A Danish residence permit can be granted unless certain specific circumstances, in regards to the well-being of the family, are in play. The granting is conditioned by:
1. Declaration on integration
A Danish residence permit is conditioned by the applicant’s will to actively participate in the Danish society. The applicant must seek to participate actively and in accord with the Danish legislation. In addition, children must be taught Danish as a part of a successful integration.
The residing part must be able to provide for the applicant. The residing part is obliged to document that provision for the applicant is possible. This is done; by presenting the last 3 pay slips from work or other income documentation for the last 3 months. Attaching the contract of employment as additional information can be a good idea, in case further information is needed.
3. Social security or other public financial services
The residing partner looking for residence permit to a foreign partner must not have received any sort of public financial support in the last 3 years up until the day that the application was submitted.
However, this does not account one-off services of smaller, insignificant amounts that is not directly related to continuous provision.
In addition, this neither accounts for SU (The State Education Fund) and unemployment benefits. You are allowed to receive or have had received unemployment benefits (dagpenge) for the past 3 years while still being able to successfully complete a family reunification.
4. The attachment requirement
The overall connection to a country must be greater to Denmark than any other country. This implies that the residing part must have lived in Denmark for at least 12 years. However, this number of years can be reduced if the residing part has been undergoing education, has had a stable job, or been contributing to the Danish society in another way.
If the residing part has been a Danish citizen for at least 26 years, no conditions regarding attachment are in play.
Following will be considered when determining the level of attachment:
- For how long the residing part has been living in Denmark
- Whether the residing or the foreign part have family in Denmark
- Whether any of the parts have been undergoing education in Denmark
- Danish language skills
- What the residing part is doing on a daily basis in Denmark
In some occasions, it is required that the foreign part must have visited Denmark at least one time before an application for family reunification can be submitted. This requirement can be difficult to meet if the foreign part earlier has had an application for either family reunification or tourist visa denied.
5. Marriage between cousins
It is not considered illegal to be married to your cousin, but it will be difficult getting a positive response from the Danish Immigration Service, as the DIS considers it unlikely that the marriage was agreed on equal terms. As a result, the application for family reunification will most likely be denied unless it can be proved that the marriage was carried out with mutual consent.
This is not just the case with marriages between cousins, but with marriages between anyone closely related. If the family overall benefits from the marriage, it is possible to complete a family reunification despite the marriage being between cousins or other closely related.
6. Marriage of convenience
If the only purpose of a marriage is to achieve family reunification, it is called marriage of convenience or bogus marriage. It happens that people pay the residing part to agree to a marriage solely with the purpose of obtaining Danish citizenship. This is illegal and will result in a rejected application.
A lack of time spent together or a lack of communication between the partners are some of the things that the Danish Immigration Service takes into consideration when determining whether a marriage is of convenience or not. Factors such as age difference and limited acquaintance to the partner will also be investigated.
7. Criminality and debt
The residing person must not have been unconditionally sentenced to jail for 1½ year or committed violence against earlier spouses or children for the past 10 years.
Furthermore, it is required that the residing person does not have debt estimated to more than 100.000 Danish kroner to public institutions (either SKAT, the government or local authorities), unless respite has been granted.
Further inquiries and questions on this matter can be addressed us. We seek to return to you within 24 hours.
8. Marriage or non-cohabitation relations
When applying for family reunification with a spouse or partner, some requirements have to be met before the authorities recognises the relationship as “family life worth ensuring”.
Are you married to your foreign partner, the marriage certificate has to be verified according to Danish law. This means that both partners have to have had been present and in agreement when the marriage was being contracted. Partners in a marriage contracted under circumstances not complying with Danish legislation are not considered eligible for family reunification in Denmark.
The marriage certificate may be from another country and formulated in a different language, but it is required to be in Danish or English. If the marriage certificate needs a translation, it has to be done by an authorized translator. Notice that marriage certificates from volatile countries such as Somalia and Syria will not be recognised and accepted in Denmark.
To avoid problems with the marriage certificate, it is recommended that you get married on Danish soil.
Non-cohabitation relationships of longer durations:
In case you are not married to your partner, you can meet the requirement of continuous cohabitation by documenting that you have lived together for at least 1½ year.
9. Address obligations
One of the fundamental conditions for applying for family reunification is that both partners live on the same address, regardless of being married or not. If the foreign partner lives outside of Denmark, he or she has to move in on the Danish address of the residing partner.