Published 20-06-2022 - Last updated: 23-06-2022
Change in the rules for accompanying family members to foreign employees and students who have been granted permanent residence or Danish citizenship
On the 8th of June 2022 the Danish Parliament passed a law proposal that will give accompanying family members to foreign employees who have been granted permanent residence or Danish citizenship the possibility to continue extending their residence permits as accompanying family members in Denmark.
On one hand, the law proposal makes it now possible for the accompanying family members to extend their residence permits, even if their sponsor, namely the foreign employee, has been granted Danish citizenship. Up to now, it has only been possible for the accompanying family members to keep their residence permits as family members by applying for family reunification with the Danish Immigration Service.
On the other hand, the foreign employee who has been granted permanent residence or Danish citizenship will now have to meet certain conditions. At the time a decision is made on the accompanying family member’s application for extension, the sponsor will from now on have to:
- either meet the conditions for an extension of the residence permit which the sponsor had when he or she was granted permanent residence;
- or have employment that qualifies him or her for a residence permit under one of the current work schemes.
The other general conditions, such as that you must have lived together at a joint address, that the sponsor must be able to support you and that you are not allowed to receive any benefits under the terms of the Active Social Policy Act, must still be met.
The change also applies to accompanying family members of foreign students and green card holders who have been granted permanent residence or Danish citizenship. Likewise, the change applies to accompanying family members who have a residence permit under the repealed expatriate Dane scheme.
The Danish Parliament has also passed that the residence permits of accompanying family members to foreign nationals who have been granted permanent residence based on the Fast-track scheme, the Researcher scheme, the ESS scheme, the scheme for PhD students as well as joint-degree students, no longer are exempted from lapsing. This means that, if the accompanying family members give up their residency in Denmark or stay out of Denmark for more than 6 months, their residence permits will from now on lapse.
When the law proposal comes into effect on the 23th of June 2022, the change will affect all cases from that date on, also cases in which the accompanying family members have applied before the law came into effect. This means that the Danish Agency for International Recruitment and Integration (SIRI) will most likely have to request further information in these cases.