Iceland review - 2004, Side 41

ICELAND REVIEW 39
“Icelandic authorities are aware of a
considerable number of cases where...the
purpose of the marriage was solely to obta-
in 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 in-
vestigation by the police. While two cases
doesn’t seem like all that many, according
to reports one case reaches 26 family rela-
tions, all from 18 couples arriving from the
same country at the same time.
Not surprisingly in this post-9/11 world, nu-
merous 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 Den-
mark] 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 a 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 stu-
dent 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 per-
mit 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 anyt-
hing illegal, because then you are closing
the frontiers - closing the country.“
Gimme Some of that DNA
Of all the amendments in the immigration
law, the most troubling is the prospect of
DNA testing for those seeking a residence
permit based on family relations.
A “foreigner“ can receive a residence per-
mit because he or she has family living in
Iceland. However, to put a stop to fraud, the
new immigration law stipulates that the
Immigration Office can ask a “foreigner“
seeking such a permit to submit to a DNA
test in order to prove the family relationship
exists. Despite the concerns raised by various
human rights organizations over DNA test-
ing, the Minister of Justice says that the tests
are beneficial to foreigners seeking res-
idence in Iceland.
“A foreigner is not obliged to undergo such
test against his will and he can always refu-
se,“ writes Bjarnason. “On the other hand,
DNA testing can be favourable for the app-
licant, who has the right to present such evi-
dence when he has no documents from his
home country.“
This proposition is nonsense, says Ágústsson.
“Obviously the party involved has the right to
deny giving a biological sample but this will
obviously have an affect on their application.“
Aside from the privacy issues involved with
DNA testing, one must consider the way this
DNA policy looks to the outside world.
“This bill makes it look like Iceland is against
foreigners,“ says Halldorsdóttir. “We are a
small nation, so the foreigners willing to
come and live in our country and put up
with the darkness and bad weather enrich
our lives.“
In addition to calling for DNA testing, the
immigration law, in order to cut down on
immigrants bringing their entire family over
to Iceland, now states that “foreigners“
under the age of 66 can no longer apply for
a residence permit based on family ties.
“This is egregious,“ says American Hope
Knútsson, chairman of the multicultural
council, an organization that helps to prot-
ect the human rights of foreigners.
“The law breaks up families and affects the
human rights of these Icelandic children who
are products of these marriages,“ says Knúts-
son, who has lived in Iceland for 30 years.
To point out the absurdity of this amend-
ment, Knútsson notes that if one grand-
parent is 67, but the other is, say, 60, only
one grandparent would be able to move to
Iceland.
Protest Nation
Restricting permits based on marriage or
family ties by setting age limits directly af-
IR_Immigration 14.6.2004 21:34 Page 39