Few Law Changes For Foreign Nationals In Denmark Effective From 1st Aug 2010

06 Aug 2010

A series of law changes have been introduced effective from 1^st Aug 2010 which affect many foreign nationals in Denmark.

1. An application for extension must be submitted before your current residence permit expires

Applications for extension of residence permit - it is now crucial that you submit your application for an extension before the date your current residence permit expires. Otherwise, it would be considered illegal residency in Denmark. If your application is rejected, the Immigration Service will not process your application, and you will have to leave Denmark and apply for a new residence permit in your country of origin. Such an application will be regarded and processed as an entirely new application for a residence permit, i.e. it will be processed in accordance with the rules that apply to first-time applicants. In other words, you will lose the right to an extension of your previous residence permit. If you are residing illegally in Denmark you risk being expelled and given an entry ban, i.e. you will be banned from entering Denmark for a certain period of time. You also risk being reported to the police for illegal residence. Read more about how to apply for an extension under the different types of residence permit (work, study, au pair, family reunification etc.).

2. Refugees travelling to their country of origin

For refugees (persons granted a residence permit under section 7 or section 8 (1) or (2)) a holiday or other short trip to their country of origin (or the country in which the asylum authorities have found that they risk persecution), the Immigration Service can now revoke their residence permit to a larger extent than previously. If you have a permanent residence permit as a refugee, a trip to your country of origin can now lead to your residence permit being revoked until ten years after the point where you were granted your original residence permit. In other words, ten years must pass between the date on which your first residence permit as a refugee was granted, and the date on which you enter your country of origin. If you have a temporary residence permit as a refugee, a trip to your country of origin can lead to your residence permit being revoked, no matter how long you have held a Danish residence permit.

3. Receiving public assistance - family reunification with a spouse

The rules governing family reunification with a spouse have been changed so that in order to meet the requirements, the spouse/partner in Denmark must not have received public assistance for a period of three years prior to his/her spouse/partner applying for family reunification. Previously, this period was one year.

4. Verification of personal information

In all applications submitted after 1 August 2010, the Immigration Service will be able to compare information contained in its registries with records held by the Central Office of Civil Registration (CPR Office), the Buildings and Housing Registry (BBR) or in the income registry in order to ensure that applicants meet the requirements for their residence permits.