2 years old visa

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Hopeful
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2 years old visa

Indlæg af Hopeful » 05.12.2018 19:44:43

hello helping people!

My 2.3 years old daughter was born in denmark. Unfortunately her mother denied for family reunification when she was 5 months old so she leaves the country with her mother, she got her Permanent residence card after a month.
The thing is Now her mother is quite hopeful that she will get visa soon. But what about her daughter??
PS: her residence permit is not cancelled.
can we get permission for entry in denmark by using BF3 form?

what is the best option to bring her back with mother?
hope for the helpful answer.

mh
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Re: 2 years old visa

Indlæg af mh » 06.12.2018 15:01:26

If your 2-year old daughter is your biological child, she is a Danish citizen and as such does not need permission to enter and/or live in DK. This rule applies regardless of whether you and her mother were married or not.

Did your daughter not get a Danish passport? How did she get out of DK?
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 06.12.2018 15:33:52

mh skrev:
06.12.2018 15:01:26
If your 2-year old daughter is your biological child, she is a Danish citizen and as such does not need permission to enter and/or live in DK. This rule applies regardless of whether you and her mother were married or not.

Did your daughter not get a Danish passport? How did she get out of DK?
Thank you mh for the answer.
She is born in Demmark and i have a Permanent residence permit so she too have a permanent residence permit.
As i already told in above post my wife has to leave so our daughter too have to leave beacuse she was just 5 months old.
we got a permission letter( Emergency Exit) from home country embassy in Denmark,because at that time she does not have a passport nor have a residence card. she got a card after a month travel to home country.
looking for the sincere advise

mh
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Re: 2 years old visa

Indlæg af mh » 07.12.2018 10:14:27

Sorry, but you did not specify that you are not a Danish citizen.

In this case your daughter will need a visa. Her residence permit has become invalid because she left Denmark and has been out of DK for more than 6 months.

She must get a passport and apply for visa, just like her mother.
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 07.12.2018 12:21:51

mh skrev:
07.12.2018 10:14:27
Sorry, but you did not specify that you are not a Danish citizen.

In this case your daughter will need a visa. Her residence permit has become invalid because she left Denmark and has been out of DK for more than 6 months.

She must get a passport and apply for visa, just like her mother.

No, she is not a danish passport.
but can’t we apply by using bf3 form?

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 07.12.2018 12:30:07

mh skrev:
07.12.2018 10:14:27
Sorry, but you did not specify that you are not a Danish citizen.

In this case your daughter will need a visa. Her residence permit has become invalid because she left Denmark and has been out of DK for more than 6 months.

She must get a passport and apply for visa, just like her mother.
No, I am not a danish citizen.

But her PR card is not cancelled yet. and she got letters from kommune etc.

can’t we apply visa using BF3 form?
https://www.nyidanmark.dk/-/media/Files ... EA59CE79FD

mh
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Re: 2 years old visa

Indlæg af mh » 08.12.2018 17:25:24

This is the rule that applies:
"If you have a permanent residence permit it will also lapse, if you no longer have a residence in Denmark and leave Denmark or if you leave Denmark for more than 12 months in a row.

However, a residence permit for a child under 18 will lapse after 3 months, if the child has resided outside Denmark for more than 3 months in a row in a way that has a negative effect on the child's schooling and integration."

https://www.nyidanmark.dk/en-GB/Words-a ... n-Service)

The reason you have not received a letter cancelling her residence right is most likely that you have not informed the Immigration Service that your daughter left DK. It will however be noticed, if she tries to enter DK without a visa.

You may try to apply for exception, but as I understand the case, none of the reasons for exception apply to your daughters case, so don't get your hopes up too high. As it may also take 6 months before you get an answer, I would advice that you apply for visa for her.
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 08.12.2018 18:45:59

mh skrev:
08.12.2018 17:25:24
This is the rule that applies:
"If you have a permanent residence permit it will also lapse, if you no longer have a residence in Denmark and leave Denmark or if you leave Denmark for more than 12 months in a row.

However, a residence permit for a child under 18 will lapse after 3 months, if the child has resided outside Denmark for more than 3 months in a row in a way that has a negative effect on the child's schooling and integration."

https://www.nyidanmark.dk/en-GB/Words-a ... n-Service)

The reason you have not received a letter cancelling her residence right is most likely that you have not informed the Immigration Service that your daughter left DK. It will however be noticed, if she tries to enter DK without a visa.

You may try to apply for exception, but as I understand the case, none of the reasons for exception apply to your daughters case, so don't get your hopes up too high. As it may also take 6 months before you get an answer, I would advice that you apply for visa for her.
she has a permanent residence permit.
what if we apply her visit?
what are the chances?

mh
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Re: 2 years old visa

Indlæg af mh » 08.12.2018 21:00:27

No, she no longer has permanent residence; according to Danish law a permanent residence is as a main rule only permanent if you stay in Denmark.

In some cases it is possible to keep it, but your daughter has been out of Denmark for much longer than three months "in a way that has a negative effect on the child's schooling and integration" without any other reason than that you as her parents felt that she should be with her mother, rather than her father. I am not saying that that was a wrong decision from the point of view of the child's best interest, but it is not a legally valid reason.

It will probably be possible to get a new residence permit for your daughter, as she is way younger than 8 years, and therefore will not be subjected to the 'integration potential evaluation'.

https://www.nyidanmark.dk/en-GB/You-wan ... B6B4FAD530
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 08.12.2018 21:13:23

mh skrev:
08.12.2018 21:00:27
No, she no longer has permanent residence; according to Danish law a permanent residence is as a main rule only permanent if you stay in Denmark.

In some cases it is possible to keep it, but your daughter has been out of Denmark for much longer than three months "in a way that has a negative effect on the child's schooling and integration" without any other reason than that you as her parents felt that she should be with her mother, rather than her father. I am not saying that that was a wrong decision from the point of view of the child's best interest, but it is not a legally valid reason.

It will probably be possible to get a new residence permit for your daughter, as she is way younger than 8 years, and therefore will not be subjected to the 'integration potential evaluation'.

https://www.nyidanmark.dk/en-GB/You-wan ... B6B4FAD530
Thank you so much for the detailed answer.
But what if she get a visit visa?
And when she came here we will apply for family reunification from Denmark.

mh
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Re: 2 years old visa

Indlæg af mh » 08.12.2018 21:18:53

That is probably the best way to do it.

Do you and your wife now qualify for family reunion? If so, both of them should be able to get visa. Good luck with the process.
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 08.12.2018 21:42:34

mh skrev:
08.12.2018 21:18:53
That is probably the best way to do it.

Do you and your wife now qualify for family reunion? If so, both of them should be able to get visa. Good luck with the process.
My wife is waiting for her answer. (hope she will get a visa in a month)
Me and my 6 year old son is already in Denmark.
I have just pass the citizenship test and i am going to apply for passport in coming days.
Is it possible that just my daughter get a visit visa?

mh
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Re: 2 years old visa

Indlæg af mh » 09.12.2018 09:59:24

It would have been the wisest to apply for your daughter's family reunion together with you wife's, but I understand that you thought it would not be necessary.

I would really advice against taking the chance that the passport police would not notice that your daughter left DK without a passport more than 2 years ago. This information most likely pops up in the system somehow, and considering the policy in DK these days, I would not rely on the police officer inspecting your wife's and daughter's passports will act humanely and decide that a two-year old cannot be denied entry, and cannot be sent home on her own. I would advice you to apply for visa for your daughter.

HOWEVER, I do not have any experience with a situation like yours, so I would advice you to go to a legal aid-office an ask their advice as well.

You may find addresses here:
http://www.aarhusretshjaelp.dk
http://www.advokatvagtaarhus.dk
https://www.copenhagenlegalaid.com
http://www.kringlegangen.dk

Or google 'retshjælp' and the major city nearest to you. Or tell me which city that is, then maybe I can find an office for you.
mh

Hopeful
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Re: 2 years old visa

Indlæg af Hopeful » 09.12.2018 10:11:19

mh skrev:
09.12.2018 09:59:24
It would have been the wisest to apply for your daughter's family reunion together with you wife's, but I understand that you thought it would not be necessary.

I would really advice against taking the chance that the passport police would not notice that your daughter left DK without a passport more than 2 years ago. This information most likely pops up in the system somehow, and considering the policy in DK these days, I would not rely on the police officer inspecting your wife's and daughter's passports will act humanely and decide that a two-year old cannot be denied entry, and cannot be sent home on her own. I would advice you to apply for visa for your daughter.

HOWEVER, I do not have any experience with a situation like yours, so I would advice you to go to a legal aid-office an ask their advice as well.

You may find addresses here:
http://www.aarhusretshjaelp.dk
http://www.advokatvagtaarhus.dk
https://www.copenhagenlegalaid.com
http://www.kringlegangen.dk

Or google 'retshjælp' and the major city nearest to you. Or tell me which city that is, then maybe I can find an office for you.

Thanks a lot for all the help.
we live in Copenhagen.
Senest rettet af Hopeful 09.12.2018 14:39:36, rettet i alt 1 gang.

mh
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Re: 2 years old visa

Indlæg af mh » 09.12.2018 11:01:30

Then you should go to Aarhus Retshjælp, which you find in the same street as the court and Aros, in the villa-like building on the same side of the street as the court:
http://www.aarhusretshjaelp.dk

The home page has an English version.
mh

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