Hi Experts,
My wife deserted me several years back and went back to the home country. After 3 years of desertion, she filed a suit against me in home country. That case is still pending.
Now, I am planning to file divorce in Denmark. In order to not let me proceed with the divorce she will move the court in that country to take injuction against me and there are high chances that the court there can order me to maintain the status quo till the cases there against me are running. If I do not comply with their order and proceed with the divorce here and get the decree, there are chances that the court of my home country can cancel my passport.
I am a permanent resident here Denmark. If my passport is cancelled for the above-mentioned reason, how will it effect my residency in Denmark? also, can I apply for citizenship in Denmark if my passport has been cancelled?
Regards
Divorce and passport query
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- Indlæg: 96
- Tilmeldt: 05.05.2013 16:38:41
Re: Divorce and passport query
can anyone please help me with my query?
mh, skaanebo ??
mh, skaanebo ??
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- Indlæg: 10609
- Tilmeldt: 25.09.2007 11:20:33
- Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce and passport query
Do you fulfill the criteria for citizenship? If so, you should apply now, since it is a slow process. Be aware that India does not allow dual citizenship.
If you should be stripped of your citizenship, and you fail to obtain Danish citizenship, I am unsure whether you would qualify as stateless under the UN-convention (1954 Convention relating to the Status of Stateless Persons), since the decision would be based on you refusing to comply with a court order. However, since DK considers divorce a personal right, there should be a good chance that you would. If you qualify as stateless under the UN-convention, you may apply for a Danish 'foreigners passport'.
I would strongly advise you to find an expert on citizenship law/international private law/human rights law. For Copenhagen university, you could try prof. Linda Nielsen, assistant prof. Roberta Mungianu, associate prof. Christopher David Jenkins. For Aarhus University try prof. Bettina Lemann Kristiansen, assistant prof. Nick Storm Stausholm. If you google them by name + university, you will find their phone numbers and mail.
If you should be stripped of your citizenship, and you fail to obtain Danish citizenship, I am unsure whether you would qualify as stateless under the UN-convention (1954 Convention relating to the Status of Stateless Persons), since the decision would be based on you refusing to comply with a court order. However, since DK considers divorce a personal right, there should be a good chance that you would. If you qualify as stateless under the UN-convention, you may apply for a Danish 'foreigners passport'.
I would strongly advise you to find an expert on citizenship law/international private law/human rights law. For Copenhagen university, you could try prof. Linda Nielsen, assistant prof. Roberta Mungianu, associate prof. Christopher David Jenkins. For Aarhus University try prof. Bettina Lemann Kristiansen, assistant prof. Nick Storm Stausholm. If you google them by name + university, you will find their phone numbers and mail.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG
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- Indlæg: 96
- Tilmeldt: 05.05.2013 16:38:41
Re: Divorce and passport query
thank you, mh.
I knew you would reply. ..
i had called the danish citizenship office somedays back and asked them simple question that is original passport required for applying citizenship, she said "no". She said that once my citizenship is granted, I will receive a letter and then I will have to send my original passport to them and they will send it to Indian embassy. So what she said was that she doesn't think that if my passport has been cancelled it will be a problem, as long as I hold it physically. But I must meet all the other criterias of citizenship like residence of 9 years, language, crime, etc etc. she said there is no specific requirement pertaining to passport. Ofcourse, she also also said that this all is her strong belief nothing gauranteed
regards
I knew you would reply. ..
i had called the danish citizenship office somedays back and asked them simple question that is original passport required for applying citizenship, she said "no". She said that once my citizenship is granted, I will receive a letter and then I will have to send my original passport to them and they will send it to Indian embassy. So what she said was that she doesn't think that if my passport has been cancelled it will be a problem, as long as I hold it physically. But I must meet all the other criterias of citizenship like residence of 9 years, language, crime, etc etc. she said there is no specific requirement pertaining to passport. Ofcourse, she also also said that this all is her strong belief nothing gauranteed
regards