Doing Wrong, Doing Right
First off, yet another example of the need for reform in Iceland's immigration law has come to light. Six foreign women, all of whom were victims of domestic violence, now face deportation - and one, to my knowledge, has already been deported. Their crime? Leaving their husbands, and being from a country of origin that's outside the European Economic Area (EEA). You see, according to Article 5a of the Icelandic Nationality Act, a foreigner who marries an Icelander must stay married for at least three years in order to retain the rights that are earned through said marriage (in the case of legal co-habitation, it's five years). For those outside the EEA, these rights include the right to stay in Iceland. Divorce within three years - or split the co-habitation within five - and you'll have to leave the country and start from scratch.
This article is designed to prevent foreigners from marrying Icelanders for the purpose of getting on the fast-track to citizenship. In reality, it ensures that in the case of an abusive marriage, a foreign woman can be held in a state of subjugation and submission; the threat of deportation over her head for years, the law keeping in her in place like a whip.
The damage done is two-fold: not only does a foreigner whose only crime is leaving a bad situation and being born in the wrong country have to pack and leave, but if domestic violence was a part of the picture, her abuser will never see his day in court. How can he, when the victim isn't even in the country? The abuser remains free to subject another woman to abuse, whether she's a foreigner or an Icelander.
All laws, including immigration laws, are supposed to be designed to serve the needs of the society in which they are made. This law does not serve the women of Iceland, no matter what country they were born in, and as such should be revoked immediately.
I would imagine the counter-argument would be that repealling this law would encourage foreigners to marry Icelanders in "sham marriages" and then get immediately divorced. This would be my rebuttal: relax. Even with Iceland's wonderful standard of living, our 1.4% unemployment rate and jobs galore, and our opening the country to the newest EU countries last 1 May, we have yet to see this mythic "flood"of people trying to get into Iceland. Where all these people allegedly trying to storm into our country; the human deluge that such laws are trying to "protect" us from?
The fact is, it doesn't exist. Rather than approach Iceland's immigration situation on its own terms, most of its lawmakers have chosen instead to copy/paste restrictive (and unsuccessful) immigration laws from Denmark. Would we adopt the economic policies of a country going through a major recession? Of course not. Is it too much to ask that our MPs draft laws based on the needs of our own country, rather than lift them from some place else?
The New Icelanders' Party will continue to urge that this law be reformed immediately. For the women of this country, both foreign and Icelandic, and for the country as a whole. It's time to draft immigration law based on what's good for Iceland.
If you're a foreigner looking for work, one great place to start is where I'm currently employed: Svæðisskrifstofa Málefna Fatlaðra á Reykjanesi (the Reykjanes Regional Office for Disabled People's Issues). Apart from the rewarding experience of working with the physically and mentally disabled in group homes, they also offer free Icelandic courses as a part of your working schedule (as opposed to in your free time). There are numerous positions open. Visit their website or call 525-0900 for more information.
Finally, praise must be given to Toshiki Toma for the articles he's been writing for the Reykjavík Grapevine lately. It's a pleasure to see this insightful writing expand its readership.
UPDATE: Hope Knutson informed me that "it seems that neither of the 2 women who were in danger of being deported will be. The Immigration chief (Hildur) and the lawyer from A-hús (Margrét) met and went over these cases and it seems the immigration authorities had not had full information about the situation (i.e. the fact that these women were victims of violence from their former husbands). After they got that information, they were able to process the applications under a clause granting permits based on humanitarian reasons. Also the Vinstri Grænn party has redoubled their efforts to change the immigration law in this regard. They have proposed an amendment about this issue more than once."
I'm happy to hear this, and sincerely hope that this matter serves as a starting point for serious reformation of Iceland's immigration laws, including Article 5a. No woman in an abusive situation should have to wonder if she should take the gamble on applying for a humanitarian permit and risk deportation - this law should just be repealled altogether. The Leftist-Greens deserve praise for taking up this issue. Here's hoping the other parties hear the voice of reason as well.
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