Published 24-05-2017

Special transitional scheme for expatriate Danes whose spouses has been rejected family reunification

On 25 May, new regulations applying to accompanying family members to expatriate Danes come into effect. A special transitional scheme included in the new regulation may be relevant to individuals whose application for family reunification was rejected on the grounds of the attachment requirement.

Starting on 25 May 2017, accompanying family members of Danish citizens who have relocated to Denmark after living abroad can qualify for residence if the Danish citizen has been offered a job in Denmark that is included on the Positive List or in the Pay Limit scheme. Applications for recidence permit after the new scheme should be submitted to the Danish Agency for International Recruitment and Integration.

Read more about the new residency scheme here.

In connection with the Expatriate Dane scheme a special transitional scheme has been established, which can be relevant for foreigners whose application for family reunification has been turned down because of the attachment requirement. With the transitional scheme accompanying family members to an expatriate Dane can get residence permit even though they are not established abroad any more, if they meet certain requirements.  The following conditions must be met in order to use the transitional scheme:

  • The Danish citizen has relocated to Denmark after having lived abroad for an extended period.
  • The foreign spouse’ application for family reunification has been turned down because the spouses did not meet the attachment requirement (Aliens Act sec 9 (7)).
  • The application for family reunification was submitted prior to the new regulation came into effect on 25 May 2017.
  • The application for residence permit under the transitional scheme is submitted within two months of the rejection of family reunification, or, in the event that the application was rejected prior to the new regulation taking effect, within two months of the regulation taking effect on 25 May 2017.

Read the law as passed (in Danish)

Read the law as proposed (in Danish).

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