Termination of residence permit on the grounds of family reunification with a refugee

If your residence permit has been revoked or an extension denied, and you do not hold another residence permit, you will be given a deadline to leave Denmark. After this point, you will be considered an illegal resident in Denmark. If you are residing illegally in Denmark you risk being expelled and given an entry ban. To be expelled from Denmark means you will be banned from entering all EU and Schengen countries, including Denmark, for up to two years. If you are expelled, you may be deported by the police. You can appeal the decision to the Immigration Appeals Board. The appeal must be submitted no later than 8 weeks after you have received the decision. The appeal will normally be refused if it is submitted later than this deadline. If you appeal the decision, you can ask the Immigration Appeals Board to decide whether you may continue to stay and work in Denmark while the appeal is being processed by the Board (so-called suspensive effect).

If your residence permit is revoked or an extension is denied the Immigration Service will inform your possible current and previous employers, who have reported salary to you in the income register within the last 3 months from the time of the decision.

Your residence permit can be revoked or an extension denied for a number of reasons explained below.

If your situation changes

The Immigration Service may revoke or refuse to extend your 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, and you and your spouse/partner are no longer living together Read more about divorce and death
• If your spouse/partner was required to meet the housing requirement and he/she no longer has accommodation of adequate size at his/her disposal.
• If your spouse/partner had to meet the requirement that his/her residence is not placed in a specified area that is mentioned on the housing requirement list, and you have moved to such an area afterwards.
• If you or your spouse/partner was required not to have received public assistance under the terms of the Active Social Policy Act or the Integration Act, and this is no longer met.

Fraud

The Immigration Service has the right to revoke or refuse to extend your residence permit if you are found to have obtained it by giving the authorities false information. This applies regardless of whether you hold a temporary or a permanent residence permit.

Missing passport

The Immigration Service has the right to revoke or refuse to extend your temporary residence permit if you no longer possess a valid passport or other legitimate form of travel documents.

The Schengen Information System (SIS)

The Immigration Service has the right to revoke or refuse to extend your residence permit if you have been reported as an undesirable in the Schengen Information System (SIS). You must have been reported because of serious crimes which would warrant deportation if committed in Denmark.

This applies regardless of whether you hold a temporary or permanent residence permit. 

If your spouse/partner’s residence permit is revoked or extension is denied

If your spouse/partner’s residence permit is revoked or extension is denied, your residence permit can also be revoked or extension can be denied. This is due to the fact that the ground for your residence permit in that case no longer is present.

Other circumstances

The Immigration Service also has the right to revoke or refuse to extend your residence permit if you are considered a threat to national security, to public order, safety or health. Your residence permit can also be revoked if you are a war criminal, or have committed serious non-political crime outside Denmark. Finally, your residence permit can be revoked if, while outside Denmark, you have been convicted of a crime which would warrant deportation if committed in Denmark.

The residence permit may be revoked for these reasons regardless of whether you hold a temporary or permanent residence permit.

Your personal situation

If the grounds for your residence permit is no longer is present, or you do not fulfill one or more of the requirements for your residence permit on the grounds of family reunification with a refugee, your residence permit can be revoked or extension can be denied unless it violates Denmark’s international obligations including in particular Article 3 and 8 of the European Convention on Human Rights. In the assessment of this less weight is attached to your attachment to e.g. the labour market, activity in non-profit organizations and your Danish language skills than if you have residence permit on the grounds of family reunification with a person who is not a refugee.

Residence abroad can make your residence permit lapse

If you leave Denmark for an extended period of time, or if you no longer maintain a residence in Denmark, your residence permit can lapse. Read more about lapsing of a residence permit