EU Laws: Rights of the non-EU spouse while waiting

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skaanebo
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Re: EU Laws: Rights of the non-EU spouse while waiting

Indlæg af skaanebo » 05.10.2017 21:26:53

All I can say is that people have written on this forum and a lot experience the same as you: obstacles and no help, but a few have actually managed to persuade the authorities to follow the EU regulations. Or so they have said on this forum. Denmark, unfortunately, does not follow the EU laws in this respect, unlike other countries like Sweden. As long as the government doesn't issue a directive telling the authorities to actually follow EU laws, it's a difficult battle to bring on.

For that reason it is advisable for Danes and their families returning from another EU/EEA country to apply for a Danish residence card beforehand so that it can be issued immediately once they arrive to Denmark. That way they don't have to wait in order to exercise their rights in Denmark.

mh
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Re: EU Laws: Rights of the non-EU spouse while waiting

Indlæg af mh » 05.10.2017 21:40:28

The relevant paragraph is § 16/2. Print it out, let your spouse find and highlight it (§ 16 stk. 2), and bring it to Borgerservice, which is where you will get your cpr.nr.

https://www.retsinformation.dk/Forms/R0 ... 32a472ee7b
mh
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uglelem
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Re: EU Laws: Rights of the non-EU spouse while waiting

Indlæg af uglelem » 05.10.2017 22:41:27

Good evening mh,
I've read through the paragraphs and I found something that might cause trouble. I did however also find something that might solve it.
"§ 17. Registrering i CPR af tilflytning fra udlandet forudsætter for ikkenordiske statsborgere, at disse enten har opholdstilladelse eller -bevis efter udlændingeloven eller forskrifter udstedt i medfør heraf eller har en bekræftelse fra Udlændingeservice på, at de efter udlændingelovgivningen er fritaget for opholdstilladelse eller -bevis, jf. dog stk. 4."

We don't have the "opholdstilladelse" yet, but we do have this paper from Statsforvaltningen that says the following:
"Ophold under sagens behandling:
Uanset om betingelserne for opholdsret efter EU-reglerne er opfyldt, har du ret til at opholde dig i Danmark under ansøgningengs behandling"

I'm thinking that this might be reason enough for the highlighted part in paragraph 17. If not, I would just like to hear, how we get around that paragraph?

mh
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Re: EU Laws: Rights of the non-EU spouse while waiting

Indlæg af mh » 06.10.2017 09:36:49

I do not have first-hand experience with Denmark, only Germany, where my husband got his residence registered within a few weeks.

I can see that Statsforvaltningen says that you need confirmation of your residence right from them, before you can get your cpr.nr. This is actually not the fact, but as Skaanebo says, it is extremely uphill to persuade the authorities otherwise.

Since you have been (in their eyes) pestering them, most likely they will not budge :|

BUT if you want to work and find a job, you can get a tax-cpr.nr. from SKAT. They are probably co-operative, because you would becpaying tax :mrgreen:
mh
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