Permanent residence – Waived requirements due to disabilities

The UN Convention on the Rights of Persons with Disabilities defines a person with a disability as someone who has “long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

That you have a disability does not necessarily mean that you are exempt from meeting all the requirements for a permanent residence permit. The Immigration will decide whether the disability can result in an exemption from one or more requirements, which the disability prevents you from meeting. 

If you want to apply for exemption from meeting one or more of the requirements to be granted permanent residence due to a disability, you must inform is about the disability that is the reason for exemption. In connection to this, you must state which requirements you wish to be exempt from meeting. 

Documentation for your disability – medical certificate

Normally you must attach documentation (medical certificate) on the disability. The medical certificate must be created and signed by a person with a medical background. The medical certificate must normally not be older than 6 months at the time the application is submitted.   

The medical certificate should contain information about the following:

• The disability (diagnosis) that is the reason for your wish to be exempt from meeting one or more of the requirements including which requirements this is. 
• Medication or other treatments the doctor has prescribed in relation to your disability, if applicable. 
• A detailed description of why the doctor assess, that you cannot meet the requirements you wish to be exempt from meeting. 
• Whether you can still meet the requirements despite your disability if you receive special help. E.g. whether you will be able to complete a Danish language test if you are offered special practical measures and technical aid and is given an extended test period. 
• Whether it is assessed that you will be able to meet the requirements in the future if you e.g. receive special help. 
• Whether the doctor is your normal practitioner or you have only been in contact with the doctor in order to have the medical certificate for the application for permanent residence permit made.  

You yourself must pay for the cost of the medical certificate used for the application for permanent residence permit. 

Exemption from the basic requirements

If you have a disability that prevents you from meeting one or more of the basic requirements for a permanent residence permit, you will be exempt from meeting these requirements, if the UN Convention on Rights of Persons with Disabilities dictates it. You can only be granted an exemption from requirements your disability prevents you from meeting.

Regardless of the nature of your disability, you cannot be granted an exemption from the following requirements:

• You need to have a valid residence permit
• You need to be over 18
• You need to have been a legal resident of Denmark for eight years or more uninterrupted (in certain cases four)
• You may not have been convicted of certain types of crimes.

Exemption from the supplementary requirements

If you do not meet one or more of the supplementary requirements due to a disability, as defined by the UN Convention on Rights of Persons with Disabilities, you will be credited with meeting the requirement (or requirements) in question.

This means that if you cannot meet one of the four supplementary requirements due to your disability, you only need to meet one of the other supplementary requirements.

If you cannot meet two of the supplementary requirements due to your disability, the two requirements will be considered met, and you will not have to meet any of the other supplementary requirements.