Danish rules and regulations regarding the possibilities of obtaining a residence permit in Denmark

Transcription

1 Memorandum: Danish rules and regulations regarding the possibilities of obtaining a residence permit in Denmark Contents 1. Introduction Short abstract Visa (short term) Permanent residence Work Authorisation for Health Personal The Positive List The Pay Limit scheme The Corporate scheme For the three schemes additional rules also comply The Greencard scheme Studying in Denmark Higher educational programmes Basic and youth study programmes Folk high schools Family Reunification Spouses, registered partners and cohabiting partners Children Other family members

2 1. Introduction This memorandum is a short review of the Danish rules and regulations regarding the possibilities of obtaining a residence permit in Denmark. The memorandum is based on the websites: and The memorandum seeks to provide a short introduction to the Danish rules and regulations within this area and is targeted at au pairs currently residing in Denmark. 2. Short abstract The following section provides a short abstract which can be used for presentations and serve as basis for the development of power point slides. 2.1 It is possible to get a residence permit in Denmark via: Visa (short term) Permanent residence Work Study Family reunification 2.2 Visa Used for short stays, e.g. holiday Entitles you to spend maximum 90 days in the Schengen region Does not allow you to work or study in Denmark 2.3 Permanent residence You can apply for a permanent residence permit in Denmark if you met all the requirements. You must: Be over the age of 18 Have resided in Denmark legally for at least five years Have no criminal record Not have any overdue public debts Not have received certain types of public benefits in the last three years Have submitted a signed declaration of integration and active citizenship Have passed Prøve i Dansk 1 or a Danish language test Have held regular full-time employment and/or been enrolled in an educational programme in Denmark for at least three of the five years Be working or studying at the time of becoming eligible for permanent residence 2

3 2.4 Work Foreign nationals from a non-eu country must hold a residence and work permit in order to work in Denmark. Professional or labour market considerations will provide the basis for a work permit. This means that: o For some types of jobs an application will be turned down if there are available professionals residing in Denmark and EU/EEA. o Work permits are normally not given to fill ordinary skilled-labour vacancies o In some cases, you must obtain a Danish authorisation Furthermore you must: have a written job contract or job have a job where salary and employment conditions correspond to Danish standards A number of schemes make it easier for highly-qualified professionals to get a work permit: The Positive List The Pay Limit scheme The Corporate scheme The Greencard scheme Authorisation for Health Personal Foreign trained doctors, nurses and other health personal must obtain an authorisation before working in Denmark. You need the following documentation: Proof of identity Evidence of qualifications Evidence of fitness to practice The Positive List Targeting professions currently experiencing a shortage of qualified professionals The minimum educational level required is a Professional Bachelor's degree The jobs on the Positive lists vary according to the job situation in Denmark You can find the full list on: The Pay Limit scheme Targeting persons who have been offered a highly paid job The job must have a gross annual pay of no less than DKK 375,000 No specific requirements in relation to education, field or nature of the job The Corporate scheme Targeting companies with operations in Denmark which need to transfer employees from foreign departments to Denmark There is no specific education requirements 3

4 You must: Be employed full-time in the foreign department at the time of application Remain an employee of the foreign department while working in Denmark Perform tasks related to a specific project, or innovative or educational purposes The Greencard scheme A point system based on an individual evaluation Assesses the likelihood that the applicant will be able to find qualified work in Denmark To get a residence permit via the Greencard scheme you must obtain a total of 100 points Points are given for: educational level, language skills, work experience, adaptability and age 2.5 Study Three main categories of study can warrant a residence permit: Higher educational programmes Basic and youth study programmes Folk High schools (folkehøjskoler) Higher educational programmes Higher educational programmes are studies where you need to have completed a upper secondary school or the equivalent. You must document: That you have already been admitted to a higher educational programme That you can support yourself and pay the tuition fee, if any, with your own means That you can speak the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German Basic and youth study programmes A basic and youth study programme can be high school or a craft education. You must document: That you have already been enrolled in a basic or youth study programme That you can support yourself and pay the tuition fee, if any, with your own means That you can speak the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German 4

5 2.5.3 Folk High schools A folk high school offers different courses on for example housekeeping, art, poetry, music You must document: That you have already been enrolled to follow a course at a folk high school That you can support yourself with your own means That you have paid the course fee That you can speak the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German 2.6 Family Reunification If you have close relatives in Denmark, you can apply for a residence permit on the grounds of family reunification. Provided that certain requirements are met, family reunification can be granted to: Spouses, registered partners and cohabiting partners Children Other family members Spouses, registered partners and cohabiting partners You and your spouse/partner, as well as your relationship, must meet certain requirements: Both partners must be at least 24. Your combined attachment to Denmark must be greater than your combined attachment to any other country. The applicant must pass a Danish as a second language test within six months of being granted residence. Your spouse/partner in Denmark must be able to support him/herself and you. Your spouse/partner must have accommodation of adequate size at his/her disposal. Your spouse/partner must post DKK 50,000 (2012 level) in bank-backed collateral to cover any public assistance paid to you by your municipality after you relocate to Denmark. Your marriage or registered partnership must be valid under Danish law. If you and your partner are not legally married or registered partners, your relationship must be of a permanent and lasting nature. If you and your partner are not legally married or registered partners, your partner in Denmark must assume full responsibility for supporting you. Your marriage or registered partnership must have been entered into voluntarily. The marriage or registered partnership must not have been entered into solely for the purpose of obtaining a residence permit for you. Your spouse/partner must reside permanently in Denmark Your spouse/partner may not have been convicted of violence against a former spouse/partner within a period of 10 years prior to your application being processed. You and your spouse/partner must sign a declaration that you will both contribute actively to your (and any accompanying children's) learning Danish and integrating into Danish society to the best of your ability. 5

6 2.6.2 Children A foreign national under the age of 18 whose parents are living permanently in Denmark can be granted a residence permit under the family reunification rules. The requirements vary depending on whether the applicant is under or over the age of 15, and depending on whether the child is applying to be family reunified with his/her biological parents, adopted parents or foster parents Other family members According to the Danish Aliens Act, section 9c(1), a residence permit can only be granted if special reasons, such as considerations for the unity of the family, apply. When assessing an application, the Immigration Service will consider whether a family life has been established which is worth protecting. 6

7 3. Visa (short term) If you wish to visit Denmark for a short period of time, you must obtain a visa prior to entry if you come from a country with a visa requirement for entering Denmark. Philippine citizens need a visa to visit Denmark for e.g. holiday. A visa is only intended to allow a foreign national to visit Denmark and/or the other Schengen countries for a limited period of time. If you wish to reside in Denmark for an extended period of time, you need to apply for a residence permit. If the immigration authorities suspect that you intend to seek permanent or long-term residency in Denmark or another Schengen country, your visa application will be turned down. This applies for instance if you are applying for a residence permit and visa at the same time, or if you have a residence permit application pending with the Immigration Service. What does a visa entitle you to? A visa grants you the right to spend a maximum of 90 days per 6 months in the Schengen region. If you remain in Denmark after your visa expires or if you attempt to use your visa stay to obtain permanent or long-term residency in Denmark, you can be given a penalty period of three or five years. During the penalty period you will not be able to obtain a visa to visit Denmark. A visa does not allow you to work in Denmark unless the Immigration Service has explicitly granted you this right. 7

8 4. Permanent residence You can apply for permanent residence in Denmark once you have met all the requirements. Please note there are special requirements if: - You have had asylum in Denmark (refugees) for the past eight years, and have shown a willingness to integrate. - You are between the ages of 18 and 19, and have worked or studied continuously since completing primary school (folkeskolen). - You have strong ties to Denmark. - You are a pensioners or early age pensioner. Requirements: - You must still qualify for temporary residence. - You must be over the age of You must have resided in Denmark legally for at least five years. - You must not have a criminal record. If you have been sentenced to more than 18 months in jail you are disqualified from receiving permanent residence. If you have been sentenced to less than 18 months in jail (whether suspended or served) you are temporarily disqualified from receiving permanent residence. - You must not have any overdue public debts. - You must not have received certain types of public benefits for a period of three years prior to submitting your application for permanent residence, or while your application is being processed. - You must have submitted a signed declaration of integration and active citizenship in Denmark. - You must have passed Prøve i Dansk 1 or a Danish language test of an equivalent or higher level. - You must have held regular full-time employment and/or been enrolled in an educational programme in Denmark for at least three of the five years prior to submitting your application for permanent residence. - You must be working or studying at the time of becoming eligible for permanent residence. If you do not meet the requirements for permanent residence, you can instead apply for an extension of your temporary residence permit and then apply for a permanent residence permit at a later time. 8

9 5. Work Many foreign nationals are free to live and work in Denmark. However, some are required to hold a residence and work permit. The specific requirements in connection with living and working in Denmark depend, first and foremost, on your nationality and qualifications. If you already hold a Danish residence permit based on family reunification or asylum, or hold a residence permit on humanitarian grounds, you do not need a work permit in order to work in Denmark. These rules also apply in the case of voluntary/unpaid work. General conditions Normally, professional or labour market considerations must warrant a residence and work permit. When processing your application, the Danish Agency for Labour Retention and International Recruitment will pay particular attention to the following: whether there are available professionals residing in Denmark or the EU/EEA who are qualified to carry out the job in question (applies only to certain types of applications) whether the nature of the job in question is specialized enough to warrant a residence and work permit. Normally, you will not be granted a work permit in order to fill ordinary skilled-labour vacancies, such as carpenters or bricklayers, or unskilled positions, such as pizza makers, delivery people, cleaners, etc. Regardless of the specific circumstances, you must have a written job contract or job offer which specifies salary and employment conditions. Salary and employment conditions must correspond to Danish standards. In some cases, you must obtain a Danish authorisation or similar. For example, foreign-trained doctors or nurses must be authorised by the Danish Health and Medicines Authority. Special schemes A number of schemes have been designed in order to make it easier for highly qualified professionals to get a residence and work permit in Denmark. The Positive List is a list of the professions and fields currently experiencing a shortage of qualified professionals. Persons who have been offered a job in one of these professions or fields have particularly easy access to the Danish labour market. The Pay Limit scheme gives persons who have been offered a job with an annual pay above a certain limit particularly easy access to the Danish labour market. Read more about the Pay Limit scheme. The Corporate scheme makes it possible for employees in a company outside Denmark to be stationed in the company's Danish subsidiary, parent or sister company or similar for a period of time. Read more about the Corporate scheme. 9

10 The Greencard scheme makes it possible for highly qualified professionals to come to Denmark in order to seek work and subsequently to work in Denmark. Read more about the Greencard scheme. 5.1 Authorisation for Health Personal Foreign trained doctors, nurses and other health personal must obtain an authorisation before working in Denmark. It is the Danish Health and Medicines Authority that reviews all applications. What do you have to do to apply for authorization? You can apply for authorisation at the website of the Danish Health and Medicines Authority. Even though the application is electronic you will have to collect a number of documents and send them, along with a print of the electronic application form, by ordinary mail to the Danish Health and Medicines Authority. Documents that you must submit The below-mentioned documents are required in order to process your application. - Proof of your identity Documentation of name, birthday and nationality. This could be the relevant certified pages from your passport. Documentation of change of name/marriage certificate (if any). - Evidence of your qualifications Curriculum Vitae, listing your educational data and work experience in chronological order. Diploma/certificate. Detailed transcript of the study programme from the educational institution. The transcript must contain information about: a. admission requirements. b. total length of the education. c. theoretical education: subjects and lecture hours of each subject. d. clinical education: subjects and duration indicated in hours. e. clinical education: departments and number of weeks in each department. Supplementary documentation, if any, or any other information which in your opinion might be of importance to the assessment of your educational qualifications. - Evidence of your fitness to practise You must request the registration authorities in the most recent country of work and residence to send a Certificate of Current Professional Status/Certificate of good standing. The certificate must confirm that you are legally entitled to work within your profession (e.g. nurse, ect.), i.e. that you have not been suspended, disqualified or prohibited from practicing. 10

11 5.2 The Positive List Persons who have been offered a job in a profession currently experiencing a shortage of qualified professionals have particularly easy access to the Danish labour market. These professions and fields are listed on the Positive List. Conditions Furthermore, you must have a written job contract or job offer which specifies salary and employment conditions. Salary and employment conditions must correspond to Danish standards. The minimum educational level required for a position on the Positive List is a Professional Bachelor's degree, such as a pedagogue. In some cases, you must obtain a Danish authorisation. This is explicitly stated on the Positive List. The Positive List - overview The jobs on the Positive lists vary according to the jobsituation in Denmark. You can find the full list on: 11

12 5.3 The Pay Limit scheme Persons who have been offered a highly paid job have particularly easy access to the Danish labour market. There are no specific requirements with regards to education, field or the specific nature of the job. The scheme also applies to persons who have applied for asylum in Denmark. Conditions Your job must have a gross annual pay of no less than DKK 375,000. This is the absolute minimum amount. You must have a written job contract or job offer which specifies salary and employment conditions. Salary and employment conditions must correspond to Danish standards. In some cases, you must obtain a Danish authorisation. For example, foreign-trained doctors must be authorised by the Danish National Board of Health. 12

13 5.4 The Corporate scheme The corporate scheme makes it easier for companies with operations in Denmark to transfer employees with special abilities or qualifications from the company s foreign departments to Denmark to work on a project or to carry out work that is innovative or educational in nature. The corporate scheme allows an employee from a company s foreign department to obtain a corporate residence permit in Denmark. While the permit is valid, the employee can alternate between working in Denmark and abroad. Conditions A number of conditions must be met in order for you to get a corporate residence permit. However, a part of these conditions concern the company and its status. Consequently, the company is encouraged to obtain a corporate approval before you apply for a residence permit. The company is not required to do so, but if it does, your application as well as any subsequent applications from other employees can be processed faster. Corporate approval A corporate approval can be granted to a Danish company which is part of an international corporation that has a foreign parent or sister company or subsidiary, or has active departments (divisions, branches or offices) abroad. Corporate residence permit You can be granted a corporate residence permit if you are employed in a Danish company's foreign affiliate or department, and you are to work in the Danish company in connection with an innovative, developmental or educational purpose. You must meet the following conditions: You must document that you are employed full-time in the foreign department of the company or corporation at the time of application. Temps or substitutes do not qualify You must document that you remain an employee for the foreign department while working for the Danish company. Working for the Danish company may not entail a change in your employment status with the foreign department The work you perform in Denmark must be related to a specific project or be innovative or educational in nature. You may not be employed to carry out ordinary operational tasks. The Danish company must sign a declaration stating this While working in Denmark, your salary and employment conditions must correspond to Danish standards There are no specific educational requirements. Duration If the relationship between the Danish company and the foreign company ends, your residence permit will normally be revoked. 13

14 5.5 For the three schemes additional rules also comply Duration Your residence permit can only be granted or extended up to three months before your passport expires. This means that if your passport expires in 12 months, you can only be granted a permit for nine months, or your permit can only be extended by nine months. You can be issued a residence permit valid one month prior to your first day of work, if you declare that you are able to support yourself and any accompanying family members for the entire month before you begin working. Otherwise, your residence permit will be valid 14 days before your first day of work. If you get a residence and work permit based on temporary job contract, you will also get up to six months' extra residence to look for work after your contract expires. However, you cannot be granted more than four years' residence in total. In the jobseeking period you are not allowed to work, so if you find a new job, you must apply for a new residence and work permit based on your new job. You must apply no later than the first day of employment at your new job. If you lose your job through no fault of your own, e.g. due to cutbacks, you can get an additional six months' residence to look for a new job. In this case, you must apply for a residence permit for jobseeking no later than two days after the termination of your job contract. In order to get the additional six months' residence, it is a condition that you are not receiving public assistance under the active social policy act. If you find a new job If you find a new job while you are working, or while you hold a residence permit for jobseeking, you must apply for a new residence and work permit. However, you may begin your new job before you have received your new permit, provided that you submit your application no later than the day you start your new job. Extension If your residence and work permit expires, and you have applied for an extension, and if you are still in the same job, on the same terms and conditions, as when you were granted your original permit, you may stay in Denmark and continue working while your application is being processed. Your permit can be extended even if your job is no longer on the Positive List, provided that you are still in the same job, on the same terms and conditions. Family members If you hold a residence and work permit under the Positive List, your spouse, registered partner or cohabiting partner, as well as any children under the age of 18 who are living at home with you, are also eligible for residence permits. Your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse, registered partner or cohabiting partner is allowed to work full-time for the entire period his or her permit is valid. 14

15 5.6 The Greencard scheme A residence and work permit under the Greencard scheme is issued on the basis of an individual evaluation using a point system designed to assess the likelihood that the applicant will be able to find qualified work in Denmark. If you are granted a residence permit under the Greencard scheme, you do not need to obtain a work permit. A residence permit under the Greencard scheme gives you the right to carry out paid or unpaid work. However, a residence permit under the Greencard scheme does not give you the right to work as a self-employed person (run your own business). Conditions In order to be granted a residence permit under the greencard scheme, you must attain a minimum of 100 points. Points are given for: educational level, language skills, work experience, adaptability, and age. You must document that you are able to support yourself during your first year in Denmark. If you wish to apply for a residence permit for accompanying family members, you must also document that you are able to support your family members. Educational level The level of academic degrees may vary from country to country, even if they have the same title. For example, a Bachelor's degree from another country may not necessarily be equivalent to a Danish Bachelor's degree. If your education is on a level lower than a Danish Bachelor's degree, you will not be able to obtain enough points to be granted a residence permit under the greencard scheme. Points are given as follows: Bachelor's degree/graduated from medium-length education: 30 points Bachelor's degree followed by one-year Master's degree: 50 points Master's degree: 60 points PhD: 80 points You will be given bonus points if you graduated from a university which is internationally recognised for its high academic level according to the latest THES-QS World Ranking. Points are given as follows: Top 400: 5 points Top 200: 10 points Top 100: 15 points You will be given 10 bonus points if your education qualifies you to work in a field where Denmark is currently experiencing a shortage of qualified professionals. You can find these fields on the positive list. You can be given a maximum of 105 points for your educational level. 15

16 Language skills Your language skills will be given points based on a four-level system modelled after the official Danish language proficiency tests for foreigners (the Danish Language Test, Levels 1, 2 and 3 and the Study Test in Danish as a Second Language). In order to be given points for language skills, you must document that you have passed an exam in either Danish, Swedish, Norwegian, English or German at a level corresponding to at least Danish Language Test, Level 1 (Prøve i Dansk 1). You can only receive points for one Scandinavian language and for either English or German. As an alternative to a language exam, you can document your language skills with a statement from a previous employer attesting that you have used Danish, Swedish, Norwegian, English or German on the job for at least one year, or by presenting documentation that you have completed at least one year of studies at a higher educational programme which was taught in one of these languages. Points are given as follows: Level corresponding to Danish Language Test, Level 1 (Prøve i Dansk 1): 5 points Level corresponding to Danish Language Test, Level 2 (Prøve i Dansk 2): 10 points Level corresponding to Danish Language Test, Level 3 (Prøve i Dansk 3): 15 points Level corresponding to Study Test in Danish as a Second Language (Studieprøven) or higher/one year's study or work: 20 points You can be given a maximum of 30 points for your language skills. Work experience Your work experience can be given points according to how many years, within the last five years, you have worked as a researcher or in a field where Denmark is currently experiencing a shortage of qualified professionals. You can also be given points for other work experience. Points are given as follows: 1-2 years within the past five years as a researcher/in field listed on the Positive List: 10 points 3-5 years within the past five years as a researcher/in field listed on the Positive List: 15 points 3-5 years within the past five years, other work: 5 points You can be given a maximum of 15 points for your work experience. Adaptability You can be given points for your educational or work related attachment to the EU/EEA (including Denmark) or Switzerland, as this is seen to increase your ability to quickly adapt to the Danish labour market. Points are given for either education or work. Points are given as follows: Completion of at least one year's study at a higher educational programme in an EU/EEA country or Switzerland: 5 points Completion of at least three years' study at a higher educational programme in an EU/EEA country or Switzerland: 10 points 16

17 Or At least one full year's (12 consecutive months') legal residence and work in an EU/EEA country or Switzerland: 5 points At least two consecutive year's legal residence and work in an EU/EEA country or Switzerland: 10 points You can be given a maximum of 15 points for your adaptability. Age You can be given points based on your age at the time you submit your application. Points are given as follows: years: 10 points 34 years or younger: 15 points You can be given a maximum of 15 points for your age. Duration and extension You can be granted a first-time residence permit under the Greencard scheme for up to 3 years. Before the end of this period, you can apply for an extension of up to 1 year. Before the end of this period, you can apply for an extension of up to four years. Your residence permit can be extended if you have worked for the past 12 months for a minimum of ten hours per week. Your residence permit can be extended for one year if you have lost your job through no fault of your own (e.g. due to cutbacks) no more than three months before applying for an extension, and if prior to this, you worked for 12 months for a minimum of ten hours per week. 17

18 6. Studying in Denmark As a foreign national, you can be granted a residence permit in order to study in Denmark. There are three main categories of study which can warrant a residence permit: Higher educational programmes Basic and youth study programmes Folk high schools (folkehøjskoler) 6.1 Higher educational programmes You can be granted a residence permit in order to follow a higher educational programme in Denmark. Conditions In order to be granted a residence permit you must document: That you have been admitted to a higher educational programme which has been approved by a state authority or which is offered by a publicly accredited educational institution. That you can support yourself with your own means for the duration of your stay in Denmark. That you can speak and understand the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German. You may be granted a residence permit either in order to complete an entire educational programme or in order to follow part of a programme as a guest student. What is a higher educational programme? Normally, the term 'higher educational programme' is used when the conditions for admission into the programme require you to have completed upper secondary school or the equivalent. If the educational programme is included in the coordinated application system for admission, which is administered by the Ministry of Science, Innovation and Higher Education, then the programme will normally be regarded as 'higher' in connection with the application for a residence permit. Preparatory higher educational programmes In some cases, the Danish Agency for Labour Retention and International Recruitment may grant you a residence permit for a preparatory course to a higher educational programme. The following conditions apply: The Ministry of Science, Innovation and Higher Education must have determined that participation in the preparatory course is an admission requirement in order to follow the higher educational programme 18

19 You must already have been accepted at the educational programme to which the preparatory course is connected The duration of the preparatory course must be no more than one year Duration If you are to complete an entire programme you will be granted a residence permit for the duration of the programme. If, on the other hand, you are only to follow part of a programme, the residence permit will be granted for the duration of the part you are to follow. If you are to follow a preparatory course, your residence permit will be granted for the duration of the course. Greencard scheme for students If you have been granted a residence permit in order to complete a higher educational programme in Denmark, your residence permit will be valid for an additional six months after you complete the programme. This is to allow you to look for work in Denmark. If you complete a higher educational programme in Denmark and you have not previously been granted the additional six months' residence permit, you can have your residence permit extended by six months in order to look for work. Family members If you have been granted a residence permit to follow a higher educational programme, then your spouse, registered partner or cohabiting partner, as well as any children under the age of 18 who are living at home with you, are also eligible for residence permits. However, you must document that you have at your disposal the equivalent of DKK 25,000 per family member, your family members must be able to support themselves, and you must live together in Denmark at the same address. Your spouse/partner is allowed to work full-time for the entire period that his/her residence permit is valid. You are not entitled to family reunification during the job-seeking period after the completion of the educational programme. However, if you have already brought your family to Denmark, then they are allowed to stay for the additional six months. Work As a foreign student following a higher educational programme or a required preparatory course, you are allowed to work 15 hours a week, as well as full-time during the months of June, July and August. The same applies during the job-seeking period after the completion of your educational programme. A work permit sticker will be placed in your passport. 19

20 6.2 Basic and youth study programmes As a foreign national, you are required to have a residence permit in order to follow a basic or youth study programme in Denmark. Conditions In order to be granted a residence permit you must document: That you are enrolled in a basic or youth study programme which has been approved by a state authority or which is offered by a publicly accredited institute of learning That you can support yourself for the duration of your stay in Denmark. Please note that a foreign student in Denmark may not receive public assistance / benefit payments That you can speak and understand the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German Highschool programmes In order to be granted a residence permit for one school year at a highschool (or equivalent), you must meet one of the following conditions: Your stay must have been arranged by a student exchange organisation Your year in Denmark must be the continuation of a highschool programme already started in your country of origin You are applying to follow the first year of highschool and can document that you will continue the programme in your country of origin Duration If you are to follow a basic or youth study programme you will be granted a residence permit for a maximum of one year. If you have previously been granted a residence permit for a year for the purpose of following a basic or youth study programme, you cannot be granted an extension of your residence permit in order to complete the programme. Family members Normally, you cannot bring your family to Denmark. Only in very special cases will a residence permit be granted to your spouse, registered partner or cohabiting partner, or any children under the age of 18 who are living at home with you. In this case, your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse/partner is allowed to work full-time for the entire period his/her permit is valid. Work As a student at a basic or youth study programme you will only be granted a work permit in special situations, e.g. if you would benefit educationally or professionally from a paid or unpaid trainee period. The job must have an educational purpose, and the work permit will only be valid for a specific place of employment. 20

21 6.3 Folk high schools You can be granted a residence permit in order to follow a course at a folk high school (folkehøjskole) or similar institution - for example, a housekeeping or needlecraft school. Conditions In order to be granted a residence permit you must document: That you are enrolled to follow a course at a folk high school (folkehøjskole) or similar which has been approved by a state authority That you have paid the course fees That you can support yourself for the duration of your stay in Denmark That you can speak and understand the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German A residence permit requires that the school is included by the Danish legislation concerning folk high schools, continuation schools, housekeeping schools and needlecraft schools. The Danish Agency for Labour Retention and International Recruitment will only grant residence permits for attendance at schools approved and monitored by the Ministry of Children and Education. Duration You will be granted a residence permit for the duration of the course. You can apply for an extension of your residence permit, resulting in a total maximum of 18 months. The 18 months can be used for several courses at different folk high schools, either as one stay of 18 consecutive months, or as several separate stays. Please note that a course at a folk high school (folkehøjskole) does not qualify to admission to a higher education and does not give access to further education or residence in Denmark. Family members Normally, you cannot bring your family to Denmark. Only in very special cases will a residence permit be granted to your spouse, registered partner or cohabiting partner, or any children under the age of 18 who are living at home with you. In this case, your family members must be able to support themselves and you must live together in Denmark at the same address. Your spouse/partner is allowed to work full-time for the entire period his/her permit is valid. Work As a student at a folk high school or similar, you will only be granted a work permit in special situations, e.g. if you would benefit educationally or professionally from a paid or unpaid trainee period. The job must have an educational purpose, and the work permit will only be valid for a specific place of employment. 21

22 7. Family Reunification If you have close relatives in Denmark, you can apply for a residence permit on the grounds of family reunification. Provided that certain requirements are met, family reunification can be granted to: Spouses, registered partners and cohabiting partners. Children. Other family members. If you are granted a residence permit, it will be a temporary one with a possibility for extension, provided that you still meet the requirements. After a number of years, you can apply for a permanent residence permit. You must still meet the conditions for your original residence permit, as well as a number of additional requirements. If you are granted a residence permit on the grounds of family reunification, you also have the right to work in Denmark. Special rules also apply if the person residing in Denmark has been granted a residence permit as a student or in order to work. 7.1 Spouses, registered partners and cohabiting partners If your spouse, registered partner or cohabiting partner lives in Denmark, you can apply for a residence permit on the grounds of family reunification. However, you and your spouse/partner, as well as your relationship, must meet certain requirements. Also note that special rules apply if your spouse/partner in Denmark is a foreign national with a residence permit on the grounds of studies or work. Requirements for family reunification with a spouse/partner There is a number of requirements that must normally be met in order for you to be granted family reunification. Requirements relating to you and your spouse/partner Both partners must be at least 24. Your combined attachment to Denmark must be greater than your combined attachment to any other country. The attachment requirement does not apply if your spouse/partner in Denmark has held Danish citizenship for over 26 years. The same applies if your spouse/partner in Denmark was born and raised in Denmark, or came to Denmark as a small child, and has been a legal resident in Denmark for over 26 years. Requirements relating to you The applicant must pass a Danish as a second language test within six months of being granted residence. 22

23 Requirements relating to your spouse/partner in Denmark Your spouse/partner in Denmark must be able to support him/herself and you. Your spouse/partner must have accommodation of adequate size at his/her disposal. Your spouse/partner must post DKK 50,000 (2012 level) in bank-backed collateral to cover any public assistance paid to you by your municipality after you relocate to Denmark. Further requirements if you spouse/partner in Denmark is not a Danish/Nordic citizen Your spouse/partner must hold a Danish residence permit granted on the grounds of asylum or protected status or have held a permanent Danish residence permit for the past three years or more Your spouse/partner must meet part of the conditions for being granted a permanent residence permit in Denmark. This requirement, however, does not apply if the spouse in Denmark holds a residence permit granted on the grounds of asylum or protected status. Supplementary requirements for family reunification with a spouse Normally the following requirements must also be met: Your marriage or registered partnership must be valid under Danish law. If you and your partner are not legally married or registered partners, your relationship must be of a permanent and lasting nature. Normally, you must be able to document that you have lived with your partner for at least 18 months at a shared address. If you and your partner are not legally married or registered partners, your partner in Denmark must assume full responsibility for supporting you. Your marriage or registered partnership must have been entered into voluntarily, i.e. there must be no doubt that it was entered into according to the wishes of both you and your spouse/partner. The marriage or registered partnership must not have been entered into solely for the purpose of obtaining a residence permit for you. Your spouse/partner must reside permanently in Denmark Your spouse/partner may not have been convicted of violence against a former spouse/partner within a period of 10 years prior to your application being processed. You and your spouse/partner must sign a declaration that you will both contribute actively to your (and any accompanying children's) learning Danish and integrating into Danish society to the best of your ability. It may not be the case that you are also applying for family reunification with a child, and that application is turned down because your spouse/partner in Denmark has been convicted of violence against children in the past ten years, and the child cannot reside with other family members in his/her country of origin. 23

24 7.2 Children A foreign national under the age of 18 whose parents are living permanently in Denmark kan be granted a residence permit under the family reunification rules, provided that certain requirements are met. The requirements vary depending on whether the applicant is under or over the age of 15, and depending on whether the child is applying to be family reunified with his/her biological parents, adopted parents or foster parents. 7.3 Other family members This group comprises all other family members than children under 15 years and spouses/partners, for example, children over 15 years or parents whose adult children live in Denmark. According to the Danish Aliens Act, section 9c(1), a residence permit can only be granted if special reasons, such as considerations for the unity of the family, apply. This means that family reunification will only be granted to other family members if turning down the application would go against Denmark's international obligations, such as the European Human Rights Convention, article 8, concerning the right to a family life. The focus of this article is the traditional, European nuclear family, that is, father, mother and children under the age of 18. Consequently, Denmark will only allow family reunification between parents and children over the age of 18 in extraordinary cases. When assessing an application, the Immigration Service will consider whether a family life has been established which is worth protecting. This includes whether the ties between the persons exceeds what follows from the familial ties alone, whether the applicant has been a member of the household of the person now residing in Denmark for a number of years, whether the person now residing in Denmark has supported the applicant before and after coming to Denmark, whether the applicant is unable to support him/herself for health reasons, and whether there are persons or social institutions that can care for the person in his/her country of origin. Please note that a residence permit will not be granted to a parent in order for the parent to establish an attachment to his/her child. The decisive factor is the level of attachment which already exists. If the applicant is a citizen of a non-eu country, and is the parent and provider of a child under the age of 18 who lives in Denmark and is a Danish citizen, the applicant may be entitled to a residence permit under EU regulations. 24