If you get divorced or your cohabitation with your partner/parent ends, or your spouse/partner or parent dies
What happens to your residence permit if you are in Denmark as an accompanying spouse, partner or child - but get divorced, or your cohabitation ends? Or what happens to your residence permit if you are in Denmark as an accompanying spouse, partner or child, and your spouse, partner or parent dies?
If you get divorced, or your cohabitation ends, as a rule you no longer meet the conditions for your residence permit as an accompanying family member of a foreign employee or student in Denmark. Your permit will be revoked, unless special circumstances apply, and you must therefore leave Denmark.
You are obliged to inform SIRI if you are in Denmark as an accompanying family member and your family situation changes.
If you get divorced or your cohabitation ends, your permit will be revoked, except if there are extraordinary circumstances.
A residence permit as an accompanying family member is granted with a view to temporary residence, and only in absolutely exceptional circumstances can we refrain from revoking your permit.
This could for example be the case if you suffer from a serious disease.
Before we revoke your permit, we will always offer you the opportunity to inform us about exceptional circumstances that can influence our decision. If it is possible you will have to document such circumstances.
Special rules apply if you no longer live with your spouse/cohabiting partner or parent because you or your child have been subjected to abuse etc. by your spouse/cohabiting partner. For instance, abuse etc. can be if you or your child have been subjected to physical or mental violence, assault or other harm, including negative social control.
In such cases, you must prove to SIRI that you or your child have been subjected to abuse etc.
You can send any kind of documentation that you or your child have been abused etc. For instance, this could be:
- Police reports and any copy of the court judgment.
- Reports from emergency rooms and general practitioners.
- Statements from e.g. municipalities and crisis centres.
- Copies of text messages or messages on social media if they support your statement.
- Anything else that may support your statement.
You must also prove that the abuse etc. is the reason why you no longer live with your spouse/cohabitant, and you must have shown intentions and ability to integrate into the Danish society.
- For instance, this could be:
- Employment.
- Voluntary work.
- Danish lessons.
- Participation in associations or in the local community.
It will be included in our assessment if your integration has been hindered by your spouse/cohabiting partner, e.g. through domestic confinement, negative social control or similar.
Special rules apply if your spouse/cohabiting partner or parent dies.
In that case, you must send documentation that your spouse/cohabiting partner is deceased in the form of a
death certificate.
If your spouse/cohabiting partner or parent is deceased, you must prove that you have shown intentions and ability to integrate into the Danish society.
You can send all kinds of documentation to prove that you have shown intentions and ability to integrate into the Danish society. For instance, this could be:
-
Employment.
-
Voluntary work.
-
Danish lessons.
-
Participation in associations or in the local community.
If you wish to continue your residence in Denmark, as a rule you will have to apply for a new permit on a new basis, this could be on the basis of work or study.
If you submit a new application in Denmark, it is important that you do it before the revocation of your present permit.
Read more about legal residence and submission
If you apply on a new basis before the revocation of your permit as an accompanying family member, you can stay in Denmark while we process your new application.
But if you apply on a new basis after the revocation of your previous permit, you will have to apply from abroad. If you are in Denmark when you apply, your application will be rejected.
Rad more about application on the basis of work
Read more about application on the basis of study
However, special rules apply for the submission of applications under the Labour Market Attachment scheme. Such an application can only be submitted after the permit that you hold has either been revoked or refused extension (but no later than 7 days after).
Read more about the Labour Market Attachment scheme
There are also special rules for submitting an application based on the Educational Attachment scheme. Such an application can only be submitted after the permit that you hold has been revoked or refused extension. However, you must submit the application no later than 7 days after we have made a decision that your residence permit has been revoked or refused renewal.
If you do not wish to continue your residence in Denmark due to your divorce or termination of cohabitence you can leave Denmark according to your own plan – but not later than the deadline of departure stated in your letter of revocation.