Published 06-03-2019

New rules for resident permits to refugees and family members of refugees etc.

On 21 February 2019 the Danish Parliament passed a bill with a number of changes to the Aliens Act. The changes, among other things, result in refugees and family members of refugees being granted a time limited residence permit with a view to temporary residence and being affected of new rules on revocation and other rules on lapse. The changes also mean that refugees no longer have to apply for extension of their residence permits and that their family can be affected by a ceiling on family reunifications. Read more below.

Refugees and family reunified to refugees will be granted a residence permit with a view to temporary residence

From 1 March 2019 all residence permits to refugees granted in accordance with Aliens Act section 7 (1) and (2) and section 8 (1) and (2) is granted with a view to temporary residence and not as earlier granted with the possibility for a permanent residence.

This also applies to foreign nationals who are granted a residence permit in accordance with Aliens Act section 9 (1) or section 9 c (1) due to familial attachment to a foreigner with a residence permit in accordance with Aliens Act section 7 (1) and (2) or section 8 (1) and (2) (family members to refugees).

Refugees and family reunified to refugees who have been granted a residence permit before 1 March 2019 will be granted a residence permit with a view to temporary residence, if the Danish Immigration Service extend their residence permits after 1 March 2019. This applies regardless of whether the previous residence permit was granted with the possibility for a permanent residence.

From 1 July 2019 all residence permits granted to refugees and their family members will automatically be changed from being granted with the possibility for a permanent residence to being granted with a view to temporary residence. Valid residence cards will not be replaced as a result of the legislative change nor will you receive a letter or other notifications about the change.

The change does not have an influence on when a residence permit expires and does not change the possibility of obtaining a permanent residence permit.
Refugees with temporary protected status in accordance with Aliens Act section 7 (3) and family reunified to those will as yet be granted a residence permit with a view to temporary residence.

Wider access to revoke residence permits to refugees and family reunified to refugees

When the grounds for a residence permit as a refugee or a family reunified to a refugee no longer is present, the Immigration Service has until now assessed whether the foreigner’s personal circumstances indicate that it may be considered particularly traumatic to revoke the residence permit. This is specified in the Aliens Act section 26.

In the future, cases about revocation for this group will no longer be assessed in accordance with section 26. Instead, it must be assessed whether a revocation violates Denmark’s international obligations as specified in the Aliens Act section 19 a. In this assessment less weight is attached to the foreigner’s attachment to e.g. the labour market, activity in non-profit organizations and Danish language skills than previously.

Residence permits to refugees and family reunified to refugees may lapse after shorter stays abroad

Refugees and family reunified to refugees, who not later than 1 July 2019 are granted a residence permit with a view to temporary residence, can reside outside Denmark for a shorter period than previously before their residence permit will lapse.

A residence permit granted with a view to temporary residence may lapse if you reside abroad more than 6 months in a row – regardless of how long you have had a legal residence in Denmark. This applies if you left Denmark 1 March 2019 or later.

If you have a residence permit in accordance with one of the above mentioned sections and you left Denmark before 1 March 2019, you are as yet covered by the rules for lapsing that applies for foreigners with a residence permit with the possibility for a permanent residence.

Refugees no longer have to apply for extension of their residence permit

Refugees with a residence permit in accordance with section 7 (1) and (2) and section 8 (1) and (2), whose residence permit expires from 1 July 2019 and later, shall not submit an application for extension by themselves. The Danish Immigration Service will by themselves begin the processing of the case of extension and will extend the residence permit if the grounds are still met.

Refugees with residence permit in accordance with Aliens Act section 7 (1) and (2), or section 8 (1) and (2), whose residence permit expires before 1 July 2019, are as yet obligated to apply for an extension of the residence permit by themselves. The application for extension must be submitted before the residence permit expires.

Refugees with a permit residence in accordance with Aliens Act section 7 (3) shall as yet not apply for an extension by themselves. The Danish Immigration Service will begin the processing of the cases of extension.

Family reunified to refugees and foreigners with a residence permit in accordance with Aliens Act section 8 (3) shall as yet apply for an extension of the residence permit by themselves – regardless of when their residence permit expires.

Possible ceiling on family reunifications to refugees

From 1 March 2019 the Ministry of Immigration and Integration has the possibility of setting a monthly ceiling on the number of residence permits given on the grounds of family reunification with refugees in Denmark. If the number of asylum applications in Denmark increases considerably over a short period of time and if a significant increase in the number of applications for family reunification is expected because of this, a ceiling can be activated.