AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

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iasmynferreira
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AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af iasmynferreira » 28.08.2020 02:49:31

:| :|
Senest rettet af iasmynferreira 30.08.2020 13:20:14, rettet i alt 1 gang.

iasmynferreira
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Tilmeldt: 28.08.2020 02:41:59

Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af iasmynferreira » 29.08.2020 12:38:10

Hi, can you answer to my question? Thank you!

evc
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af evc » 01.09.2020 16:04:31

It depends. If you can show you have a connection to the country, such as a child, being a student, having had jobs, speak Danish and so on, you may be allowed to stay. But it's on case basis.

When you divorce Udlændingestyrelsen will be notified. They will ask if there is a reason for them not to revoke your current residence permit. That is when you submit your reason. I guess most people living in Denmark for more than 3 years they grant a stay.

iasmynferreira
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af iasmynferreira » 03.09.2020 10:58:56

I have been living here for three years now, and I am just about to finish my MSc. I have had part time jobs since I got my CPR and I’m currently a student assistant, alongside with my studies.
My Danish is still basic level, but am just about to start Danish classes again next week. I believe the only weak tie inhale to the country is that I do not speak Danish yet. I have seen here in the forum that it should be possible for me to keep the same residence permit and get my permanency in two years.
What would you say?
Thank you!

evc
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af evc » 04.09.2020 17:15:56

iasmynferreira skrev:
03.09.2020 10:58:56
I have been living here for three years now, and I am just about to finish my MSc. I have had part time jobs since I got my CPR and I’m currently a student assistant, alongside with my studies.
My Danish is still basic level, but am just about to start Danish classes again next week. I believe the only weak tie inhale to the country is that I do not speak Danish yet. I have seen here in the forum that it should be possible for me to keep the same residence permit and get my permanency in two years.
What would you say?
Thank you!
Since you have been married for more than 3 years and has been active in the society, you have a good chances of staying. This is from what we have seen with people in situations like yours. But again, this is on case basis and is somewhat indeterministic. See http://forum.aegteskabudengraenser.dk/v ... 15#p112825

iasmynferreira
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af iasmynferreira » 06.09.2020 13:30:21

I am here under the EU-law, and I should have my permanent residency in 2 years. So my questions are:

1. If I move out, can I move my address with me? Or should I keep my address with my Danish partner?

2. Where can I find information regarding the documents I need to apply for the continuation of my residency?

3. I complete three years here in January, so I guess it is safer to wait for the complete three years to divorce? Even though the EU rules state that if I am here for 1 year and have been married for at least three, that should be enough.

4. The fact that I have had only part times jobs since I got my CPR can influence negatively on my residency? I guess the fact I have been a student also counts positively.

5. Is it safer for me if I wait to divorce when I have a full time job? I have been thinking I do not want to apply for permission to stay if I go on A-kasse.

6. Last, can I keep the same residency under EU-rules if we divorce?

I would really appreciate it if you could answer these questions more specifically!

Kind regards,

evc
Indlæg: 113
Tilmeldt: 05.04.2015 23:00:38

Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af evc » 10.09.2020 12:28:44

iasmynferreira skrev:
06.09.2020 13:30:21
I am here under the EU-law, and I should have my permanent residency in 2 years. So my questions are:

1. If I move out, can I move my address with me? Or should I keep my address with my Danish partner?

2. Where can I find information regarding the documents I need to apply for the continuation of my residency?

3. I complete three years here in January, so I guess it is safer to wait for the complete three years to divorce? Even though the EU rules state that if I am here for 1 year and have been married for at least three, that should be enough.

4. The fact that I have had only part times jobs since I got my CPR can influence negatively on my residency? I guess the fact I have been a student also counts positively.

5. Is it safer for me if I wait to divorce when I have a full time job? I have been thinking I do not want to apply for permission to stay if I go on A-kasse.

6. Last, can I keep the same residency under EU-rules if we divorce?

I would really appreciate it if you could answer these questions more specifically!

Kind regards,
1. If you move, by law, you have to update your address in the folkregister to your new address;

2. There is almost no information about this in Udlændingestyrelsen's website. That's why I said it is a grey zone. As soon as they are informed about your divorce, they'll send you a letter asking why they shouldn't cancel your current residence permit. And again, there is no magic formula. I just told you about things we know they take into consideration. You have to show why you think you have a greater connection to Denmark now than you have with your own country, however it is up to them to interpret in something meaningful for your situation;

3. Well, the longer you stay married the greater are your chances of showing Udlændingestyrelsen you have a connection to Denmark;

4. As long as you have been constantly working that should not matter;

5. Yes. You may even want to go for a work residence permit if your job allows;

6. I am not sure. I don't think so.

By the way, if the divorce happens because of violence in the marriage (hopefully not), then the circumstances are different and the case is threated differently.

mh
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af mh » 14.09.2020 20:37:42

1) If your residence is according to EU-rules, you will be able to move your address without consequences AND your permit will not be affected, since you fulfil the requirements for keeping it in spite of de facto or legal separation or divorce.

2) https://www.nyidanmark.dk/en-GB/Applyin ... n/EU%20TUB

3) No reason to wait. Rules are rules and requirements likewise - if you fulfil them there are no ifs and buts.

4) No.

5) As long as you have sufficient means for your expenses, you will be OK - only don't apply for 'kontanthjælp'.

6) See above under 1)
mh
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iasmynferreira
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Tilmeldt: 28.08.2020 02:41:59

Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af iasmynferreira » 17.09.2020 14:15:12

Hi, thank you very much for your answers.
Just to clarify, I am here under EU-rules, not under Danish rules, which is believe fits more with the last answer you gave.

I have a last question. The day I move out (considering I am here under EU-law), and I register my new address, will I be notified somehow, will I have to submit documents somewhere? Or everything is ok? Because as we are going through the separation first before divorcing, I guess changing my address will not affect my permit?

mh
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Tilmeldt: 25.09.2007 11:20:33
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Re: AM I ALLOWED TO STAY AFTER DIVORCE? MARRIED FOR 4 YEARS

Indlæg af mh » 25.09.2020 06:39:37

You will not, but you should notify the authorities so that they know where to contact you. Otherwise just go on with business as usual until you need to renew your card, and in the meantime keep your tax info to show your income, and do not stay out of DK too long (ordinary holidays of 1-2 weeks are no problem, long stays = months could be).
mh
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