Legal stay when submitting an application to SIRI
If you submit an application for a residence permit in Denmark, your stay must be legal
When your stay in Denmark is legal you can normally submit, and have an application for a residence permit processed
Your stay in Denmark is legal when you:
- have a valid visa,
- are exempted from the requirement of a visa,
- already have a valid residence permit, or
- stay in Denmark according to the EU rules
If you have submitted an application in Denmark legally, you can have a procedural stay. This means that you can stay in Denmark while we process your application for a residence permit – even if the once legal basis for your entry to Denmark may not be valid any more.
You can submit and have an application for a work permit under one of the occupation schemes processed, e.g. Pay Limit scheme or Fast-track, if you have a procedural stay.
You cannot submit and have an application for a residence permit for study, au pair, interns, volunteer working-holiday, or as an accompanying family member processed, if you have a procedural stay.
If you are applying for asylum, and you have not yet received a final rejection of your application for asylum, you can submit and have an application processed, if you apply for a residence permit under the Pay Limit scheme or the Positive list.
Normally you cannot submit an application for a residence permit and have it processed, if you have received a deadline to leave Denmark.
If you choose to submit an application anyway we will reject to process it. This means that we will not consider whether or not you fulfill the conditions for a residence permit.
However, there is one exception to the rule, namely if you have had a job for a longer period of time in Denmark, and your residence permit as an accompanying spouse, or as family-reunified has been revoked, or your application for a an extension of a permit based on family reunification has been refused.