Family reunification with a Danish citizen under EU regulations

You are a family member to a Danish citizen who has used their right to free movement and established genuine and effective 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. In the following text, we use the term "EU country" as a collective term of the EU/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 their 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 they 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 the EU regulations. A separate application must be completed and submitted for the child.

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What are the conditions?

You and your Danish family member must meet a list of conditions before you can receive a residence document as a family member to a Danish citizen under the EU regulations.

In order for you to have a derived right of residence in Denmark from your Danish family member under the EU regulations, your Danish family member must have established a genuine and effective residence in another EU country.

Genuine and effective residence in another EU country means that your Danish family member has lived their life and arranged themselves in such a way that shows that they have spent their life in that country up until their return to Denmark. A genuine and effective relocation to that EU country must have taken place, and not simply a short-term stay, for example in a hotel room or family visit.

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

When SIRI assesses whether your Danish family member has had a genuine and effective residence in another EU country, we take different factors about their residence in the other EU country into consideration. Among other things, we take into consideration whether they:

  • have had housing (paid rent/loan installments)

  • have consumed daily necessities (purchase of groceries etc.)

  • have paid ordinary fixed expenses

  • have otherwise been present in the other EU country during the period in question.

If your Danish family member has worked in Denmark during their residence in the other EU country, we typically also take into consideration whether they have paid expenses for transportation in connection with commute between the residence in the other EU country and the workplace in Denmark.

There is no minimum requirement to the length of your family member’s residence in the other EU country, but it is a condition that your Danish family member has established a genuine and effective residence in the country, which normally implies a residence of a certain length.

If your Danish family member has had an extended residence in the other EU country, the documentation of your Danish family member's genuine and effective residence can be limited to the last 6 months before their return to Denmark.

You can see examples of which documents may be relevant to attach as proof of genuine and effective residence in the tab "How to apply"

As a rule, your Danish family member has used their right to free movement if they, up until their return to Denmark, have resided in another EU country under the EU regulations as, for example, one of the following:

  • an employee at a company in the other EU country

  • a self-employed person in the other EU country

  • a student at an educational institution in the other EU country that is approved or publicly financed

  • a person with sufficient funds (self-supporting). This means that your Danish family member has had sufficient income or funds to support themselves and you financially.

If your Danish family member has been employed or worked as a self-employed person in Denmark during their residence in the other EU country, their grounds for residence in that EU country have, as a rule, not been as an employee or as a self-employed person. In order to have grounds for residence as an employee or as a self-employed person in the other EU country, it is a requirement that your Danish family member has been employed or worked as a self-employed person in the country in question.

The income from your Danish family member's work in Denmark can instead mean that they have had grounds for residence as a person with sufficient funds (self-supporting) in the other EU country.

When you apply, it is important that you inform us of your Danish family member’s correct grounds for residence in the other EU country in the application, and that you attach the correct documentation proving this.

You must have resided in the other EU country with your Danish family member and have lived together as a family.

It is a requirement that you have resided together in the other EU country for a certain period.

You are not necessarily required to have resided with your Danish family member during the entirety of their residence in the other EU country. However, we pay special attention to the final part of the residence before you both moved to Denmark.

It is not a condition that you have recieved a residence permit in the other EU country, but such a document, or lack thereof, will be part of the total assessment of your residence in the other EU country.

You can see examples of which documents may be relevant to attach as proof of your residence in the other EU country in the tab "How to apply"

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

This means that your Danish family member must maintain their grounds for residence in the other EU country (e.g. as an employee) up until their return to Denmark.

If your Danish family member has not maintained their grounds for residence in the other EU country for a certain period of time before returning to Denmark, they will normally not be covered by the EU regulations when returning to Denmark. You will therefore not have a derived right of residence in Denmark from your Danish family member.

If your Danish family member, who has been residing in another EU country, has already returned to Denmark, it is a condition that you must either:

  • have entered Denmark at the same time as your Danish family member’s return to Denmark

or

  • have submitted your application for family reunification under the EU regulations at the same time as your Danish family member's return to Denmark.

If you enter Denmark after your Danish family member has returned to Denmark, we will do a specific assessment of whether your family life can be considered interrupted or expired during the period that you have not spent together. The same applies if you send an application after your Danish family member returns to Denmark.

You and your Danish family member’s return to Denmark must have been done with the purpose of establishing a genuine and effective residence, and living together as a family. A brief visit to Denmark does not, in and of itself, imply that you and your Danish family member are considered to have returned to Denmark.

As a rule, you cannot receive a residence document under the EU regulations if your Danish family member has not resided in another EU country. Instead, you can apply for family reunification under the Danish rules (the Aliens Act) at the Danish Immigration Service.

Read more about family reunification under the Aliens Act

In very special instances, it is possible for you to be covered by the EU regulations as a family member to a Danish citizen, even if your Danish family member has not established a genuine and effective 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, to a certain extent, provides cross-border services to other EU countries. As a result of this, your Danish family member must spend a certain amount of working hours on business trips to other EU countries

  • is employed by an employer in Denmark and performs a certain amount of weekly work in another EU country (business trips), within the framework of their employment contract.

There is no established lower limit for how large a proportion of working hours your Danish family member must spend on preparing for and completing business trips, in connection with their provision of services/work in the other EU country. However, 30 pct. of their working hours will typically be assessed as sufficient.

In certain instances, you can also be covered by the EU regulations if your Danish family member lives in Denmark and is an employee under the EU regulations in another EU country and, as a result of this, regularly travels to the other EU country (cross-border worker).

In the examples mentioned above, you and your Danish family member must live together as a family in Denmark, and the family reunification must be necessary in order to ensure that your Danish family member can use their right to free movement in the other EU country. If you are taking care of your Danish spouse’s child, this may be a relevant circumstance when assessing whether the family reunification is necessary.   

In all of the examples mentioned above, you must 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 have as an EU citizen (or the family member to an EU citizen) when you enter Denmark if you meet the conditions for grounds for residence under the EU regulations. 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 (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 an employee, as a self-supporting person 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 the EU regulations, your Danish family member must as a rule be able to support themselves and their 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 the EU regulations as an employee in the other EU country - and if your Danish family member continues to maintain his or her status as an employee as defined by the 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

  • 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 an employee 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 the EU regulations, 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 as 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 the EU regulations for five years, you can – regardless of whether you are a citizen of an EU country or a country outside the EU/EEA and Switzerland  – apply for a permanent right of residence under the EU regulations. 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 about permanent residence

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What happens if I no longer meet the requirements?

If you have grounds for residence under the EU regulations as a family member to a Danish citizen who has returned to Denmark after having used 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 they no longer meet 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 online at lifeindenmark.dk (requires MitID).

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 person or an employee, you can submit an application on these grounds.

If you are a third-country national and your right of residence under the EU regulations 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 we are 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 the extension of your residence.

If you no longer meet the conditions for grounds for residence under the EU regulations, 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 the EU regulations 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 the EU regulations 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 the EU regulations 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. 

The case processing of your application may take longer, if you do not submit the necessary documentation. It is therefore a good idea to use the checklist below. By an extended residence in another EU country, the documentation for the residence can be limited to the last 6 months before your Danish family member's return to Denmark.

It must be clear who the submitted documentation is about. This can be the case if, for example, the name, CPR number or similar are clearly stated in the document. Documents without name etc. cannot be taken into consideration when making a decision regarding the case.

Posted worker

Expect to use

60 minutes

to complete the application

1 person

You complete the application form yourself (with help from your Danish family member, if relevant).

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

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

Remember to book an appointment at SIRI. Book an apppointment before you submit your application to SIRI

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. 

Access SIRI's contact form

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

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 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.

If you are a citizen outside the EU/EEA and Switzerland, you may work while we process your case if you fulfil all the conditions for residence as a family member of an EU citizen under the EU regulations. 

This means that it is at your own risk if you start working in Denmark before we have made a decision in your case. In some instances, you may be penalised for illegal work if it turns out that you have not met the conditions for residence and you have been refused residence under the EU regulations.

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Last updated 12-11-2024 - Published by: SIRI