From Iceland — Denied Residence Permit Because of her Husband

Denied Residence Permit Because of her Husband

Published September 9, 2010

A woman from Brazil who has lived in Iceland for two years now has been denied a residence permit, because her husband has a criminal record.
According to Vísir, despite the fact that the woman has lived in Iceland for more than two years, she was denied a residence permit on the grounds that her husband committed a crime nearly six years ago. She then appealed to the Ministry of Justice, who confirmed the decision of the Office of Immigration. This left her with little choice but to take the Icelandic government to court, or face deportation.
“I feel like a criminal,” she told the newspaper DV. “I can’t leave and I can’t work. If I go home to visit my family, I might not be able to come back here.”
Article 13 of the Act on Foreigners explicitly states: “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.”
As the woman’s husband’s crime was committed nearly six years ago, she may very well have a case.

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