Divorce or end of cohabitation
If you were granted a residence permit on the grounds of family reunification with a spouse/partner and you leave each other you no longer meet the requirements for your residence permit. This will also be the case if your spouse/partner has passed away.
The Immigration Service may revoke or refuse to extend your temporary residence permit if the grounds on which it was granted no longer apply. Examples of this include, if you were granted a residence permit on the grounds of family reunification with a spouse/partner, and you divorce your spouse or your cohabitation with your partner ends. This will also be the case if your spouse/partner has passed away.
Personal situation taken into consideration
If you have residence permit on the grounds of family reunification with a person, who is not a refugee
If your personal situation indicates that revoking or denying extension of your residence permit would be particularly traumatic, the Immigration Service will not revoke or deny extension of your residence permit.
Some of the things the Immigration Service will consider are:
- Your attachment to Danish society, including the duration of your residence in Denmark
- Your age, health, and other personal circumstances
- Your attachment to others in Denmark
- Consequences to close family members living in Denmark
- Your attachment to your home country
- Whether returning to your home country would endanger you
If you have residence permit on the grounds of family reunification with a refugee
Your residence permit must normally be revoked unless it violates Denmark’s international obligations including in particular Article 8 of the European Convention on Human Rights. This means, among other things, that your connection to, for example, the labour market, activity in non-profit organizations and your Danish language skills will be given less weight when assessing whether you can retain your residence permit than if you have residence permit on the grounds of family reunification with a person who is not a refugee.
Victims of domestic violence
There are special possibilities for keeping a residence permit, if you are victim of violence, abuse or other mistreatment. This applies regardless of whether you are family reunified with a spouse/partner who is a refugee or a spouse/partner who is not a refugee. The Immigration Service can choose not to revoke your residence permit, if you have left your spouse or partner because you or your child are the victim of domestic violence, abuse or other mistreatment. This includes repeated or serious psychological abuse. This also applies even if you have only resided in Denmark for a shorter period of time.
In order for the authorities to consider making an exception in your case you must document or provide convincing proof that you or your child has been exposed to domestic violence, abuse or other mistreatment.
All forms of documentation that can shed light on the practice of violence will be included in the assessment of whether the violence etc. has taken place. It can be, for example, a police report (if the violence etc. has been reported to the police), statements from social workers, or reports from a hospital emergency room, general practitioner or crisis centre.
You must also verify that domestic violence, abuse or other mistreatment is the real reason you no longer live with your spouse/partner.
Residing in Denmark for longer than two years prior to the end of cohabitation will generally be regarded as sufficient grounds for permitting you to retain your residence permit, if you have displayed a willingness and an ability to integrate in the Danish society, e.g. if you are looking for a job or have received Danish lessons.
If you have resided in Denmark for less than two years, you will also be able to retain your residence permit if you have displayed a willingness and an ability to integrate in the Danish society. The assessment of this will include, for example, whether you have a job or are studying in this country. If you are not in work or studying, for example, emphasis can also be placed on whether you are actively looking for a job, participating in Danish education, activity in non-profit organizations or the local community, etc.
It will also be included in the assessment if your integration has been made difficult by your spouse or partner, e.g. by confinement in the home or the like.
The Immigration Service's hotline
The Danish Immigration Service has a hotline that you can call and get guidance if you have been exposed to violence or negative social control etc. On the hotline you can, for example, get answers to questions about your residence permit. Read more about the hotline
Asylum in Denmark
If you meet the conditions for asylum, you can get a residence permit as a refugee in Denmark. You can only apply for asylum if you are staying in Denmark. Read more about asylum
Residence permit holders whose spouses have passed away
There are special possibilities for keeping a residence permit, if your spouse/partner passes away. This applies regardless of whether you are family reunified with a spouse/partner who is a refugee or a spouse/partner who is not a refugee. The Immigration Service can allow you to retain your residence permit if your cohabitation with your spouse/partner ends due to his/her death. This applies even if you have lived in Denmark for a short period.
Residing in Denmark for longer than two years prior to the time of your spouse/cohabitant's death, will generally be regarded as sufficient grounds for permitting you to retain your residence permit, if you have displayed a willingness and an ability to integrate in the Danish society, e.g. if you are looking for a job or have received Danish lessons.
If you have resided in Denmark for less than two years at the time of your spouse's/partner's death, you will also be able to retain your residence permit if you have displayed a willingness and an ability to integrate in the Danish society. The assessment of this will include, for example, whether you have a job or are studying in this country. If you are not in work or studying, for example, emphasis can also be placed on whether you are actively looking for a job, participating in Danish education, activity in non-profit organizations or the local community, etc.