Published 28-11-2023
Reopening of certain cases where an application for family reunification of spouses has been refused
In cases regarding family reunification of spouses, when the spouse/partner in Denmark is not a citizen of Denmark or another Nordic country or a refugee, the so-called transferred requirements for permanent residence apply. One of these requirements is that the spouse/partner in Denmark may not have been convicted of a crime that carries a sentence of more than 6 months (served) or other form of detention and that the spouse/partner in Denmark may not have been sentenced to more than 60 days (served) for violating certain sections of the Criminal Code. Read more about what sections that includes
The Immigration Service has become aware that there may have been a practice in the processing of cases regarding family reunification of spouses that is not in accordance with the rules in the Aliens Act when it comes to the requirement that regards the spouse/partner not being sentenced.
If your application for family reunification with a spouse/partner was refused due to your spouse/partner not meeting the requirement about not being sentenced as described above and the decision was made at a time where your spouse was not finally sentenced, you can contact us with a request for a reopening of your case.
The reopening of your case will not necessarily result in a residence permit because other conditions and requirements can also result in a refused application.