Published 01-07-2025
New rules for accompanying family who have been subjected to domestic violence etc., and new lapse of dispensation rules for posted workers by the Danish state and their accompanying family
On 1 July 2025, changes to the Danish Aliens Act come into effect. In certain instances, you may, with the changes, keep your residence permit as an accompanying family if you have been subjected to domestic violence etc. The amendment also exempts posted workers by the Danish state and their accompanying family from the lapse of dispensation rules.
Possibility to keep your residence permit as an accompanying family if you have been subjected to domestic violence etc., or if your partner is deceased
If you are a foreigner with a residence permit as an accompanying family of a foreign employee or student, from now on you may, in certain instances, keep your residence permit in the same way as foreigners who are spouse reunified under the general rules.
The changes mean that if you as an accompanying family move away from the sponsor’s address and therefore no longer meet the requirement of cohabitation, special consideration must be given to whether this is due to assault, abuse or other harm etc., including negative social control. Special consideration must also be given to whether the termination of the cohabitation is due to the decease of the spouse or cohabiting partner. Children with a residence permit as accompanying family are also covered by the new rules.
As a foreigner, you must prove that you or your child have been subjected to abuse etc. and that you no longer cohabit with the spouse or cohabitating partner because of the abuse etc. SIRI assesses the cases specifically and individually. Among other things, we assess whether you have shown intentions and ability to integrate into the Danish society.
If you as a foreigner have kept your residence permit as a result of abuse etc., or because the spouse or cohabiting partner is deceased, you can keep your residence for up to 5 years without us requiring self-support. After 5 years, your right to continued residence will generally be conditioned on your ability to support yourself.
In connection with that the bill was put forward in the Danish Parliament on 10 April 2025, we have waited to make decisions in ongoing cases where the amendment may affect the case. Now, we resume the processing of the cases in question.
Posted workers by the Danish state and their accompanying family are exempt from the lapse of dispensation rules
You are now exempt from the lapse of dispensation rules if you are a posted worker by the Danish state, family reunified or accompanying family of a posted worker by the Danish state and accompanying family of an expatriate Danish citizen who is posted by the Danish state. State-employed who are posted to manage a job abroad on behalf of the Danish state are also included.
Read about the changes for accompanying family on the relevant application pages
Read about the changes for posted workers by the Danish state on the relevant application pages
Read more about the bill on the Danish Parliament's website (only in Danish) (opens in a new window)
