Reopening of cases ruled by the Immigration Service

In the Alien’s Act, there are no set rules for submitting a request to the Immigration Service for reopening of a case.

However, that does not mean that you always has the right to have your case reopened. There might have passed so much time since the ruling was made, that you might be considered to have been too passive (retsfortabende passivitet). 

In making this judgment, the Immigration Service may take into account whether you were aware of and had access to an appeal guide, the period in which you were passive, and the grounds for your passivity. It can also be taken into account whether there are any extraordinary circumstances that speak for or against reopening the case.

If there is new information concerning the case, which was present when the original decision was made, a case can be reopened.

The new information must meet two requirements:

• The infomation must have been present when the original decision was made
• They must be of such importance, that the case might have had a different outcome, if the information had been known when the decision was made.

Please note that if the information concerns circumstances that presented themselves after the decision was made, your case cannot be reopened. Instead you must submit a new application.

If you or your legal representative request for a reopening of your application for residence permit during a pending appeal case, then we will forward the supplementary information to the Immigration Appeals Board.

The Immigration Appeals Board will then assess whether the case must be remitted to the Immigration Service or whether the information can be included in the appeal case.

You will be informed when the information has been sent to the Immigration Appeals Board.

If the Immigration Service has received the fee for a request for reopening, then this fee will be refunded.

Please find further information on the refund of fee here.

You usually have to pay a fee if you wish to request for a case to be reopened in one of the following areas:

• Family reunification
• Work
• Study and research
• Au pair and internship
• Religious workers
• Accompanying family
• Permanent residence permit

Certain people are however exempt from paying a fee. Read more on who must pay a fee

When you are to pay the fee for reopening of your case, you can do it below at this page. Before you pay the fee, you must create a case order id.