Advises on Rejected Case

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evc
Indlæg: 97
Tilmeldt: 05.04.2015 23:00:38

Advises on Rejected Case

Indlæg af evc » 11.11.2015 15:18:48

A few days ago I posted my concerns about my case here and finally I got it, but not with the result me and my wife expected.
So, unfortunately our case got rejected and Denmark demands me to leave the country. The rejection was due to the housing requirements which did not match. We are still looking for a lawyer to help us with this (any contact would help), but maybe here we can get some help.

My questions:

0) If we appeal, can we include a new housing contract from another place? If we move out, for example.
1) What are the chances of us appealing, adding a new contract and me (the applicant) staying in Denmark? Are they mostly going to ask me to leave anyway?
2) How long does it usually take to get a case appeal reviewed?

Jesper&Anna
Indlæg: 23
Tilmeldt: 17.02.2013 19:59:28

Re: Advises on Rejected Case

Indlæg af Jesper&Anna » 12.11.2015 04:03:59

0. When you wanted to appeal, do it within the given time upon recieving the rejection result, And yes, When you appeal, include the new rental contract of the apartment, that will help the case.

1. When you get your rejection letter, did the embassy ask you to leave within specific date? if they did, even if you appeal your case you still need to go out Denmark. The Danish Embassy wont care if you appeal or not as long they already given you a date to leave. You need to leave, (Base on my experience)

2. When you appeal your case, it took them 3 months onwards for the processing.

evc
Indlæg: 97
Tilmeldt: 05.04.2015 23:00:38

Re: Advises on Rejected Case

Indlæg af evc » 12.11.2015 09:37:20

Jesper&Anna skrev:0. When you wanted to appeal, do it within the given time upon recieving the rejection result, And yes, When you appeal, include the new rental contract of the apartment, that will help the case.

1. When you get your rejection letter, did the embassy ask you to leave within specific date? if they did, even if you appeal your case you still need to go out Denmark. The Danish Embassy wont care if you appeal or not as long they already given you a date to leave. You need to leave, (Base on my experience)

2. When you appeal your case, it took them 3 months onwards for the processing.
Regarding 1) they have written that I need to leave Denmark in one week. If I appeal they mention that they will need to evaluate if I can stay while they are analyzing it.
So even though I appeal I still need to leave the country and wait for them to give me a answer if I can come back or not?

If we decide to move to Sweden:

If so, can I go to Sweden and try to get a VISA to live there while my wife's CPR number is not generated in Sweden?

Jesper&Anna
Indlæg: 23
Tilmeldt: 17.02.2013 19:59:28

Re: Advises on Rejected Case

Indlæg af Jesper&Anna » 12.11.2015 14:00:46

1. Im sorry to say, but You need to leave DK as stated on the notice. Even if you appeal your case. Base on my experience I got 2X rejected for family reu, student visa and extention for my tourist visa,,,,, All of it I made an appeal, but still it all comes to one conclusion to leave Denmark as the stated date. Otherwise you risk everything.

If example you cant leave on that day, You need to go to Police and ask for days extention , Tell them your situation why you needed a few for days to stay in DK,, The police will stamp your passport and marked the new date of you leaving DK, But they can only give one week atleast , 7 days extention.,

About Sweden, Are you a non EU citizen? Your partner is Danish or EEA?
If you are a non EU, and you are not holding valid visa, You need to come back to your home country and do the process in there.

If you are pregnant, you can stay in sweden together with your husband and can apply right away the moment you got this Id number from Skatterverket. You dont need to return to your home country.

If you have a schengen visa you can go right away together with you EEa husband to apply in Sweden and theres no need for you to come back from your origin country.

evc
Indlæg: 97
Tilmeldt: 05.04.2015 23:00:38

Re: Advises on Rejected Case

Indlæg af evc » 12.11.2015 16:16:34

I am a Non-EU and my wife is a Danish Citizen.
Can we move to Sweden, get her CPR number registered there and then I make an application? I mean, I would be illegal in Sweden for a few weeks until she can get her CPR number but we would be able to get a new process running there.

skaanebo
Indlæg: 11560
Tilmeldt: 09.06.2007 19:00:10

Re: Advises on Rejected Case

Indlæg af skaanebo » 12.11.2015 20:56:41

Sweden is enforcing border control for the next 10 days so your wife cannot go to Sweden for at least this period of time (and it may be extended).

evc
Indlæg: 97
Tilmeldt: 05.04.2015 23:00:38

Re: Advises on Rejected Case

Indlæg af evc » 12.11.2015 22:44:39

OK, Sweden is not an option then.

We have heard from some lawyers and including one lawyer from udlæningstylsen that I am allowed to stay in Denmark if I make the appeal.
I don't have any documentation to support this argument but the information that these people gave me. I may try to call the "appeal organ" and ask if this is possible and see if I can, and if so get a stamp on my passport or a document.

To the lawyers in this form (skaneboo, mh and others) can you please advise me on this? The only reason stamped on my rejection letter was that we don't meet the house requirements and there is no reason why my wife can not live with me in my country instead.
Do you think I can appeal the decision in case I have a new contract for a new house, meeting the requirements, attach this new contract to my appeal and write a letter argumenting that since I am in Denmark I can seek the right to stay while they process my case? Does that sound reasonable?

I have been living in Denmark here since end of May, by the way. With the only permission to stay based on my Family Reunification Case.

MagnusM
Indlæg: 9
Tilmeldt: 22.04.2015 13:04:02

Re: Advises on Rejected Case

Indlæg af MagnusM » 13.11.2015 09:55:38

Please don't regard my advice as absolute; I don't have a firm grasp of the legal side of it - but this is my impression of the rules in this case:

I don't think that an appeal will help you in this case, since if I understand it correctly the issue is that the place you are/were living when you applied was not sufficient under the rules? (too small, lease not long enough or similar)

If that is the case, the rejection was correct in accordance with the rules and an appeal will find the same thing.

That your housing situation changes and becomes acceptable does not change the fact that they had a basis to reject your previous application. You will need to send in a new application when the requirements for housing are okay, but you are risking a possible entry prohibition if you stay here for longer than the date you were notified you need to have left the country by.

Unfortunately I also think that you will need to leave the country, then come back and send in a new application when you live up to the housing requirements. Sorry that I cannot bring better news, but this is my understanding of how it works.

edit: Also, Ægteskab uden Grænsers advice phone line is open today from 16-18 at 50502435. It would be a good idea to call them and ask for their opinion.

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