Published 19-12-2019 - Last updated: 01-01-2020

New rules for family reunification with children

From 1 January 2020, the requirement on successful integration in cases on family reunification with children will be abolished. Instead, the application must be submitted no later than 3 months from the date on which the parent in Denmark was granted a residence permit.

Until now it has been a requirement for granting residence permit in Denmark that children, over the age of 8 staying in their home country with one of the parents, possessed the ability to successfully integrate. This requirement will now be abolished.

From 1 January 2020 it is instead a requirement that children under the age of 15, staying in their home country with one of the parents or a permanent caregiver, must submit an application for a residence permit no later than 3 months from the date on which the other parent was granted a residence permit in Denmark on the grounds of family reunification or asylum.

If the parent residing in Denmark is a Danish or Nordic citizen, the 3-month time limit will be effective from the date on which the parent is registered in the National Registry (folkeregisteret).

The new 3-month time limit normally applies to all children under the age of 15, who are staying in their home country with one of the parents or a permanent caregiver.

However the 3-month time limit may be waived if special conditions apply.

Such special conditions may be, e.g. if the child and the parent, otherwise, may only be referred to live as a family unit in a country in which the parent is not able to enter or reside with the child. This may be because the parent in Denmark being a refugee, is suffering from serious illness or has a handicap, or because the parent holds custody or has visitation rights of other children in Denmark.

Transitional scheme for certain groups of children

The new 3-month time limit includes a special transitional scheme applying to the following groups of children:

Children, who have been rejected family reunification in the period from 10 June 2016 to 1 January 2020 on the grounds of failure to comply with the requirement of successful integration in Denmark

If a new application is submitted no later than 1 April 2020, the children will be covered by the new rules and the Danish Immigration Service will waive the 3-month time limit. The children can be granted a residence permit if all other requirements are met. Even if the 3 -month time limit is overdue at the time. It is a requirement that the child is under the age of 18 when the new application for family reunification is submitted.

Children, who have an application for family reunification pending at the Immigration Service on 1 January 2020

The child will be covered by the new rules and the Immigration Service will waive the 3-month time limit. The children can be granted a residence permit if all other requirements are met. This also applies even if the parent has exceeded the 3-month time limit on 1 January 2020.

Children, who have an appeal pending at the Immigration Appeals Board because their application for family reunification was rejected on the grounds of failure to comply with the requirement of successful integration in Denmark

The Immigration Appeals Board will remit appeal cases where the Immigration Service has granted a rejection on the grounds of failure to comply with the requirement of successful integration in Denmark, and where the appeal is in process at the Immigration Appeals Board on 1 January 2020.

The Immigration Service must process these cases in accordance with the new rules and will waive the 3-month time limit. The children can be granted a residence permit if all other requirements are met. This will also apply even if the 3-month time limit is overdue at the time.

Children over the age of 8, who wish to apply for family reunification with a parent already residing in Denmark

Children, who are over the age of 8 on 1 January 2020, can be granted a residence permit in accordance with the new rules, if their parent has been granted a residence permit or – if the parent is a Danish or Nordic citizen – has been registered in the National Registry since 10 June 2016 or later. In these cases, the 3-month time limit will be waived. The children can be granted a residence permit if all other requirements are met. This will also apply even if the 3-month time limit is overdue. To be covered by the transitional scheme, it is a requirement that the child’s application is submitted no later than 1 April 2020.

Children under the age of 8, who wish to apply for family reunification with a parent already residing in Denmark

Children, who are under the age of 8 on 1 January 2020, can be granted a residence permit by virtue of the new rules, if their parent has been granted a residence permit or – if the parent is a Danish or Nordic citizen – has been registered in the National Registry. In these cases the 3-month time limit will be waived. The children can be granted a residence permit if all other requirements are met. This will also apply even if the 3-month time limit is overdue. To be covered by the transitional scheme, it is a requirement that the child’s application is submitted no later than 1 April 2020.

When applying for a residence permit on the grounds of the transitional scheme the application form FA7 must be used.

Normally a fee must be paid in connection to the application. Choose the case type ‘Family reunification’ when paying the fee.