It is an entry channel enabling those who already reside legally in a Member State (referred to as sponsors) to be joined by their family members. Back to Top (2017) Common Market Law Review, volume 54, issue 1, pp. Feb 2003, 09:40 . It should be noted that in Danish legislation same-sex (registered) partners and cohabitating partners are equal to married spouses. If your spouse or partner is a non-EU/EEA/Swiss citizen and has been granted a residence permit as an accompanying family member to a non-EU/EEA/Swiss citizen, he or she has already been granted the right to work in Denmark. Under Community law, family reunification is an actual right of the families who live within the EU. You and your family members may move to the UK or to an EU country under the current EU rules until 31 December 2020. We have read of many cases over the media where based on decisions from the Immigration services for family reunification, non-EU parents of Danish children are sent out of Denmark, despite the fact that the children are evidently dependent and emotionally attached to the non-EU parent. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. Some of the questions may be complicated. In keeping with Danish tradition there are at least 7 types of application packets related to the Family Reunification visa so carefully choose the one relevant to you. In order to prevent abuse, consequences in the event of fraud as well as marriage, partnership or adoption of convenience are also foreseen. If you are living abroad and are considering moving to home to Denmark together with your foreign members of your family, you must apply for family reunification. Finally, threat to public order, public security or public health can lead to rejecting the application. If you have lived together in another EU nation for more than 6 months you can apply for family reunification under EU law. While EU law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences remain, among others, as regards family reunification in There are special, more favourable rules applicable if the sponsor is a refugee. According to the law of 15 December 1980, EU nationals can settle in Belgium with other EU family members under certain conditions. DK-1150 Copenhagen K. Click here and sign up for our Newsletter. Family reunification helps to create socio-cultural stability, facilitating the integration of third-country nationals residing in EU Member States, thus promoting economic and social cohesion – a fundamental EU objective. In the EU, check with your host country’s authorities as soon as possible if it is mandatory to apply for a new residence status. OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. #livingindenmark #gettingavisatoliveindenmark #familyreunificationdenmark Hi! For the past 20 years, family reunification has been one of the main reasons for immigration into the EU. Qualifying family members include spouses, parents, minor unmarried children, and adult disabled children.Both nationals and permanent residents are entitled to request immigration to Argentina for qualifying family members under a family reunification visa. This includes non‑EU family … This represents a step further in comparison to the general standard of protection of human rights of the international instruments, especially comparing to the case law of the European Court of Human Rights. If you are a non-EU citizen married toRead more Family reunification according to the Danish rules is for you if you live in a third country (meaning outside of the EU/EES) and have family members from a third country who you would like to bring with you to Denmark to take up residency. We have read of many cases over the media where based on decisions from the Immigration services for family reunification, non-EU parents of Danish children are sent out of Denmark, despite the fact that the children are evidently dependent and emotionally attached to the non-EU parent. See the conditions for family reunification for children here. 263 - 280 Read more about family reunification for Danish citizens under EU law. In 2011-2012, a broad public consultation on family reunification took place to gather opinions from stakeholders and decide on the policy follow-up. If a member of your family is living in Brussels and you wish to rejoin him/her, this is possible thanks to the family reunification procedure. Read more under EU registration. Family reunification of children. You can apply for equal status with Danish citizens if you are married to an EU/EEA citizen who is a worker in Denmark under EU law. In many Member States, family reunification accounts for a large share of legal migration. Sponsors can bring their spouse, minor children and the children of their spouse to the country in which they are residing. Some of the questions may be complicated. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. Children under the age of 15. The following text explains the family reunification rules under EU law (the Family Reunification Directive). It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. Many countries in Europe have passed laws in recent years to limit people's ability to do so. This means all countries outside of the EU. Where to apply: Many of the above-mentioned conditions cannot be imposed if the family relationship existed already before the refugee arrived in the Member State, or they can only be applied in certain circumstances. Not under EU law, since Denmark does not apply the EU's long-term residence Directive. Polygamy is not recognised, which means that only one spouse at a time can benefit from the right to family reunification. *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. Other rules apply to family members of EU citizens (more information on family members of EU citizens who accompany or join them in another EU country than that of their nationality can be found here). Read more under EU and Nordic Citizens. Back to Top. The Family Reunification Directive only applies to legally residing third-country nationals who ask to be reunited with third-country national family members. The Directive applies equally to family relationships established before and after the sponsor arrived in the Member State. The Directive on the right to family reunificationestablishes common rules for exercising the right to family reunification in 25 EU Member States (excluding Ireland and Denmark). *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. Provided that certain conditions are met, family reunification can be granted to: Spouses, registered partners and cohabiting partners. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. 67 Købmagergade 2nd floor Denmark Family Reunification Scheme allows you to apply for the residence permit if your relative or family member is living in Denmark. Family reunification of children. Family reunification according to EU rules is for you, as a Danish citizen (and thus a EU citizen), who has lived in another EU country than Denmark together with your spouse who is not an EU citizen. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. Read more under EU registration. If you are planning to move to Denmark together with your children who are not Danish citizens, you must apply for family reunification. Nevertheless, in general more favourable provisions (such as a wider definition of family or unrestricted access to the labour market) appear to apply to the TCN family members of non-mobile EU citizens. Family reunification under the standstill clauses of EU-Turkey Association Law: Genc Idriz, N.F. The information contained here is based on the updated (2020) Danish rules on family reunification, and my personal experience as an applicant in 2019 and now a resident. EU Family Reunification Directive 30 3.3. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. Family reunification can be refused for spouses who have not reached a required age – which can be 21 years at the highest. In all EU Member States, children can be beneficiaries in family reunification procedures without any minimum age requirements. If your spouse is an EU citizen, he or she will be able to register in the EU independently. Therefore, we recommend that you read the conditions for family reunification according to EU rules before you complete the contact form. Therefore, we recommend that you read the conditions for family reunification before you complete the contact form. If you wish to do so, you should apply at the Immigration Service. After a maximum of five years of residence, family members may apply for an autonomous permit. CHAPTER 3. In the text below, Denmark – In the case of marriage, Danish law requires both spouses to be at least 23 1/2 years old. Europe. Once admitted in the Member State, family members receive a residence permit and obtain access to education, employment and vocational training on the same basis as the sponsor. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. You can apply for equal status with Danish citizens if you are married to an EU/EEA citizen who is a worker in Denmark under EU law If you want to apply for equal status with Danish citizens according to this rule, you must meet these two conditions: You must be married to an EU/EEA citizen. Under Community law, family reunification is an actual right of the families who live within the EU. If you want to apply for equal status with Danish citizens according to this rule, you must meet these two conditions: You must be married to an EU/EEA citizen. Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is an EU law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. The 24-year rule is the popular name for a rule in Danish immigration law §9. Danes Worldwide This represents a step further in comparison to the general standard of protection of human rights of the international instruments, especially comparing to the case law of the European Court of Human Rights. The Danish government has now responded to the ruling with its interpretation of the court’s decision and plan for acting upon it. The immigration laws in Denmark are one of the most strict in Europe. It would be different if the third-country national were a family member of an EU citizen. Judges at the European Court of Justice (ECJ) in Luxembourg on Wednesday (10 July) ruled that Danish restriction laws preventing a legally-resident Turkish national from bringing his wife to Denmark were unjustified. If you are a non-EU citizen married toRead more Immigration through family reunification is recognized by Argentina’s Law 25871 on Migration (Ley de Migraciones). This includes non‑EU family … The contact form is based on the questions that are included in the application for family reunification for children. It advises Member States in their implementation of the Directive in order to achieve a more consistent policy and practice across the EU. The law and regulations can seem challenging during a danish family reunification, and mistakes can have serious consequences. You can either apply for family reunification according to the Danish national rules or according to the EU rules depending on which conditions you meet. See the conditions for family reunification for spouse/partner according to EU rules here. I want to move to the UK/EU. show submenu for "Legal migration and Integration", Cooperation with Economic and Social Partners, Directive on the right to family reunification, Communication on guidance for application of Directive 2003/86/EC on the right to family reunification. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. In 2017, 472,994 were admitted to the EU-25 on grounds of family reunification, amounting to 28% of all first permits issued to third-country nationals in the EU-25 2 . See the conditions for family reunification for spouse/partner here. That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. Read more under EU and Nordic Citizens. It’s better to be safe than stressed after your big day. Member States may impose some conditions before allowing family reunification. Some of the questions may be complicated. Synthesis Report – Family Reunification of TCNs in the EU plus Norway: National Practices . The first report on the implementation of the Directive, issued in October 2008, has shown a relatively low impact, partly due to the high degree of discretion given to Member States when setting the admission conditions. You must have lived together with the child in another EU country for 1.5 – 2 years in order to have used your right to free movement and thus make use of the EU rules for family reunification in Denmark. It states a number of requirements to a married couple if they want a permanent residence in Denmark. Introduction. If you have immediate family members in Denmark, you can apply for a residence permit on the grounds of family reunification. Your spouse or partner therefore does … Family reunification under the Dublin III If you are not an EU citizen but would like to join a member of your family who is an EU citizen, a different set of rules will apply to you and your relatives. Denmark. In the EU, check with your host country’s authorities as soon as possible if it is mandatory to apply for a new residence status. If your child is an EU citizen, you will be able to register in the EU independently. The Directive on the right to family reunification establishes common rules for exercising the right to family reunification in 25 EU Member States (excluding Ireland and Denmark). The contact form is based on the questions that are included in the application for family reunification. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. You can live and work in Denmark. Foreign nationals under the age of 15, who have a parent or parents living in Denmark can be eligible for a residence permit in Denmark, provided a series of conditions are met. In many Member States, family reunification accounts for a large share of legal migration. This only applies to children who are third country citizens. It would be entirely up to Danish law to decide on this situation. Europe's top court has delivered a blow against Denmark's tough family reunification laws, in a case that is likely to cause headaches for its new left-leaning government. EU Dublin Regulation 31 3.4. I want to move to the UK/EU. Our arguments for the appeal were based on exceptional grounds emanating from EU rules and EU Court Judgements. The result of this is that a group of danish people choose to migrate away from Denmark every year. Our arguments for the appeal were based on exceptional grounds emanating from EU rules and EU Court Judgements. Member States may ask third-country nationals to comply with integration measures before or after arrival. There is nothing wrong in that. It would be entirely up to Danish law to decide on this situation. They may require the sponsor to have adequate accommodation, sufficient resources and health insurance, and impose a waiting period of no more than two years. While EU law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences remain, among others, as regards family reunification in Charter of Fundamental Rights 30 3.2. The child can either be your own or your spouse’s/partner’s child who will also move to Denmark together with you. It is meant to cut down forced marriages and family reunification immigration.. The European Court of Justice has underlined (for instance in case C-540/03) that Member States must apply the rules of the Directive in a manner consistent with the protection of fundamental rights, notably regarding the respect for family life and the principle of the best interests of the child. Thus, Denmark’s response to the Green Paper will focus on the Danish legislation and practice regarding family reunification. That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. FAMILY REUNIFICATION IN EU LAW 30 3.1. Visit the Your Europe Portal for more information. The information contained here is based on the updated (2020) Danish rules on family reunification, and my personal experience as an applicant in 2019 and now a resident. Some people then choose to migrate back to Denmark, where they can seek family reunification under the EU law, because they came from Sweden. CROSS-CUTTING PRINCIPLES CONCERNING REFUGEE AND MIGRANT CHILDREN 33 4.1. It would be different if the third-country national were a family member of an EU citizen. If you wish to do so, you should apply at the Immigration Service. This is … If you also have a spouse with foreign nationality who is to apply to join you for the purpose of family reunification, your spouse and your children can apply at the same time and have their applications processed together. Family reunification for children is for you, as a Danish citizen and thus an EU citizen, who has lived in another EU country than Denmark together with your child who is not a EU citizen. Therefore, we recommend that you read the conditions for family reunification for children before you complete the contact form. Family reunification according to the Danish rules is for you if you live in a third country (meaning outside of the EU/EES) and have family members from a third country who you would like to bring with you to Denmark to take up residency. Denmark is not bound by the Family Reunification Directive. Many people choose to move across […] Other EU legal texts 32 CHAPTER 4. In 2017, 472,994 were admitted to the EU-25 on grounds of family reunification, amounting to 28% of all first permits issued to third-country nationals in the EU-25 2 . However, Denmark requires an integration capacity assessment for children over 8 years, whilst in Germany such a requirement applies to children over 16 years. OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. Family reunification according to Danish rules Spouse/partner. 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