Reopening of cases about family reunification of spouses to an economically active Turkish citizen residing in Denmark which was rejected due to the attachment requirement
On the grounds of the European Court of Justice’s judgement on 10 July 2019 regarding the attachment requirement there is a possibility for reopening of cases about family reunification of spouses to an economically active Turkish citizen residing in Denmark which was rejected due to the attachment requirement, as described in the news article at newtodenmark.dk from 28 August 2019.
Which cases are reopened?
The attachment requirement came into effect on applications submitted from 3 July 2000 and later. Applicants who, after this date, have been granted a rejection of family reunification with spouses on the grounds of not fulfilling the attachment requirement, and whose spouse or parent in Denmark was an economically active Turkish citizen, can have their case reopened and reassessed.
The Immigration Service will contact the applicants whose applications were submitted on 1 January 2011 or later. This is because the Immigration Service can identify the cases.
The Immigration Service will not contact the applicants whose applications were submitted before 1 January 2011. This is because the Immigration Service cannot immediately identify the cases. These persons must contact the Immigration Service and request a reopening. When requesting a reopening the application form GE3 should be used. The form can be downloaded here:
How are the cases processed?
When the cases are reopened the Immigration Service will assess whether the requirements for family reunification are met. Mostly it will be the rules, which were applicable at the time of the original ruling in the case, that are relevant. It will to a certain degree also be the applicant’s and the person in Denmark’s conditions at the time of the original ruling, that are relevant.
However there are also requirements which have to be met continuously and here the couple’s conditions are assessed both at the time of the original ruling and at the time of the ruling in the reopened case. The continuous requirements are e.g. the requirement that the marriage or cohabitation withstand, the housing requirement, and the requirement that the person in Denmark is self-supporting.