New rules regarding re-education trips, etc.
On 1 July 2022, new rules regarding re-education trips have become effective. Additionally, a single change to the rules for family reunification is now in force. Read more below.
A residence permit will normally not lapse following re-education trips
The new rules mean, that a residence permit normally does not lapse if a foreign national has been sent on a re-education trip or any other trip abroad with negative implications while they were under the age of 18.
The rules apply regardless of whether the child has a residence permit based on, for example, family reunification, asylum, or as an accompanying family member, for example to a foreign employee.
Child information interviews
The new rules also mean that the Immigration Service or SIRI can hold an interview in the form of a physical or virtual meeting with the child to assess whether the child has been or is at risk of being sent on a re-education trip or any other stay abroad by negative implications.
If the meeting takes place before the child is sent abroad, the information gathered during the interview will be included in the Immigration Service’s assessment of whether his or her passport is to be revoked or if the agency is to refuse issuing a passport to prevent their departure. The agency can only do this if the child has a convention or alien’s passport issued by the Immigration Service.
If the meeting takes place after the child has been sent abroad, the information will be included in the agency’s assessment of whether he or she can receive dispensation from their residence permit lapsing.
If the child’s best interest calls for it, the meeting can be held without the child’s custody holder participating.
New duty of disclosure for municipalities
The new rules also include a duty of disclosure for municipalities that suspect or have knowledge of an upcoming, ongoing, or completed re-education trip or any other trips abroad with negative implications for the foreign national.
The municipalities are obliged to pass on relevant information to the Immigration Service or SIRI on an ongoing basis, and the information can be passed on without the consent of a custody holder.
New special access to permanent residence if a foreign national has been on a re-education trip
If a foreign national has been granted a dispensation from their residence permit lapsing as a result of having been sent on a re-education trip or any other trip abroad with negative implications as a child, he or she now has easier access to obtaining permanent residence.
The purpose of this is to ensure that the child is not disadvantaged compared to other young people in regards to obtaining a permanent residence permit in Denmark. Read more about the rules regarding permanent residence
Postponement of access to family reunification for refugees
The European Court of Human Rights ruled on 9 July 2021 that deferring access to family reunification for 3 years for refugees with temporary protection status is against the right to respect for private and family life.
Following this ruling, the Ministry of Immigration and Integration assessed on 1 October 2021 that rules could continue to be laid down to defer access to family reunification for refugees with temporary protection status, but that the deferral may not be longer than 2 years when there is no current mass influx of asylum seekers into the country.
From 1 October 2021, the Immigration Service has administered following this interpretation of the judgment and with effect from 1 July 2022, the legislation in this area has been changed accordingly.