The name of the person for whom payment is being made must be clearly stated. List the name of the applicant, his/her date of birth as a reference.
2. Application for a residence permit. (Please download and save on 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 residence in Iceland. If the address is not stated when the application is made the applicant must notify his/her place of residence within two (2) weeks from the applicant’s date of arrival in Iceland (for example when being photographed).
3. Passport photo (35 mm x 45 mm).
4. Photocopy of passport. The period of validity must be at least 90 days beyond the period of validity of the residence permit. This must include photocopies of the passport’s personal information page and the page containing the applicant’s signature.
5. A copy of criminal record certificate issued by country of residence. A criminal record must not be older than 12 months when submitted and must be issued by the highest authority competent to issue such certificates in the respective country.
6. Translation by an authorized translator of the criminal record certificate. Applies only if the foreign certificate is in another language than English or a Nordic languages. Note that the translation must be authenticated if the translator is not an authorized translator in Iceland.
7. Health Insurance. The applicant shall submit a certificate of insurance from an Icelandic insurance company (see insurance companies) or a foreign insurance company authorized to operate in Iceland (see foreign insurance companies). The insurance shall be valid for six (6) months from the date of the applicant being registered in Registers Iceland and the coverage shall be at least IKR 2000,000. 
8. Support. The student must show sufficient financial support during his stay, see here.
9. Confirmed copies of the following certificates (and translated versions if applicable).

• Certification is required of the certificates as stated below, i.e. apostille or double stamping. Other certifications may apply.
• The copies must be stamped by a competent public authority. A criminal record certificate must be submitted in original format.
• Translations by an authorized translator of certificates that are in other languages than Icelandic or another Nordic language must be submitted. Certified versions of translations prepared by a translator who is not an authorized translator in Iceland must be presented, i.e. apostille or double stamping.

a. Custody documents (and translations if applicable). Only custodian parents may apply for a residence permit. The following documents may illustrate who has custody of a child:

• Custody documents issued by a competent public authority, for example, district commissioners or the courts. The requirement is that the documents are not older than six (6) months. If more than one person has custody of a child, copies of a certified statement by the parent not living in Iceland must be submitted, stating that the said parent consents to the child being granted a residence permit in Iceland.
• Divorce papers. If the parents of a child are divorced and if the divorce papers state who has custody of the child, such documents are deemed as sufficient confirmation of custody.
• Death certificate. If one custodian of a child is deceased and the surviving custodian has sole custody a confirmed copy of the death certificate is deemed as sufficient confirmation of custody.

b. Birth certificate of a child in Iceland. Only applies if the certificate was not submitted to the Directorate of Immigration in connection with a residence permit or citizenship of a child.

If you intend to live with the child the following documents must be submitted:

• 1 The statement must state why granting a residence permit is necessary in order for the child being able to continue to live in Iceland.
• 2 Documents supporting the statement. The documents must illustrate why granting a residence permit to a custodian parent is necessary in order for the child being able to continue living in Iceland. If the Icelandic parent is seriously ill and unable to care for the child a medical certificate must be submitted in support of the statement. Also, a confirmation may have to be submitted, issued by the competent authorities in Iceland, for example, the Child Protection Service or the district commissioner regarding the situation of the child.

If you do not intend to live with the child the following documents must also be submitted:

• 1 Confirmed agreement from the district commissioner regarding visitation with the child.
• 2 Confirmed statement by the other custodian parent regarding visitation. The applicant must illustrate that visitation takes place according to a visitation agreement. If it proves difficult for the applicant to obtain such information he/she shall contact the Directorate of Immigration.
  
  
  

Further documentation that may be submitted

1. Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.
2. Application for work permit on grounds of special circumstances and employment contract, In original format, signed both by the applicant and the employer, and confirmed by the relevant trade union.

The applicant is responsible for submitting the necessary supporting documents with his/her application. If satisfactory documents with the application are not received by the Directorate of Immigration, this may result in delays in processing the application or in the application being denied. The Directorate of Immigration may request additional information when special circumstances recommend it.

If the applicant meets all requirements of a residence permit, the residence permit will be granted and the applicant will be sent a notification of the granting of the permit. The residence permit will not be issued, however, until the applicant has come to be photographed at the offices of the Directorate of Immigration or at offices of district commissioners outside of the Reykjavík Metropolitan Area, reported his place of residence to the Directorate and undergone medicalmedical examination (in icelandic only). The applicant should come to be photographed within one (1) week from his/her arrival in Iceland and must report his/her place of residence (for example, when photographed). Please note that the applicant must present a valid passport when photographed for identification.. Furthermore, the applicant must undergo medical examination within two (2) weeks from arrival in Iceland. The Directorate of Immigration will not issue a residence permit if the applicant does not meet the requirements stated above. This could lead to illegal stay and expulsion.

Renewal

A residence permit for a custodian parent of a child under the age of 18 may be renewed if the requirements for a permit are still met. Please note that a custodian parent may not renew his/her residence permit on grounds of family reunification for parents if the child has reached the age of 18.

A residence permit may be renewed if the requirements of the permit are met. A renewal of a residence permit must be applied for at least four (4) weeks before the permit’s period of validity expires. If this is done the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of the residence permit is not applied for before the period of validity expires, the application will be processed as if this were an application for a first permit, not a renewal. An application that is received after the period of validity of the older permit has expired will be refused if the applicant does not have permission to stay in Iceland while the application is being processed.

Documents to be submitted

1. Payment receipt (if the application has been paid for at a bank). The name of the person for whom payment is being made must be clearly stated. List the name of the applicant, his/her date of birth as a reference.
2. Application for a residence permit. (Please download and save on computer before filling out). In original format, carefully filled out and signed by the applicant.
3. Photocopy of the passport. The period of validity must be at least 90 days in excess of the period of validity of the residence permit. This must include photocopies of the passport’s personal information page and the page containing the applicant’s signature.
4. Documents on support, confirming secure means of sufficient financial support during the period of stay. If an applicant is unable to demonstrate independent means of support, the applicant’s child may submit data showing secure means of support for the applicant.

Additional supporting documents with application if a parent intends to reside with his/her child in Iceland

1. Report. This report must state why granting a residence permit is necessary in order for the child being able to continue living in Iceland.
2. Documents supporting the report. The documents must illustrate why it is necessary to grant a residence permit to a custodian parent in order for a child being able to continue living in Iceland. If the Icelandic parent is seriously ill and unable to care for the child, a medical certificate supporting the report must be submitted. A confirmation of a child’s situation must also be submitted, issued by the competent authorities in Iceland, for example, the child protection authorities or a district commissioner’s office.
   
   
   

Additional supporting documents with application if a parent does not intends to reside with his/her child in Iceland

• Confirmed statement by the other custodian parent of a child regarding visitation. The applicant must prove that visitation takes place according to a visitation agreement. An applicant who finds it difficult to obtain such a statement must contact the Directorate of Immigration.
  
  
  

Further documentation that may be submitted

1. Power of Attorney signed by two (2) witnesses. The Power of Attorney does not have to be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate of Immigration.
2. Application for work permit on grounds of special circumstances and employment contract, if the applicant is neither a spouse nor a cohabiting partner of an Icelandic citizen, and intends to work in Iceland. An application for a work permit and an employment contract must be submitted in original format and signed by both the applicant and the employer.
   
   

The applicant is responsible for applying for renewal of his/her residence permit at least four (4) weeks before the validity of the permit expires. If this is done, the applicant is permitted to stay in Iceland while the application for renewal is being processed by the Directorate of Immigration. If a renewal of a residence permit is not applied for before the period of validity expires, the application will be handled as if this were a first permit, not renewal. An application received after the previous permit has expired will be refused if the applicant does not have a permit to stay in Iceland while the application is being processed.