Humanitarian Residence Permit after Protection Assessment

The residence permit is granted on the basis of Article74 of the Foreign Nationals Act

If the applicant does not qualify for international protection, the Directorate will assess whether they are eligible for a residence permit on humanitarian grounds.

A residence permit on humanitarian grounds is granted to applicants for international protection, who do not meet the conditions for international protection or subsidiary protection, if they can demonstrate a strong need for protection, for example for health reasons or because of difficult social circumstances or due to difficult general conditions in their home country or in a country to which the person would be deported to.

A humanitarian permit is also granted to applicants for international protection, if they have not received a decision on their case at the administrative level within 18 months of applying, or 16 months in the case of a child. The conditions for granting a residence permit in those cases are that: a statement about international protection has been taken from the applicant, there is no doubt about the identity of the applicant, nothing is known that could result in the expulsion of the applicant, and the foreign national has supplied information and assistance to resolve the case.

Only applications examined under this procedure are assessed to determine whether the applicant qualifies for refugee status, subsidiary protection, or a residence permit on humanitarian grounds.

Anyone who wants to apply for international protection in Iceland must be present in Iceland, either at the country's border or within it. The application must be submitted in person. It does not need to be in a specific format, and it is sufficient for the applicant to state their request verbally.

A humanitarian permit can be granted for up to one year.

The residence permit entails the right to work in Iceland without a work permit.

A residence permit on humanitarian grounds does not grant the right to family reunification until after it has been renewed twice.

Holders of a a residence permit on humanitarian grounds, granted following the substantive processing of an application for protection, may apply for a passport for foreign nationals for traveling abroad.

The permit can be a basis for a permanent residence permit

If Iceland is responsible for examining the application, the Directorate of Immigration will examine the application on its merits in Iceland.

If the applicant does not meet the requirements for either international protection or a residence permit on humanitarian grounds, the application will be refused. The decision may be appealed to the Immigration and Asylum Appeals Board.