Family reunification with a Danish citizen under EU regulations

You are a family member to a Danish citizen who has exercised his or her right to free movement and established actual and real residence in another EU country. You have resided and lived together as a family with the Danish citizen in the other EU country. You now want to return to Denmark. EU countries, as used below, refers to EU countries, EEA countries and Switzerland.

Normal processing time
3 months

Processing fee
No fee

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Who can apply for family reunification with a Danish citizen under EU regulations?

You may be covered by the EU regulations as a family member to a Danish citizen, if you are the spouse of a Danish citizen, have been a cohabiting partner of the Danish citizen for at least 18 to 24 months or if you are under the age of 21 and the child of either the Danish citizen or the Danish citizen’s spouse. 

Registered partners and cohabiting partners over the age of 18 are treated as spouses. Cohabiting partners are people who live at a common address and are involved in a long-term relationship - normally with a duration of at least 18 to 24 months before you apply for residence in Denmark.

Other family members - e.g. children over the age of 21 and parents - can, in certain situations, be covered by EU regulations if a number of specific conditions are met.

You must be able to document that you are a family member to the Danish citizen.

If you are a spouse, you must submit your marriage certificate.

If you are a child of the Danish citizen and/or his or her spouse, you must submit a birth certificate or certificate of naming that also indicates the name of your parents.

If you are related to the sponsor in some other way, this must be documented with the relevant certificates.

Certificates in other languages than English or one of the Nordic languages can, as a rule, not be taken into consideration as part of the case unless you also submit a translation into English or one of the Nordic languages. Marriage or birth certificates in other languages, issued in a format in such a way that the contents can be understood without knowledge of the original language can, however, often be taken into consideration. Documents must always be translated by a professionel translator and submitted along with a copy of the original certificate.

In some instances, it may be necessary for SIRI to authenticate the foreign certificate.

Cohabiting partners

A cohabiting couple can under EU regulations be treated as spouses when the cohabitation can be considered to be sufficiently stable. This normally means between 18 to 24 months of documented stable cohabitation at a common address before applying for residence in Denmark.

As a rule, the 18 to 24 months of cohabitation must be continous. When assessing whether the cohabitation i sufficiently stable, a specific assessment will take place which will take into consideration any breaks in continuity and the duration of these. A break in cohabitation can result in the period of cohabitation to be calculated from the date when cohabitation begins again.

Examples of documents that can be used to support claims of stable cohabitation at a common address can be seen under the tab "How to apply".

In case of cohabitation, the Danish citizen must sign a declaration that he or she will financially support the applicant. This happens as part of completing the relevant application form OD2.

Your relationship must be genuine and not established solely for the purpose of obtaining grounds for residence. You must sign a sworn declaration under the penalty of perjury attesting to this. This happesn as part of completing the relevant application form OD2.

SIRI may call you in for an interview to assess whether your relationship is genuine.

If you have a child under the age of 21 who has resided with you and your Danish family member in the other EU country, the child may be covered by EU regulations. A separate application must be completed and submitted for the child.

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What are the conditions?

There are a number of factors that you must be aware of and conditions that must be met before you can obtain a residence document as a family member to a Danish citizen under EU regulations.

The establishment of actual and real residence in another EU country by your Danish family member is a requirement in order for you to have a derived right to reside in Denmark under EU regulations.

Actual and real residence in another EU country means that your Danish family member has lived his or her life and have made arrangements in such a way that it shows that he or she has spent his or her life in that country up until his or her return to Denmark. There must be an actual and real relocation to that EU country and not, for example, just a short-term stay in a hotel room or family visit.

The documentation you submit must therefore show that your Danish family member has experienced the consequences that naturally follow from relocating to another country and physically residing there.

When SIRI has to assess whether your Danish family member has had actual and real residence in another EU country, we take into consideration, among other things, whether your Danish family member during his or her stay in the other EU country has had housing, has consumed daily necessities, has paid ordinary fixed expenses and has otherwise been present in the other EU country during the period in question.

There is no minimum requirement to the length of stay of your family member in the other EU country, but it is a condition that your Danish family member has established actual and real residence in the country, which normally presupposes a stay of a certain length.

In case of an extended stay in another EU country, the documentation of your Danish family member's actual and real residence can be limited to the last 6 months before the return to Denmark.

As a rule, your Danish family member has exercised the right to free movement if he or she has resided in another EU country as one of the following:

  • worker or retired worker
  • self-employed or retired self-employed person
  • posted service provider or retired posted service provider
  • student at an institution approved or financed by the public sector - who have supported him- or herself during the stay
  • person with sufficient funds (self-supporting). This means that your Danish family member has had sufficient income or funds to support him- or herself financially and support any family members.

If your Danish family member has been employed in Denmark during his or her residence in the other EU country, then he or she cannot, as a rule, be considered to have had grounds for residence in that EU country as a worker. To have grounds for residence as a worker in another EU country, it is a requirement that your Danish family member has been employed in that country. The income from your Danish family member's employment in Denmark, can instead mean that he or she has had grounds for residence as a person with sufficient funds (self-supporting) in the other EU country.

It is important that you state the correct grounds for residence of your Danish family member in the other EU country and submit the correct documentation for this when you apply.

You must have resided in the other EU country and lived together as a family with your Danish family member. You are not necessarily required to have resided with your Danish family member during the entirety of his or her stay in the other EU country. It is, however, important that you have lived together in that other EU country particularly during the final part of the stay before moving back to Denmark. It is not a condition that you have obtained an EU residence document in the other EU country, but such a document or lack there of will be part of the total assessment of your residence in the other EU country. In general, it must appear that your have been present in the other EU country and that you have lived together as a family with your Danish family member.

There must not be a significant time gap between your Danish family member’s exercising of the right to free movement in another EU country and the application for family reunification under EU regulations.

Your Danish family member must therefore maintain his or her grounds for residence in the other EU country (for example, being an employee) up until the return to Denmark.

If your Danish family member for a certain period of time prior to returning to Denmark has not maintained his or her grounds for residence in the other EU country, he or she will normally not be covered by EU regulations when returning to Denmark, and you will therefore not be able to derive a right to reside from your Danish family member.

If your Danish family member who has been residing in another EU country has already returned to Denmark, then one of the following conditions must also be met:

  • You must have travelled to Denmark at the same time as your Danish family member or in connection with his or her return to Denmark

 

or

  • The application for family reunification under EU regulations must be submitted at the same time as, or in connection with, your Danish family member's return to Denmark.

If you do not submit an application for family reunification under EU regulations until after your Danish family member's return to Denmark, SIRI will make a concrete assessment of whether your application can be considered to have been filed in connection with it.

The return to Denmark implies in this connection that it has been undertaken for the purpose of establishing actual and real residence and the exercise of the right to family life. A brief visit here in the country does not, in and of itself, imply that you and your Danish family member are considered to have returned to Denmark.

If you are a family member to a Danish citizen who lives in Denmark and who has not exercised the right to free movement in another EU country, you cannot obtain a residence document in Denmark under EU regulations. Instead, you can apply for family reunification under the national rules (Aliens Act) in the Danish Immigration Service.

Read more about family reunification under the Aliens Act here.

In very special cases you can, as a family member to a Danish citizen, be covered by EU regulations, even if your Danish family member has not established actual and real residence in another EU country. This would be the case if, for example, your Danish family member lives and is self-employed in Denmark and in this capacity and to a certain extent provides cross-border services to other EU countries, and consequently uses a certain proportion of working hours on business trips to other EU countries. A lower limit for how small a proportion of working hours your Danish family member must use on cross-border services has not been established, but 30 pct. of working hours will typically be assessed to be sufficient.

This can also be the case if your Danish family member lives in Denmark and is an employee under EU regulations in another EU country and, as a result, regularly travels there (cross-border worker), or is employed in Denmark by a domestically based employer, but within the framework of his or her employment contract performs a certain amount of weekly work in another member state (business trips). In addition, we require that you have lived together as a family in Denmark and that the family reunification is necessary to ensure that your Danish family member can exercise his or her right to reside (i.e. free movement) in another EU country. Finally it is a condition that you have entered Denmark legally.

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What rights do an EU residence document give me?

An EU residence document is proof of a right that you, as an EU citizen (or the family member to an EU citizen), have when you enter Denmark, if you meet the conditions for grounds for residence under EU rules. This means you have the right to reside, work or study in Denmark with or without an EU residence document.

In Denmark, you will, however, in many situations need a Civil Registration System (CPR) number. You must present your EU residence document to your municipality of residence to be given a CPR number (and health insurance card and the like). The information below explains the rights an EU residence document (and CPR number) conveys to you, as well as the limitations that are placed on your residence.

 

As an EU citizen, you may freely enter Denmark and you may begin to work upon arrival. You do not need a permit to work in Denmark.

There is no limit on the number of hours you may work while living in Denmark. This also applies if you are studying in Denmark.

You do not need an EU residence document in order to begin work. This is the case even if you have – or have applied for – a residence document as a worker, as a self-supporting individual or for some other reason.

If you are a third-country citizen and fulfil the conditions for grounds for residence as a family member to an EU citizen, you have the same rights to reside and work in Denmark as the EU citizen.

You also have the right to reside in Denmark while your application for an EU residence document as a family member to an EU citizen is being processed.

However, whether you, as a third-country citizen, have the right to work while the application is being processed depends on whether you meet the conditions for the grounds for residence as a family member to an EU citizen.

During your stay in Denmark as a family member to a Danish citizen under EU rules, your Danish family member must as a rule be able to support him- or herself and his or her family financially - including you.

Depending on your Danish family members grounds for residence in the other EU country before returning to Denmark, it can have consequences for your right to reside in Denmark if one of you - or both of you - receive benefits, for example cash benefits, under the Active Social Policy Act (lov om aktiv socialpolitik).

If this is the case, your right of residence can be terminated and you can lose your right to be in Denmark.

Benefit payments from the municipality or any other public authority to a foreign national are reported to SIRI. SIRI will then assess whether this affects your grounds for residence. 

If your Danish family member had grounds for residence under EU regulations as a worker in the other EU country - and if your Danish family member continues to maintain his or her status as a worker as defined by EU regulations after returning to Denmark - receiving the above-mentioned benefits will normally not in and of itself lead to termination of your right of residence.

Read more about what you are allowed to receive and what you are not allowed to receive in public benefits when you have been granted an EU residence document by SIRI.

If you plan to live and work in Denmark, there are several things you need to consider. Depending on your situation, there may be more important information you need to be aware of.

The website lifeindenmark.dk contains information about:

• MitID digital login solution
• Obtaining a civil registration number (CPR)
• Obtaining a health-insurance card
• Taxation
• Holiday
• School and childcare
• Housing
• Danish-language courses
• Car registration and driving licenses

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How long can I stay in Denmark?

You can stay in Denmark for as long as you continue to meet the conditions for your grounds for residence.

 

As an EU citizen, you may freely enter Denmark. 

If you plan on remaining in Denmark for less than three months, you do not need to apply for an EU residence document. If you are seeking employment, you may remain in Denmark for up to six months before obtaining a residence document.

If you plan on being in Denmark for longer than three months, or six months if you will be seeking employment, you need to apply for an EU residence document. If you have a residence document, you may remain in Denmark indefinitely, provided you meet the conditions for your grounds for residence. There is no date of expiry for residence documents. 

If your grounds for residence are terminated – e.g. if your familial relation to the Danish citizen is terminated – you must apply for a new residence document on other grounds – e.g. as a worker or person with sufficient funds. If you are uncertain whether you meet the conditions for new grounds for residence, you must contact SIRI.

If you are a third-country citizen and accompanying family member to a Danish citizen under EU rules, you have the right to stay in Denmark while we process your application. If you have received a residence card, it will be valid for as long you meet the conditions for your grounds for residence. There will be an expiry date on your residence card, but your EU right of residence will be terminated if you no longer have grounds for residence in Denmark. Regardless of your situation, you must apply for an extension of your residence card when it expires.

If you continuously have met the conditions for grounds for residence in Denmark under EU rules for five years, you can – regardless of whether you are a citizen of an EU state or a country outside the EU / EEA and Switzerland  – apply for a permanent right of residence under EU rules. If you hold a permanent right of residence you do not necessarily need to continue to meet the conditions for your original grounds for residence. Please note, however, that your permanent right of residence can terminate if you reside outside of Denmark for an extended period.

Read more about permanent residence here

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What happens if I no longer meet the requirements?

If you have grounds for residence under EU rules as a family member to a Danish citizen who has returned to Denmark after having exercised the right to free movement in another EU country, and you no longer meet one or more of the conditions, your grounds for residence will normally be terminated.

This would be the case if, for example, you were divorced from the Danish citizen, if the Danish citizen left Denmark, or if you can no longer derive the right to residence from the Danish citizen because he or she no longer meets the conditions.

 

If you will be leaving Denmark in connection with the changed situation you do not need to do anything about your grounds for residence. All you need to do is to inform the Civil Registration System that you will be leaving Denmark. You can do this on-line at lifeindenmark.dk (requires NemID).

If you would like to remain in Denmark, SIRI can help you determine whether you have other grounds for residence.

If you are an EU citizen yourself and you believe you meet the conditions for other grounds for residence than as a family member to a Danish citizen, for example, as a self-supporting individual or worker, you can submit an application on these grounds.

If you are an EU citizen yourself and you believe you meet the conditions for other grounds for residence than your family member, for example as a worker or a self-supporting individual, you can submit an application on these grounds.

If you are a third-country national and your right of residence under EU rules has expired, you may be covered by the Educational Attachment scheme.

Special rules apply when you submit an application on the basis of the Educational Attachment scheme. You can only submit such an application after we have made a decision that your right of residence is considered to have expired. However, you must submit the application no later than 7 days after we have made the decision that your right of residence has expired.

Read more about the Ecucational Attachment scheme

SIRI will write to you to inform you if it is considering making a decision that could affect your grounds for residence. In such instances, you will have the opportunity to provide information or documentation to support extending your residence.

If you no longer meet the conditions for grounds for residence under EU rules, your ties to Denmark will be considered as one of several factors that could influence whether you retain your right to residence. Other factors include how long you have lived in Denmark and your attachment to the labour market here.

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Can my family qualify for an EU residence document?

Grounds for residence under EU rules as a family member to a Danish citizen are derived, and thus not independent grounds for residence.

If you have grounds for residence because you are a family member, your family cannot obtain an EU residence document based on their relationship with you. In other words, your family cannot derive a right to reside from your own derived right of residence.

In some cases, your family will be able to obtain an EU residence document as family members to the Danish citizen. This requires, amongst other things, that your family member has resided in the other EU country together with you and the Danish citizen.

Family members of an EU citizen who originally had grounds for residence as a family member but who now holds a permanent right of residence under EU rules can obtain a derived right of residence.

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What more do I need to know before I apply?

Applications for a residence document under EU rules should be submitted to the Agency for International Recruitment and Integration (SIRI). 

The ‘How to Apply’ tab to the right provides more information about the application process, as well as the application form itself. 

As a rule, SIRI makes its decision based on the information and documents that you submit together with the application form. In some cases, SIRI will need to contact you for further information. 

Please note that SIRI will only request information from you. Your employer, for example, will not be contacted to provide information. 

Likewise, SIRI will not provide information about your application to others than you. If SIRI is contacted – by telephone or in writing – by anyone other than you requesting information about your application, the request will normally be turned down. 

You may grant SIRI permission to give information about your application to others than yourself. To grant someone else permission to receive information, you must submit a power of attorney in advance. The power of attorney needs to indicate by name the individuals authorised to receive information about your application.

If you state in your application that you are being represented by a solicitor, you do not need to submit a power of attorney. Solicitors, due to their profession, are automatically granted power of attorney. If you are being represented by a solicitor, SIRI will send all correspondence about your application to your solicitor.

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In this tab, you can read about the application process.

You must submit your application to the Danish Agency for International Recruitment and Integration (SIRI).

As part of the process, you must usually appear in person at one of SIRI’s branch offices in Copenhagen, Odense, Aarhus, Aalborg, Esbjerg, Sønderborg or on Bornholm.

Before reading this tab about submitting an application for EU residence, we recommend that you read about the conditions for residence as an accompanying family member of an EU-citizen etc. in the 'Need to know' tab to the left. 

Please note that processing your application may take longer, if you do not submit the necessary documentation. It is therefore a good idea to use the checklist below.

Expect to use

60 minutes

per person to complete the application

2 persons

You and your danish family member must each complete a part of the application form

In this step you have access to the relevant application forms OD2/A-C.

Each appplication form contains instructions on how to complete it and what kind of documents you must submit along with the form. 

The forms do not exist in online versions. When you have chosen the correct form, it must be printed out, completed and submitted in person at one of our branch offices together with the relevant documentation. You can also submit your application and the relevant documentation via SIRI's contact form. You can read more in the next step on how to submit the application form to SIRI.

Application form for family reunification with a spouse, partner etc.

Download the printable form OD2/A (Pdf format)

Download the printable form OD2/A (Word format) 

 

Application form for family reunification for children below 21 years of age

Download the printable form OD2/B (Pdf format)

Download the printable form OD2/B (Word format) 

 

Application form for family reunification for other family members

Download the printable form OD2/C (Pdf format)

Download the printable form OD2/C (Word format) 

 

You can read more about how we process your personal data here.

Submit the application in person

You can submit your application in person at SIRI’s branch offices in Copenhagen, Odense, Aarhus, Aalborg, Esbjerg, Sønderborg and on Bornholm.

Find information on the addresses and opening hours of SIRIs branch offices here

Remember to book an appointment at SIRI. Before you submit your application to SIRI, you must book an appointment

You must always bring your original passport when you appear in person at one of SIRI's branch offices

Submit the application using SIRI's contact form

You can also submit the application using SIRI's contact form. This requires you to save the completed and signed application form and the relevant documentation in digital form in order for you to attach it electronically. Please choose 'I have to submit an application for family reunification with a Danish citizen or permanent residence under EU regulations', if you submit using SIRI's contact form. 

You can access the contact form here

As part of the application process, you must have an ID check done when you submit your application.

If you a a citizen of a country outside the EU/EEA and Switzerland, you must also have your biometric features recorded in order to be issued a residence card. This means that you must have a facial photo taken and submit your fingerprints. Your facial photo and your fingerprints will be stored in a chip on the residence card you will receive, if you are granted a residence document.

If you do not agree to have your biometric features recorded, we cannot issue the physical residence card to you.

You can read more about biometrics here

You can have the ID check done and have your biometric features recorded at

You can have your biometric features recorded while we are processing your application. You can also chose to wait, until we have processed your application and you have received your residence document. Please note however that we cannot finish processing your application until you have had the ID check done.

You must always bring your original passport when you appear in person at one of SIRI's branch offices or at a Danish representation abroad.

You are submitting your application in Denmark

If you are staying in Denmark, you can submit the application and have the ID check done and have your biometric recorded in one of SIRI's branch offices.

You must remember to book an appointment before you appear in person. You can find SIRI's appointment booking system here

You are submitting your application abroad

If you are submitting an application from abroad, you can choose to have your ID check done and your biometrics recorded at a Danish representation or application center abroad.

See the Ministry of Foreign Affairs' list of Danish representations and application centers, where you can have your biometric features recorded (opens in a new window)

In a number of countries, Denmark does not have a Danish representation or an application center. If that is the case, the list will refer you to one of the Norwegian representations, Denmark has entered into an agreement with, or to the nearest Danish representation or application center in the region.

However, please always check if the specific representation or application center is handling visa and/or residence applications.

If you are not able to have your biometric features recorded abroad, you can wait until you have received your residence document and have traveled to Denmark. Biometrics are necessary in order to issue a residence card for you.

We recommend that you check the website of the representation in order to find more information, before submitting your application. The specific representation can make further requests such as payment of a fee, additional passport photos or duplicate copies of the application.

 

You can see the normal case processing time to the right of this tab. When we make a decision in your case, you will receive an answer.

SIRI will contact you or your employer if we need further information to process your case. In some cases, we will need to obtain further information, e.g. from other public authorities, including SKAT and the police and relevant authorities abroad.

You have the right to reside and work in Denmark while you wait for an answer.

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Last updated 08-07-2024 - Published by: SIRI