Divorce and resident permit

This forum is dedicated to all our English-speaking members.
Please feel free to ask your questions here!
Besvar
Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Divorce and resident permit

Indlæg af Arista12 » 06.01.2018 22:53:27

Hi
I'm from a non-EU country and i have been living in Denmark for 4 ½ years now. I got married to my ex wife, who is Danish while on a schengen visa here in Denmark. I applied for family reunification together with my child who is a minor and we both got residence permit at the same time. So my child moved up to Denmark and has been living together with us for 4 years now. My wife recently asked for divorce and i'm worried about our future here in Denmark.
My present situation: I have Dansk 3, hjælper uddannelse, and 5 months left to finish with my SOSU assistent uddannelse. I have been working through out these years since i got my residence permit, not full time because of my school.
My son: My son was recently adopted by my wife and we have applied for *indfødrets*. He goes to school and is well intergrated in the system.

My ex wife and I have *fælles forældremyndighed* and i have *samvær 7/7 ordning* i don't owe the system, i have never taken *kontanthjælp* and i can take care of myself and my son.

1) What are our chances of being here in the country/ or my chances of being here to take care of my child?
2) Is there anything i can do to maintain my resident permit so i don't loose my son?

Thanks for your understanding.

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce and resident permit

Indlæg af mh » 07.01.2018 08:18:37

Are you actually divorced, that is: have you co-signed the petition, and has it been granted?

If you will have a 7/7 visitation, you will be able to keep your residence permit, because it will be in the child’s best interest - but only untill he turns 18. At that point, you have hopefully other options, such as aquired permanent status, or have held the one and same job for at least two years (during that two years you MUST have exactly the one and same position, as any kind of transfer or promotion will upset your acqusition of ‘two years uåin the same job’).

And btw, is your child over 12, since it is necessary to apply for citizenship?
mh

Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Re: Divorce and resident permit

Indlæg af Arista12 » 07.01.2018 12:32:55

Hi MH

Thanks very much for responding in such a short notice. Keep the good work going only God will reward you.

-Are you actually divorced, that is: have you co-signed the petition, and has it been granted? : Yes we are acctually divorced and i did co-signed the petition. It has been granted.
-And btw, is your child over 12, since it is necessary to apply for citizenship? : No, my son is 9 years old.
- How is the preocedure like, is there anything i have to do now or should i just wait for US to contact me?

Best Regards.

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce and resident permit

Indlæg af mh » 07.01.2018 21:35:28

Ah, I looked a little further into it, and since you and your now ex-wife are not both of you adopters, it seems that your son does not automatically get Danish citizenship.

He will have to apply for it, the procedure is described here: http://uim.dk/arbejdsomrader/statsborge ... -ansogning
mh

Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Re: Divorce and resident permit

Indlæg af Arista12 » 03.09.2018 11:05:28

Hi again to you all. It's been a while since i came forth with my situation and there have been some new developments.
I received a digital mail from US asking me to reply a " pashøring" to give reasons why i may continue my stay in DK. It stated that i will hear from them in not more than 6 months.
I replied the pashøring and summited it to them, along side my; dansk 3, full time job contract 37 hours Per week, samvær papers 7/7, my Sosu certificeres.
My worries are :
1) it's been 6 months and i haven't heard from them. What should i do?.
2) is there any other thing missing for me to have a solid case?
Your kind replies will be most welcome.
Thanks for understanding
Arista12.

uidroot
Indlæg: 174
Tilmeldt: 08.04.2015 02:41:56

Re: Divorce and resident permit

Indlæg af uidroot » 04.09.2018 17:08:00

How did you sent them the docs?

Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Re: Divorce and resident permit

Indlæg af Arista12 » 04.09.2018 18:59:44

Hi again.
I went to US myself and submitted all those documents.
Please someone kindly reply to my questions.
Thanks again for understanding.

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce and resident permit

Indlæg af mh » 04.09.2018 20:54:42

The general rule is that if you have been legal resident for two years or more, you can keep your residence permit after divorce. I think you will be allowed to stay.
mh

Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Re: Divorce and resident permit

Indlæg af Arista12 » 13.01.2019 03:53:11

Hello guys!!!
Happy New Year and thanks very much for the good work you guys are putting in here.
I have a good news to announce and a question to ask.
The good news is that, i've been allowed to stay in DK because of me having time with my child "7-7 ordning".
I have a girl friend studing in one university in Germany and she has valid resident permit in Germany based on her studies, we are planning to get married here in DK and apply for family reunification so we can live here together. My question is as follows, what are our chances that she can be granted a temporal resident permit here and what is our best option if we want to get married and live together.
PS: I still work full time.

Thanks very much for understanding!

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce and resident permit

Indlæg af mh » 13.01.2019 08:19:37

Off hand: not good. Having residence permit in another EU-country only gives her the possibility to visit other EU-countries without visa, it does not enhance her chances of being granted family reunion/residence permit in them. As you know, Denmark is one of the most difficult countries to get residence permit in.

While some requirements can be waived because you have a child with a Danish co-parent, the requirement of permanent residence can not. You will have to wait with family reunion until you yourself have acquired permanent.

Look into her possibilities for education or work/au-pair (au-pair only if you do NOT marry, but can give her the possibility to live near you and learn Danish).

https://www.nyidanmark.dk/en-GB/You-wan ... ng-partner

https://www.nyidanmark.dk/en-GB/You-want-to-apply/Work
https://www.nyidanmark.dk/en-GB/You-want-to-apply/Study
https://www.nyidanmark.dk/en-GB/You-wan ... ly/Au-pair
mh

Arista12
Indlæg: 6
Tilmeldt: 06.01.2018 22:19:30

Re: Divorce and resident permit

Indlæg af Arista12 » 14.01.2019 00:19:39

Hi again MH and thanks for your previous reply.
It's really sad that we can't live together in DK as spouses. I've got some curious questions though!
If i acquire permanent resident permit, can we get married immediately and apply for family reunification or do i need to have the permanent residence for atleast 3 years before we can apply for family reunification? Will having a minor child cancel that rule?

Thanks again for understanding!

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce and resident permit

Indlæg af mh » 14.01.2019 06:05:33

Only the transferred requirements for p.r. can be waived:
https://www.nyidanmark.dk/en-GB/You-wan ... ng-partner

“You need to have held a permanent residence permit at least the past three years.

If you were granted a permanent residence permit on the grounds of an application submitted before 15 March 2017, you also need to meet the transferred requirements for permanent residence permit. Read more about the transferred requirements for permanent residence permit

Exceptions from the requirement
The Immigration Service can suspend the transferred requirements for permanent residence permit in certain situations, such as if you:

are raising minor children who have an attachment of their own to Denmark, or if you have contact with minor children from a previous relationship. Read more about minor children
are seriously ill or have a serious disability. Read more about serious illness/disability”
mh

Besvar