Do do you seek to utilise the European legislation regarding family reunification because you are moving back to Denmark from another EU country? In this case, Danish Immigration Service will not process your application – the civil service will.
The 2 most common scenarios
1. You have a passport from a non-EU country and apply for family reunification with an EU-citizen (non-Danish) working in Denmark.
In this scenario, your partner is required to have an EU-passport or EU-citizenship. The application must be addressed the civil service of Denmark.
2. You have previously been living in Denmark and now live in another EU country, but wishes to return to Denmark with your non-EU partner.
If you seek to apply for family reunification in Denmark with your non-EU partner, whom you have been living in another EU country (Sweden or Germany for instance) with, the civil service will process the application.
You can find the other conditions regarding a family reunification application here HERE.
These Danish rules and conditions applies to a family reunification between a person residing in Denmark and a foreign spouse or partner from a non-EU country.
For instance, the Danish rules on the subject involves the so-called 24-year rule, which is an absolute condition. The rule entails that you cannot apply for family reunification if you are, for example, 21 and have a foreign partner or spouse, whom you want to be reunited with in Denmark.
For this reason, some applicants evade the Danish rules by utilising the EU legislation on the matter. They go to Sweden to apply for family reunification and return to Denmark when they have obtained a Swedish residence permit. Once they return to Denmark, they are protected by the EU legislation and they no longer have to wait for their 24th birthday to apply for family reunification.
But is it easier?
Many are of the understanding that it is easier to successfully complete a family reunification through Sweden than Denmark. This leads to a rising number of potential applicants moving to Sweden for residence permit, only to return to Denmark once the permit is obtained.
In other words, they try to evade the Danish rules.
The question is: Does it work?
The answer is NO
It is not advantageous to immigrate to Sweden (or any other EU country) to apply for residence permit, only to return to Denmark to apply for family reunification under protection of EU legislation.
There are several reasons to why this is difficult
- It is expensive to move back and forth between Sweden and Denmark. People let themselves register in Sweden without actually living there – they stay in Denmark. The civil service in Denmark are aware of this trick and they demand proof of your stay in Sweden.
- More than 50% of those who apply for family reunification in Denmark after obtaining a Swedish residence permit are rejected due to the proofs of the stay being inadequate.
- You will have to prove that no one else but you lives on your address in Sweden. The Swedish authorities are also aware of this trick and they will check the Swedish address to confirm or disconfirm your information.
- Some Swedish residents allow immigrants to register themselves on their Swedish address, in exchange of money, without the immigrants actually living on the registered address. Swedish authorities are also aware of this trick – 7 people in a 50m2 apartment will raise some questions that cannot be answered.
It is not recommendable that you try to evade the rules like this.
However, if you actually did stay in Sweden or other EU-countries for an adequate period of time, applying for family reunification under EU legislation will not be a problem. Among potentially required information, the authorities might ask for documentation on money withdrawals, telephone bills, Bro-Bizz, insurances, fitness memberships, participation in associations and organizations, and more.
We encourage applying for family reunification in Denmark if you live in Denmark!
Before applying in other countries, always apply in the country you live in. Exemptions can be granted under certain circumstances.
Do you have any questions, comments or addition, please use the contact formula under this text to write a message, it does not cost anything