I might be moving to Canada, but not cause I want to

Copy Pasted from LJ...

I got a letter in the post this morning. Nothing unusual about that really 'cept one of the letters was from the national registry, so I took it with me to physical therapy, opened it as I walked.

I read it twice before I got there, and I read it three more times on my walk back home.

In that letter were the words "you no longer fulfill the requirements for legal recidency in this country".
I said "what?"
I said it again and louder.
I read the letter again, and again, and again, and then I got home and told Sel, I said "they're writing us out of the country!"
They are delisting me as living at my home and instead they're listing me as "living abroad".

From today, I have three weeks to do "something" about it.

The core of the problem appears to be that I've not had a taxable income in Iceland for the last 18 months, meaning they read it as I'm unable to make enough money to support myself and my family. Their solution to that is to list me as "living abroad"

If I'm unable to correct this the follwing will happen.
I'll loose all rights to disability of any kind since I'm not living in Iceland any more.
I'll loose all rights to child support and extra supportive monies for Hafdís's Autism because I'm not living in Iceland any more.
I'll loose much of my chances to getting a better paying job because I don't live in Iceland anymore.

This means that their solution to my lack of income is to rob me of what little I have left and then de-list me from the country so they don't need to take responsibility for whatever follows.

So,.. unless I can "correct" this shortly, Me and Selcar will in all probability move to Canada since we'll have no chance of surviving over here, at all!
What will become of my daughter is all up in the air, but considering her language issues and social problems, the most probable course of events is that she'll stay winters in Iceland with her father, so that she can continue to go to an Icelandic school and doesn't have to start from scratch again, and then spend the summers in Canada with me.

I'll be keeping you all updated through here, posting a link to a new blog in english on LJ as I write them from Facebook, Deviantart and wherever else I feel the need to notify people of my perdicament.

I'll probably do an obvious plug for help in the form of donations or purchases of art and/or art commissions, but that's a problem for a later date.
After all, three airplane tickets from Iceland to Toronto are pricy!

Talk about bullshit. And I'm assuming legal help will be too pricey to get as well?

Though Canada's famous for it's cheap meds, with some health care that might be helpful for your daughter, and who knows, you might find an Icelandic denomination group somewhere in Canada. They have one in Chicago at least (among the many other ones), so they can pass on the languages and culture to descendants. I would think that Canada's got something similar in at least one of their cities, considering how they have many immigrants as well.

I wish I had some good advice, but all I can offer is a hope that things work out better for you in the end.

I can't afford to hire a lawyer though I'm looking for someone willing to give free basic advice and tell me whether or not I stand a chance to fight this at all..

Gads but that is insane! Hope you are able to correct things such that you are not forced to move.

Carn

And we thought the US government was insane...still having trouble putting words together, after having first read this several hours ago. Haven't gotten much farther than "WTF."

-Val

House Hesson Wrote:And we thought the US government was insane...still having trouble putting words together, after having first read this several hours ago. Haven't gotten much farther than "WTF."

-Val

Took me a full hour to grasp that the letter said what it said and I'm still a bit "wtf" about it...

The first thing that comes to mind is: that is crap.

*is suddenly glad to be an EU citizen*

Is it you they're kicking out, or Sel (meaning you have to go to stay with him)? If you're an Icelandic citizen it seems absolutely insane that they could say you don't have the right to reside in Iceland, just insane.

*IF* you have to move: I don't know anything about Schengen Area rules, but would you have the right to live and reside in Europe in general, or Scandanavia specifically? Simply because Scotland, Norway, and Denmark probably have relatively good transport links to Iceland, meaning travel wouldn't be so bad.

Re schooling . . . apparently there are a lot of Icelanders in Canada. These links might help:

<!-- m --><a class="postlink" href="http://en.wikipedia.org/wiki/New_Iceland">http://en.wikipedia.org/wiki/New_Iceland</a><!-- m -->
<!-- m --><a class="postlink" href="http://en.wikipedia.org/wiki/Gimli,_Manitoba">http://en.wikipedia.org/wiki/Gimli,_Manitoba</a><!-- m -->
<!-- m --><a class="postlink" href="http://www.samkoma.com/cgi/links.pl.cgi?111">http://www.samkoma.com/cgi/links.pl.cgi?111</a><!-- m -->

If there are any Icelandic language schools there, then you might all be able to remain together. And I don't fully know your daughter's situation, but if there was a school there she might find it easier to learn English and eventually be bilingual (which is obviously a huge advantage for anyone).

To add to my earlier crosspost: does Iceland have an equivalent of "legal aid" - basically free or cheap legal representation to people on low incomes? If not I will see what I can research - I obviously don't know anything about Icelandic law but I can work out what to look for. I need to know if you're an Icelandic citizen and if not what nationality your parents are/were, and I can work from there - at least to work out wtf this is about.

Okay, I've had a little think and I've done a little reading. Unfortunately it's hard for me to even work out what angle to come from without knowing some details about your background that I don't know. (You may very well have told me, but you know how I am for personal details!). I very much want to help, whether that help means finding out that these assholes are totally in the wrong, or establishing that you need to move house ASAP, or simply confirming that there's nothing I can do from here and working out how to get you local legal representation.

So here are some questions. Some might be irrelevant, I'm not sure yet. Some are personal so PM or email if you're more comfortable.

What (if any) countries are you a citizen of? What about your parents? Are/were your parents married? Were you adopted? What passports do you hold? Where were you born?

Were you married to Hafdis' father when she was born? What if any countries is he a citizen of? How long were the two of you a couple?

How long have you been resident in Iceland, and what countries have you lived in since age 18? (By "lived in" I mean any stay of two weeks or longer, just to be on the safe side.)

Are you currently in employment, and if so what is your income? Are you currently receiving any benefits, and if so what are they? Can your family unit (you, Selcar, and Hafdis) support yourselves financially, or do you rely on benefits? Do family members help out (eg by providing living space or helping with bills)? Does Sel currently have any residence rights in Iceland, is he in employment? Are both of his parents Canadian?

What nationality or nationalities is Hafdis? How old is Hafdis? Has she ever lived outside of Iceland? Does she speak any languages other than Icelandic? What is her relationship like with her father (no contact, limited contact, joint custody)? What specific problems does her autism cause for her, both in education and in home life?

Please give dates wherever possible, as Icelandic residency and nationality rules have changed over time.

If you are able to translate the contents of the letter into English, please let me know what it is (in as precise a way as possible, I don't care if it reads naturally so long as I can understand it).

Oh! And, from a human rights point of view, some basic information about any medical treatments you are undergoing would be helpful. On a really basic level, if you're getting some complex treatment paid for by the Althing (look! That was my attempt at local Iceland knowledge!) then deporting you or cutting off benefits would be inhumane as treatment might not be available elsewhere. (Off the top of my head I don't know how Iceland is for legally enshrining human rights, but I can find out.)

The more I think about this the more it strikes as a completely egregious abuse of power and violation of your most basic human rights. What absolute fuckheads. Does Iceland seriously have nothing better to worry about right now? Like, you know, the depletion of North Sea fish stocks, or I dunno, the near destruction of the global banking system?

You do not need to take any action whatsoever until Monday at the earliest - it is fine to spend Friday and the weekend thinking about things. By then, there should be a more clear idea about whether you need to:

a) book flights to Canada
b) find an Icelandic lawyer
or c) phone whatever asshole drafted that letter and tell him he can kiss your Nordic ass.

I am literally shaking with anger right now.

More thoughts.

From what I can gather here: <!-- m --><a class="postlink" href="http://www.coe.int/t/e/legal_affairs/legal_co-operation/operation_of_justice/access_to_justice_and_legal_aid/Iceland%20-%20legal%20aid%20paper.asp">http://www.coe.int/t/e/legal_affairs/le ... 0paper.asp</a><!-- m --> Legal Aid is available in Iceland (with restrictions, namely that you need a low income and you have to have a case). As such it would be wise to find a local lawyer who specialises in citizenship, nationality, and/or European law. Give them a call and see if you can get a "free initial consultation". Your lawyer should be able to tell you if you are likely to be eligable for legal aid (though will not be able to give a definite answer).

In general, smaller firms are usually more likely to give free initial consultations. Larger firms are less likely to. I don't know what your economy is doing at the minute so I can't guess what an initial consultation would cost if you go to a lawyer who charges. Roughly speaking though, one consultation = wages for two to three days work as a shop assistant or similar role.

As good news, while Iceland is not a member of the European Union it is a member of the Council of Europe. Why does that matter? Because it means Iceland must abide by the European Convention on Human Rights.

Article 6 of the Convention guarantees the right to a fair trial. This is normally taken to be relevant to criminal cases only but in civil cases (eg: the government ordering you out) it can be raised. (I once violated someone's Article 6 rights . . . I felt bad for some time!)

Article 8, depending on interpretation, can force a government to make sure parents have access to their children. If Hafdis has to remain in Iceland for education, then it could be interpreted as a breach of your Article 8 rights to make you leave.

Article 13 gives you the right to raise any issues relating to the Convention with a national court. In other words, if you think the government is trying to violate your rights, then you or your lawyer can organise a hearing in Iceland to discuss the issues.

Article 14 MIGHT offer protection but that depends on the details of your situation (nationality, ethnic background, residence, etc).

Protocol 1, Article 2 gives rights relating to parents deciding on the education their children get. This is very tenuous but as Hafdis requires education in Iceland, and you (as custodian of Hafdis) which to remain looking after her, anything that prevents you from living in Iceland prevents you from making sure she gets an education.

Protocol 4 prevents the expulsion of nationals. (The UK hasn't ratified this . . . so technically they could throw me out.)

Protocol 7 Article 1 is the big one. If foreign nationals are faced with expulsion, this guarantees them the right to fair procedures. I haven't looked this up yet, but at the very least "fair procedure" MUST include legal representation. Let me restate that: if you are a national, they are barred from expelling you. If you are a foreigner, they can expel you ONLY AFTER A FAIR PROCEDURE. Now, I'm not at this point 100% sure of what they are threatening: cutting off benefits or otherwise "encouraging" you out may be more the angle. That's why to give more clear help I need to know the specifics of that damned letter.

I am unspeakably outraged that a modern European country which is party to the Convention on Human Rights would even consider throwing a law-abiding citizen out, whether directly or by stealth, for any reason whatsoever. I find this personally insulting and shocking and I will aid you in any way possible to prevent this disgusting abuse from happening.

My reading of European Law leaves me absolutely BAFFLED as to why they would even ATTEMPT this, but if you can answer my earlier questions and translate the letter for me I can perhaps decipher what the hell they think they're playing at. It's highly possible there is something obvious in the law I have missed, or that they are attempting to cut off benefits or something along those lines - which may well be an issue more for national Icelandic law than European.

However: you and I are Europeans. I am not exagerrating in the slightest when I say that our family members and ancestors fought and died in a war to defeat fascism, give all Europeans the right to life and protection by and from the state, and not least of all gave us all the right to live wherever the bloody hell we want to.

Damned, damned I say, if some petty bureaucrat wants to ship you to Canada because he thinks you don't earn enough.

Right. Now that all that emotion and European law is out of the way (and isn't it a beautiful thing when they coincide), shall we stop with the worry and start with the kicking government ass, hmm? I am entirely at your disposal.