Apply for residency as a parent to a minor child who is a Danish citizen
You want to apply for a residence permit because you have a child under the age of 18 who lives in Denmark as a Danish citizen. You, the applicant, is the child’s parent.
The expected maximum processing time is
Who may be granted residence permit as a parent to a minor child?
You can only be granted a residence permit because you have a child under the age of 18 who is a Danish citizen if there is a relationship of strong dependency between the two of you. So much so that the child will be forced to leave Denmark, if you are refused residency in the county.
It is the child’s best interest that is taken into consideration when determining whether you can be granted a residence permit.
What requirements do you have to meet?
When you are the family member of a Danish citizen, you can normally not be granted a residence permit due to the EU regulation on free movement, as they do not apply to purely internal conditions such as family conditions. However, the European Court of Justice has ruled that a third-country citizen can be granted an exceptional right to residence under the EU regulation.
This means that when you are a parent to a minor child, who is a citizen in an EU country, under particular circumstances you can be granted residency in the EU country where the child lives. This might be the case if a rejection of a residence permit will mean that the child will have to leave the EU.
The requirements you must meet depend on whether the minor child is living with both of his/her parents or not.
When a minor Danish child lives with both his/her parents (where you is a third-country national and the other parent is a Danish national) and when both parents share in daily caretaking of the child and the legal, emotional and financial maintenance of the child there is a presumption of a dependency relationship between the child and both parents.
The presumption rule implies that in such a situation you should normally be granted a residence permit. However, this does not apply if there are specific circumstances that contradict the existence of a dependency relationship between you and the child.
It is the assessment that there is a presumption of a dependency relationship of a nature that can form the basis for granting a residence permit to you, when there is a real and stable family life present. In assessing this, the duration of the family life, in particular the period during which you have lived with the child and the child's other parent, will be given considerable weight, just as requirements may be made to the actual exercise of family life in practice.
It is the Immigration Service who must specifically refute the presumption of a dependency relationship when there is a family situation in which the child lives with both parents who broadly share in the daily caretaking of the child.
In connection to this, the European Court of Justice asserted that in each specific case it will be determined who the child’s actual caretaker is and whether a relationship of dependency exists between the child and the parent, who is applying for a residence permit.
The Immigration Service conducts a specific assessment of the child’s best interest based on the following circumstances:
The child’s age,
physical and emotional development,
the degree of emotional attachment to you as well as the child’s other parent, who is a Danish citizen,
assessment of the risk that separation from you entails for the child’s stability.
The child’s Danish citizenship is a requirement for being granted residency as a parent to a minor child.
You can read more in a guidance on the right to residency as third-country family members to Danish citizens that the Ministry of Foreign Affairs and Integration has issued 14 August 2020 (in Danish only).
The guide includes three fictional and non-thorough examples of situations where, a residence permit can be granted to a parent to a minor child based on a specific assessment of a case’s overall circumstances:
The father is a Danish citizen like the child. The child’s stepmother is a third-country citizen. The child has not had contact with his/her biological mother in several years. The father suffers from a severe psychological or physical illness and subsequently does not take part – in contrast to the child’s stepmother – in the child’s daily life in a stable manner. The child has a stronger emotional attachment to his stepmother. The stepmother can be granted a residence permit as a parent to a minor child.
The mother is a Danish citizen like the child. The father is a third-country citizen. The child suffers from a severe psychological or physical illness and needs special care. The father stays at home and is the primary caretaker of the child. The father can be granted a residence permit as a parent to a minor child.
The mother is a Danish citizen like the child. The father is a third-country citizen. The mother works at an offshore installation and is frequently absent from the home for periods of three weeks. The father is the primary caretaker. The father can be granted a residence permit as a parent to a minor child.
What type of residence permit will you be granted?
Temporary residence permit
You will initially be granted a temporary residence permit under the Aliens Act section 9c (1) typically valid for 2 years. If you and the child in Denmark still meet the requirements for residency, your residence permit can be extended.
You may work in Denmark
If you are granted a residence permit in Denmark, you may work during the same period as the residence permit is valid.
Here you can get an overview of what to do when you as a third-country parent wish to apply for a residence permit based on your minor child, who is a Danish citizen .
The application form below is not specifically aimed at cases where you want to apply for a residence permit based on a child who is a Danish citizen. The Immigration Service is working on such a specific form. Until the new form is available at this page, you can use the form below and follow the instructions. We will contact you if we need more information after you have submitted the form.
You and the child in Denmark have to fill in each of your parts of the application and attach documentation. Therefore, it is a good idea to gather documentation in advance.
You may need:
to fill in the application form
You and the child in Denmark have to fill in each of your parts of the application
The application form includes detailed instructions for how to fill it in and which types of documentation you can attach.
The child in Denmark or the person who fills in the form on behalf of the child needs a NemID code card to fill in the application form. Read more about NemID
If you want to resume filling in an application form online select ‘Start online application’. Once you are logged in, select ‘Continue a previously saved application’.
If you would like to make changes to an application after you have submitted it, you need to contact the Immigration Service. You do not submit a new application. Contact the Immigration Service
We encourage you to use the digital application form. It adapts according to your answers and is automatically sent to the Immigration Service when you have submitted it.
You can also print out and submit the application form. You can fill in the application form in Word format on your computer before printing it out. The application form is also available as a PDF file that can be printed out and filled in by hand.
Applying from abroad
Du kan indgive ansøgningen til en dansk repræsentation eller et outsourcing kontor i det land, hvor du bor.
If there is no Danish mission or outsourcing offices in the country where you live, the list refers to missions Denmark shares a representation agreement with, e.g. Norway or Sweden. If there is no representation agreement, the list refers to the nearest Danish mission or outsourcing office in the region.
The Immigration Service recommends that you visit the website of the closest embassy or consulate before you submit your application. Individual offices might have additional requirements, such as extra passport photos or copies of your application.
Applying in Denmark
If you are in Denmark legally, you can usually submit your application in Denmark. You are in Denmark legally if you:
- hold a valid visa
- are not required to hold a visa, or
- hold a valid Danish residence permit.
You can submit it by sending it to the Immigration Service. You can send the online application through our contact formula or digital post. You can send it by mail to the Immigration Service’s address:
You do not have to attach a letter to your when sending your application to us. We can find your case by the information in your application.
You can also leave your application in the Immigration Service’s mailbox in Næstved.
When you submit your application, you will normally need to have your fingerprints recorded and a picture of your face taken. These are also known as your biometric features. Your biometric features are required for you to get a new residence card if you are granted residency.
You can have your biometric features recorded at the Immigration Service’s Citizen Service. You must book an appointment before you show up at the Citizen Service. Read more about where the Immigration Service’s Citizen Service has branch offices and how you book an appointment