Do you have questions about your residence permit because you or your child is a victim of violence or abuse? Call the Danish Immigration Service's hotline for foreigners exposed to negative social control on 70 26 28 18.
Read more about the Danish Immigration Service's hotline
There are special possibilities to retain/extend a residence permit if you and your spouse/partner have been divorced or no longer live together because your spouse/partner has subjected you or your child to abuse, etc.
The term "abuse, etc." in this context may include:
- Violence in the form of physical assault or crimes involving physical assault, such as rape or robbery.
- Threats of violence.
- Exposing others to danger, e.g., by creating a dangerous situation that may lead to imminent danger to someone's life or limb, cf. the Danish Criminal Code sections 250-254.
- Repeated or severe psychological violence.
- Violation by neglectful or degrading treatment of persons under the age of 18, cf. the Danish Criminal Code section 213.
- Negative social control.
This applies whether you or your child is a victim of abuse, etc. This also applies regardless of whether you have been family reunified with a spouse/partner who is a refugee or a spouse/partner who is not a refugee.
In this case, you must document or demonstrate that you or your child is a victim of abuse by your spouse/partner.
All forms of documentation that can shed light on an abuse, etc., will be included in the assessment of your case. This can include, e.g., a police report (if an abuse, etc., has been reported to the police), statements from, e.g., social workers, or reports from a hospital emergency room, general practitioner or crisis centre.
If you have not been in contact with the police, municipality or other public authorities, shelters or the like, you can, e.g., provide copies of text messages or messages on social media, etc., that support your explanation of an abuse, etc.
You must also verify that abuse, etc. is the reason why your relationship with your spouse/partner has ended.
More about the connection between the end of your relationship and your spouse's/partner's abuse
Whether the abuse, etc., that you or your child is a victim of is the reason for the end of the relationship depends on a specific and comprehensive assessment of the details in your case.
It is not in itself decisive which of you, e.g., filed the formal divorce application. What is decisive is that it is abuse, etc., that has led to you no longer living together.
The assessment will include, among other things, the temporal connection between the abuse and the end of the cohabitation with your spouse/partner. If a significant amount of time has passed between the abuse and the time you and your spouse/partner moved apart, we will specifically consider whether the necessary causal connection exists. In this connection, we will take into account, e.g., the fact that it can be difficult to break away from an abusive relationship. Therefore, we may conclude that the necessary causal connection exists, even if a significant amount of time has passed between the abuse and the end of the cohabitation. This will depend on a specific assessment.
Examples:
The following are fictitious and non-exhaustive examples of situations where the Danish Immigration Service may conclude that a causal connection exists between an abuse and an end of cohabitation. It is emphasized that a specific and individual assessment of the overall circumstances of the case is always conducted:
Example 1: You have a residence permit in Denmark based on family reunification with a partner residing here. During your relationship, your partner has repeatedly subjected you to psychological and physical violence. After an episode in which your partner has beaten you, you leave your partner and go to a crisis center.
Example 2: You have a residence permit in Denmark based on family reunification with a spouse residing here. During your relationship, your spouse has beaten you twice. You have been seen by a doctor in connection with the violence. However, you do not leave your spouse in connection with the violent episodes, as you have difficulty breaking away from the relationship. 6 months after the most recent violent episode, you choose to leave your spouse due to the violence.
Example 3: You have a residence permit in Denmark based on family reunification with a spouse residing here. Your spouse has subjected you to psychological violence and negative social control throughout much of your time together, as your spouse has, among other things, prevented you from pursuing an education, seeking a job, and learning Danish, and has on several occasions locked you out of your shared home. After an episode in which your spouse locks you out of your shared home, you go to a crisis center.
More about the requirement to demonstrate your willingness and ability to integrate
If it is assessed that the end of the cohabitation is due to you or your child being a victim of abuse, it is a requirement that you have demonstrated the will and ability to integrate in order to retain/extend the residence permit. This can be presumed if you have resided in Denmark for 2 years or more before the end of the cohabitation, and you are or have been employed, are or have been seeking employment, or have participated in Danish language lessons.
If you have resided in Denmark for less than 2 years before the end of the cohabitation, you must to a greater extent demonstrate that you have had the will and ability to integrate into Danish society. This may include, e.g, that you have worked or started an education in this country. You may also have been actively seeking work, participated in Danish language training or taken an active role in associations or the local community, etc.
It will also be considered in the assessment if your integration has been hindered by your spouse or partner. This can include, e.g., if your spouse/partner, as part of their abuse against you, has restricted your freedom of movement, prevented you from seeking employment, isolated you from access to education, or taken control of your daily life by deciding which social contexts you may participate in and whom you may see.
Examples:
The following are fictional and non-exhaustive examples of situations where the Danish Immigration Service may conclude that a person who has ended cohabitation with their spouse/partner due to abuse has demonstrated the will and ability to integrate. It is emphasized that a specific and individual assessment of the overall circumstances of the case is always conducted:
Example 1: You have a residence permit in Denmark based on family reunification with a spouse residing here. You divorced your spouse due to abuse. You have held a residence permit in Denmark for 1.5 years, and during your stay, you have passed a Danish language test 1 (Prøve i Dansk 1).
Example 2: You have a residence permit in Denmark based on family reunification with a partner residing here. You have held a residence permit in Denmark for 3 years, and you ended the cohabitation with your partner because your partner subjected you to physical violence and negative social control. During your relationship, your partner prevented you from working and learning Danish. After ending the cohabitation, you started attending Danish language classes.
More about cases where it cannot be documented or made probable that you or your child is a victim of abuse by your spouse/partner
If it cannot be documented or made probable that you or your child is a victim of abuse by your spouse/cohabitating partner, or if the abuse is not the reason for the end of the cohabitation, your residence permit cannot be retained under this special provision.
In that case – if your spouse/cohabitating partner is not a refugee – we will assess whether your residence permit can be retained based on your ties to Denmark and your personal circumstances. If your spouse or cohabitating partner is a refugee, your residence permit can only be retained/extended if it violates Denmark's international obligations to revoke or deny to extend your residence permit. See the sections above titled "If your spouse/cohabitating partner is not a refugee" and "If your spouse/cohabitating partner is a refugee."
Examples:
The following are fictional and non-exhaustive examples of situations where the Danish Immigration Service assesses that it is not probable or documented that the cohabitation ended due to abuse, but the residence permit can be retained for other reasons. It is emphasized that a specific and individual assessment of the overall circumstances of the case is always conducted:
Example 1: You have a residence permit in Denmark based on family reunification with a spouse residing here. You have stated that you experienced violence from your spouse several years ago but that you have now separated because you have a new partner. You and your spouse share a child, and the child has regular and consistent contact with both parents.
Your residence permit cannot be retained under the special provision regarding abuse since the abuse is not the reason for your separation.
However, your residence permit may be retained following a specific assessment because you and your spouse share a child, and the child has regular and consistent contact with both parents.
The possibility of retaining a residence permit based on shared custody applies regardless of whether your spouse/partner is a refugee.
Example 2: You have a residence permit in Denmark based on family reunification with a spouse residing here. You have stated that you experienced violence from your spouse several years ago but that you have now separated because you have a new partner. You live with your 12-year-old child. The child was born in Denmark and has attended Danish daycare and public school.
Your residence permit cannot be retained under the special provision regarding abuse since the abuse is not the reason for your separation.
However, your residence permit may be retained following a specific assessment because you live with your child, who has developed an independent attachment to Denmark.
If your spouse is not a refugee, we will assess whether your child has developed such an independent attachment to Denmark that it would violate Denmark’s international obligations, or if it would otherwise be particularly burdensome for you or your child, to revoke or deny to extend your residence permit. If your spouse is a refugee, your residence permit can only be retained/extended if your child has developed such an independent attachment to Denmark that it would violate Denmark’s international obligations to revoke or deny to extend your residence permit.
The Immigration Service’ hotline
The Danish Immigration Service has a hotline you can call if you are a victim of abuse. E.g., you can get guidance on how your residence permit may be affected if you no longer live with your spouse/partner. Authorities, support persons, and others seeking guidance on these issues can also contact the Danish Immigration Service hotline.
Learn more about the hotline
