I need some advice.

This forum is dedicated to all our English-speaking members.
Please feel free to ask your questions here!
Besvar
mari8q90
Indlæg: 5
Tilmeldt: 08.08.2017 06:45:50

I need some advice.

Indlæg af mari8q90 » 29.08.2017 07:57:16

hi
I need some advice. I am a non EU. Me and my danish ex husband get divorce while im applying for the extension of my res. permit under family reunification. Last june i re married to another dane. last augost 4 i recieve a letter from US that they will not extend my permit becouse i no longer living with my ex. and i have to leave Denmark they give me until september 4 to leave DK. augoust 10 we apply for family reunification with my new danish husband and we attached my pregnancy journal. im 3 months pregnant. yesterday i recieve an email from US they rejected our application and still ask me to leave until september 4 ,the reason for the decission. You have been given a time limit for leaving Dk, and you did not provide information about any exceptional circumstances that based on Dk international obligation , can provide reason for you being allowed to apply in Dk. they wrote that i must instead submit the application to a danish representative in my home country.

I have some question i hope somebody here can give me some advice.
if i go home. can i come back here for spousal visa?
Is it possible for us to re apply family reunification here in dk while im in spousal visit visa?
me and my other half are confused and worried, thinking of giving birth alone and not being together is killing me.

thank you in advance for the reply and have a nice day.

fundiver199
Indlæg: 15459
Tilmeldt: 15.07.2008 15:58:34

Re: I need some advice.

Indlæg af fundiver199 » 29.08.2017 08:49:11

You need to leave Denmark now, and after that your situation is like that of every other cupple. You can apply from family reunification from your home country, or you can apply for a visa and then hand in the application for family reunification while in Denmark on this visa.

You need to observe the 90 out of 180 day rule. However days spend in Danmark on a valid residence permit do not count in the 180 days. So you only need to count the days, which you spend here since august 4 2017, if your information is correct.

This mean, that in theory a visa for up to 60+ days can be issued, as soon as you are back in your home country. Please note that when applying for a short term visa you must NOT express any intend to apply for family reunification once you are back in Denmark. This is because of the Schengen rules, which are made by the EU and are different from danish law.

mari8q90
Indlæg: 5
Tilmeldt: 08.08.2017 06:45:50

Re: I need some advice.

Indlæg af mari8q90 » 29.08.2017 10:37:01

Thank you for your good advice sir Fundiver199.

Im a little bit confused about the 90/180 days rules means. Im not good in numbers.

May i ask more question?

Can i apply a spousal visit visa within a week or 2 after i arrive in my home country? or i have to wait for 90 days or 3 months before i submit my visa application there?

fundiver199
Indlæg: 15459
Tilmeldt: 15.07.2008 15:58:34

Re: I need some advice.

Indlæg af fundiver199 » 29.08.2017 11:30:07

You can arrive in your home country and apply the visa the same day. There are no time constraints, except its not allowed to apply more than 3 month before the planned journey. And since you mostly stayed in Schengen on your residence permit, not a visa, a new visa stay can begin as fast, as you like, and the embassy can issue the visa. The 90 day rule only mean, it can not be a 90 day stay but only for example 55 or 60 days.

fundiver199
Indlæg: 15459
Tilmeldt: 15.07.2008 15:58:34

Re: I need some advice.

Indlæg af fundiver199 » 29.08.2017 11:31:41

You can use this tool for planning. As previous stays you enter the period, from your application for extension was turned down, and until you left Schengen.

https://ec.europa.eu/assets/home/visa-c ... ulator.htm

mari8q90
Indlæg: 5
Tilmeldt: 08.08.2017 06:45:50

Re: I need some advice.

Indlæg af mari8q90 » 30.08.2017 09:53:27

Thank You verry much Sir. I will do that, i just bought a flight ticket to fly back to my home country. It's sad to leave my husband behind, but thats life. I have to follow and respect the danish law.

Keep up the good work.
God bless and more power!

mari8q90
Indlæg: 5
Tilmeldt: 08.08.2017 06:45:50

Re: I need some advice.

Indlæg af mari8q90 » 04.11.2017 18:02:48

Hi too all the good people here.
Now Im back here in Dk for spouse tourist visa. After been sent home, we are planning to submit our family reunification application next week, whowever My passport name is still bearing my maiden name or my own family or single name (fx. Rita Santiago Cruz) but my marriage certificate and my expired or cancelled dk residence card (Opholdstilladelses) bearing my new danish husband family name (fx. Rita Cruz Hansen) now i just want to know if which name should i write in my family reunification form, my single name or my married name???

thanks in advance :)

skaanebo
Indlæg: 11457
Tilmeldt: 09.06.2007 19:00:10

Re: I need some advice.

Indlæg af skaanebo » 04.11.2017 18:04:34

You should use your new current name and you will need to get a new passport with your new name.

mari8q90
Indlæg: 5
Tilmeldt: 08.08.2017 06:45:50

Re: I need some advice.

Indlæg af mari8q90 » 04.11.2017 19:04:12

Hi Skaanebo, I just renewed my passport last month while im in the Philippines, I can't use my husband family name in my Passport because i have'nt yet registered or report our marriage in the Philippine Embassy in Oslo. We want to submit the family reunification application before my tourist spousal visa expired next month.

skaanebo
Indlæg: 11457
Tilmeldt: 09.06.2007 19:00:10

Re: I need some advice.

Indlæg af skaanebo » 04.11.2017 19:11:12

A new passport with your new current name is a requirement so you might have to go to Oslo to fix this before you can hand in your application.

Too bad you didn’t think about this before making a new passport or before changing your name.

Besvar