Help with questions

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uidroot
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Help with questions

Indlæg af uidroot » 09.04.2019 09:49:33

So I got divorced from EU partner after 3 years together and all in DK with 6 months separation on top of 3 years. I am on A-kasse, if they ask me why they shouldn't remove the permit and so on. What should I answer?

mh
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Re: Help with questions

Indlæg af mh » 09.04.2019 20:09:13

I do ‘t think they will. That, to my knowledge, only happens when a person has residence permit, not when the person has EU-residence.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 09.04.2019 20:55:46

Ok, Thanks

uidroot
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Re: Help with questions

Indlæg af uidroot » 26.04.2019 00:27:44

This page says that you will loose the resident card after divorce unless you have you are considered but doesn’t say you can retain if you are married for 3 years and such?

The page blow where it says what happens if I am divorced section.

If you have grounds for residence as a family member to a (non-Danish) EU citizen living in Denmark who has independent grounds for residence in Denmark under EU rules, and you no longer meet one or more of the conditions, your grounds for residence will normally be terminated. This would be the case, for example, if you are divorced from the sponsor, if the sponsor has left Denmark or if the sponsor no longer meets the conditions for his or her grounds for residence.

https://www.nyidanmark.dk/en-GB/You-wan ... 87698DE8F5

mh
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Re: Help with questions

Indlæg af mh » 26.04.2019 14:03:36

This is the law:
https://www.retsinformation.dk/Forms/R0 ... 04b2243d1f

Quick, unauthorised translation by me:
§ 15: A citizen of the Union who has the right to reside in the country as a family member pursuant to section 8 (1). 1, or §§ 9-11, will not lose the right to stay at the principal's and his spouse's divorce or termination of marriage upon annulment.
:!: 2. A third-country national who is entitled to reside in the country as a family member pursuant to section 8 (2). 1, or §§ 9-11, do not lose the right to stay at the principal's and his spouse's divorce or termination of marriage upon annulment if
1) the marriage at the beginning of the divorce or annulment procedure has lasted for at least 3 years, of which at least 1 year in the country,
2) the custody of the principal's children by agreement or decision is assigned to a spouse who is a third-country national;
3) there is a particularly difficult situation, including due to the fact that the spouse has been subjected to abuse, abuse or other harm in the home while the marriage was in existence, or :!:
4) The spouse, by agreement or decision, has the right to get together with a minor child, and this gathering must take place in this country.

3. The right of residence, which is maintained in accordance with the rule in subsection (1). 2, after the divorce or termination of the marriage upon annulment, the third-country national is a worker or self-employed person or that he or she has such income or funds for his maintenance that the person does not burden the public or that person is a family member of a person who meets these requirements.

However misleading the text on nyidanmark is, it does not trump the law. The only thing you should take notice of is the request to contact SIRI about your continued residence.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 26.04.2019 15:36:02

Ok thanks. I htought maybe the directive changed. as for contacting SIRI it says they will contact if they are going to make a decision of any change.

SIRI will write to you to inform you if it is considering making a decision that could affect your grounds for residence. In such instances, you will have the opportunity to provide information or documentation to support extending your residence.


I also thought they do this
mh skrev:
09.04.2019 20:09:13
I do ‘t think they will. That, to my knowledge, only happens when a person has residence permit, not when the person has EU-residence.

uidroot
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Re: Help with questions

Indlæg af uidroot » 16.06.2019 14:40:21

So I received an letter and wondering what shall I answer?

Can I say I lived in DK for 8 years and didn't visit my home country since there is bad connection with family about my marriage and I have friends here compared to where I came from

mh
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Re: Help with questions

Indlæg af mh » 16.06.2019 18:12:41

What are they asking?

Only answer the question(s) and make your answer short and to the point. Don't volunteer any information that is not required.

If they do not ask about your family, don't tell. If they ask about visits to your home country, just answer the truth, no need to explain why you did/ did not visit.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 16.06.2019 18:20:23

Hi
the question was standard "why you think we should not revoke your resident permit"
can I quote the directive 4.8 or just say I been living here for 8 years and continue to do so, but is it enough no to revoke the permit?

mh
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Re: Help with questions

Indlæg af mh » 17.06.2019 19:45:33

By all means, copy-paste the directive 4.8. and tell them that you want to avail yourself of the right it gives you to continued residence.

Supply transcript from 'folkeregisteret', copy of your passport (all pages) and copy of your employment contract (you can scan and attach them, I suppose?), it would save time.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 17.06.2019 20:55:23

ok, as for the job i am in between jobs and currently on akasse. should I tell them i am on akasse?

mh
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Re: Help with questions

Indlæg af mh » 19.06.2019 08:52:06

Then attach copy of your bank statements from the divorce on. What is important is to show that you have a regular income that is sufficient to live on.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 19.06.2019 11:11:55

But isnt that they have the income information from skat and how long I been living from the CPR register?

mh
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Re: Help with questions

Indlæg af mh » 19.06.2019 13:12:00

I do not think they have any information from SKAT. They may have right to access your cpr. data, but it probably does help things along that you supply the information.
mh

uidroot
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Re: Help with questions

Indlæg af uidroot » 19.06.2019 18:43:15

If they fpr some reason dont follow directive and ask me to leave, whom should I contact? can I use any free laywer?

Besvar