Foreigners need not apply in Iceland

Ed Weinman:

But this spring, Iceland followed the lead of so many other European countries by passing a new law restricting immigration. Because of the legislation, foreigners seeking to immigrate to Iceland now have higher hurdles to jump, and there are many more of them.

There are numerous aspects to the new immigration law, but the primary focus is on two areas of concern: fraudulent marriages -- both fake and forced marriages -- and bogus residence permits. A fake marriage is one conducted for the sole purpose of a residence permit while a forced marriage is when a woman is sold or “forced” into marriage with an Icelander.

To safeguard against these types of marriages, the new law stipulates that a foreigner aged 18-24 is not able to obtain a residence permit based on marriage to an Icelander. (Why these ages were singled out cannot be easily explained by anyone associated with the bill.) In addition, the burden to prove whether a marriage is legitimate is placed on the couple rather than the State. Finally, the police, with a warrant, may search a couple’s house if the police feel that couple is engaged in a false marriage. (These laws only apply to “foreigners” from non-EEA nations.)

While Iceland’s a pretty hip place for a writer like myself to live, are there really scores of immigrants knocking on the door trying to get in by falsifying marriages?_ Are women really being sold into marriages with Icelandic men?

Icelandic authorities are aware of a considerable number of cases where…the purpose of the marriage was solely to obtain a residence permit for a family member,” Björn Bjarnason, Minister of Justice from the right-wing ruling Independence Party, who proposed the immigration legislation, writes in an e-mail.

The “considerable number” refers to two cases in particular that have been under investigation by the police. While two cases doesn’t seem like all that many, according to reports one case reaches 26 family relations, all from 18 couples arriving from the same country at the same time.

Not surprisingly in this post-9/11 world, numerous MPs on both sides of the aisle agree that there is a need to tighten immigration laws. However, there was strong opposition to the law, and it squeaked through Iceland’s parliament with 31 MPs in favor, and 24 opposed. Eight MPs didn’t vote.

“We do not have the same concerns [as Denmark] to justify this harsh law,” writes Ágúst Ólafur Ágústsson, MP from the opposition Alliance Party (the Social Democrats), in an e-mail. Mr. Ágústsson, who was his party’s committee head opposing the bill, refers to the fact that Iceland’s new immigration law closely mirrors the controversial Danish law, passed two years ago. He suggests that like many Danes, Icelanders will also become entangled in the confusing web of these new immigration policies.

“The law also limits the rights of Icelanders and their spouses and families,” Ágústsson adds.

That normal every day Icelanders might be restricted by their country’s immigration policy is an obvious concern because the law is written very broadly.

Let’s say you’re an Icelandic exchange student studying in New York City. One day at a café you meet the love of your life, a 20-year-old Venezuelan woman. Bang. It’s love at first sight. Sure, you speak no Spanish and she speaks no Icelandic. But, all you need is love, not to mention the fact that you both speak English. That spring you graduate and decide to get married. You’ll move to Iceland. You can work at a bank. She’ll get a job until the two of you decide to have kids. Not so fast. She’s under 24. The powers that be say your bride won’t be able to get a permit based on marriage. You’ll have to wait until she grows older.

Kolbrún Halldórsdóttir, MP from the Left Green Party, suggests that Iceland needed a stronger immigration policy, but she feels this current law goes too far.

“You must make sure not to violate the rights of people who are not doing anything illegal, because then you are closing the frontiers – closing the country.”

Pity the United States can't come up with a few "harsh" laws of our own to deal with the problem of illegal immigration.