Registering address

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Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Registering address

Indlæg af Ravani » 14.08.2019 20:45:09

Hi,

After three years and half I got divorced from my ex.
Everything was fine until I got a notice from copenhagen municipality that my ex has informed them that I haven't lived together with her in the past year, which is true.
The last year was problematic that forced us to live separately and since I couldn't find a stable place, she agreed to have me still registered at her place, until in january 2019 after we had a discussion, she informed them about that.
Now I have a letter asking me to inform them where I lived in the past year because my address is registered unknown in the cpr system for the past year.
I have two questions and I really appreciate if someone can help me:
1) Is it a problem to not have lived together with my wife in the past year?
2) will there be problems that I informed them now about the places I lived?
Wouldn't they create problem saying that why have I not informed them right there and then?
Most of the places I lived were at friends, couch surfing here and there and out of the three more-permanent places I lived at, two didnt allow me to have my address registered, and that was one of the reasons I still had my address registered at my ex.

Is there anyone having some experience or knowledge about that?

Thanks in advance

mh
Indlæg: 9929
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Registering address

Indlæg af mh » 15.08.2019 08:15:37

On which basis do you have your residence in DK?

If your basis is EU-rules the problem is less than if is national rules.

You are by law obliged to inform the National Register (Folkeregisteret) about your current address.

If you have permanent residence, the problem is only your address. If you do not, you may have lost your right of residence.
mh

Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Re: Registering address

Indlæg af Ravani » 15.08.2019 15:47:38

I dont have permanent residence, it is temporary and under EU rules.

I didn't have an address as I explained, basically for the most part I could count as a homeless as I was living here and there.

mh
Indlæg: 9929
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Registering address

Indlæg af mh » 15.08.2019 16:37:20

When you have residence right according to EU-rules, you do not need to live at the same address as your spouse, only in the same EU-state. And if your marriage has lasted three years, and you have lived minimum the latest one year in DK, your residence right can continue, on the condition that you are self-supporting (job, alimony, other legal income or means). There is no mention of you being required to be registered at a residence.

According to Danish law a person must registered at the address where he or she actually lives or resides. If you do not have a residence, you must register at your permanent residence if your stay there has a certain duration. A permanent residence may be e.g. a crisis center, an institution, a hospital, etc.

How long the 'certain duration' is is not defined, but as you have to inform the National Register within five days when you move from one address to another, I assume that a stay of more that five days with no agreement of when you are to leave could be one that should be registered. You may be fined for non-registering, but it need not be a case that go to court, if you upon announcement from the municipal council that they intend to fine you accept the fine and pay it.

The fine can be some thousand kroner. You would be well advised to pay, and if the fine is too big to pay at once, make an agreement with the municipal council about paying in instalments.
mh

Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Re: Registering address

Indlæg af Ravani » 18.08.2019 19:51:02

We were married for more than three years, and have lived for 2.5 years in dk and have a job and enough saving to show I am self-sufficient.

But under which conditions that could lead to me losing my right of residency?

mh
Indlæg: 9929
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Registering address

Indlæg af mh » 19.08.2019 06:46:18

Your residence right may be revoked, if you do not fulfil the conditions of being self-supporting or behave in a way so that you must be considered "a serious threat to public order, security or health".

That will be the case if you commit serious crimes, such as smuggling drugs or weapons, contaminate food or water, or join criminal organisations. Other actions can be considered "a serious threat to public policy, security or health", this is not a comprehensive listing.

Being jobless for a shorter term will not necessarily affect your residence right, but it may.
mh

Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Re: Registering address

Indlæg af Ravani » 19.08.2019 20:26:32

Thanks, I would understand those situations if they lead to ones right of residency being revoked.

I was explicitly asking about the address registration and if that could lead to me losing my residency because you mentioned that in your first response.

mh
Indlæg: 9929
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Registering address

Indlæg af mh » 20.08.2019 12:05:44

Committing an offence that is not punishable by more than a fine (no jail time) will not constitute 'a threat to society'.
mh

Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Re: Registering address

Indlæg af Ravani » 20.08.2019 15:37:39

So as I understand, if a non-danish does something that can be punishable by jail, could lead to losing the residence permit?
If so then it is a matter of finding out if not informing the municipality has jail time, right?

Ravani
Indlæg: 15
Tilmeldt: 29.11.2018 20:16:23

Re: Registering address

Indlæg af Ravani » 20.08.2019 20:44:18

I was at a counseling today, these offices that provide free counseling. They didn't know much about the eu rules but they went to read up on it and came back by some information saying that as the starting point, when you get divorced, by default you lose you right to live in Denmark. But they look in to your case to see and evaluate your connection to Denmark, if you have kids, jobs etc.
Now I am confused if the three years matter at all? or my connection to Denmark is the most important part.
It is really confusing with these different information, even though I read a document on NyiDanmark.dk which said that i should be fine if I lived here for more than a year and been married for more than three years.

mh
Indlæg: 9929
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Registering address

Indlæg af mh » 21.08.2019 09:18:26

No sweat: The three year rule is part of EU- and Danish law. NyiDanmark is NOT the best place to find info on EU-law.

The counsellors you met clearly did not know that they should have looked up "Orientering til Statsforvaltningen om EU-opholdsbekendtgørelsen", which is information to the authority that former was responsible for EU-cases about how to interpret the EU Residence Act, and is still valid although the responsible authority is now SIRI. The body has changed, not the EU Residence Act, and thus not the interpretation.

It has this paragraph in Danish: "4.8.2 Tredjelandsstatsborgeres ret til fortsat ophold
Det følger af EU-opholdsbekendtgørelsens § 15, stk. 2, at en tredjelandsstatsborger, der har ret til at opholde sig her i landet som familiemedlem efter § 8, stk. 1, eller §§ 9-11, ikke mister retten til ophold ved hovedpersonens og dennes ægtefælles skilsmisse eller ophør af ægteskabet ved omstødelse, hvis:
 ægteskabet ved begyndelsen af proceduren til skilsmisse eller omstødelse har varet i mindst 3 år, heraf mindst 1 år her i landet, jf. stk. 2, nr. 1,
 forældremyndigheden til hovedpersonens børn ved aftale eller afgørelse er overdraget til en ægtefælle, der er tredjelandsstatsborger, jf. stk. 2, nr. 2,
 der foreligger en særlig vanskelig situation, herunder som følge af, at ægtefællen har været udsat for overgreb, misbrug eller anden overlast i hjemmet, mens ægteskabet bestod, jf. stk. 2, nr. 3, eller
 ægtefællen ved aftale eller afgørelse har ret til samvær med et mindreårigt barn, og dette samvær skal finde sted her i landet, jf. stk. 2, nr. 4."

In English that means: "4.8.2 Third-country nationals' right to remain
It follows from paragraph 15 (2) of the EU Residence Act, that a third-country national who has the right to reside in the country as a family member under paragraph 8 (2). 1, or paragraph 9-11, do not lose the right of residence upon divorce of the principal and his spouse or termination of marriage by marriage if:
 the marriage at the beginning of the divorce or divorce proceedings has lasted for at least 3 years, of which at least 1 year in the country, cf. 2, no. 1,
 the custody of the main character's children by agreement or decision is transferred to a spouse who is a third-country national, cf. 2, no. 2,
 there is a particularly difficult situation, including as a result of the spouse having been abused, abused or otherwise harmed in the home while the marriage lasted, cf. 2, No. 3, or
 The spouse by agreement or decision has the right to be with a minor child, and this contact must take place in this country, cf. 2, No. 4."

Perhaps you would do the counsellors a favour by informing them of this ...
mh

Yvie
Indlæg: 10
Tilmeldt: 29.07.2019 11:36:15

Re: Registering address

Indlæg af Yvie » 09.09.2019 07:42:49

mh skrev:
15.08.2019 16:37:20
When you have residence right according to EU-rules, you do not need to live at the same address as your spouse, only in the same EU-state. And if your marriage has lasted three years, and you have lived minimum the latest one year in DK, your residence right can continue, on the condition that you are self-supporting (job, alimony, other legal income or means). There is no mention of you being required to be registered at a residence.

According to Danish law a person must registered at the address where he or she actually lives or resides. If you do not have a residence, you must register at your permanent residence if your stay there has a certain duration. A permanent residence may be e.g. a crisis center, an institution, a hospital, etc.

How long the 'certain duration' is is not defined, but as you have to inform the National Register within five days when you move from one address to another, I assume that a stay of more that five days with no agreement of when you are to leave could be one that should be registered. You may be fined for non-registering, but it need not be a case that go to court, if you upon announcement from the municipal council that they intend to fine you accept the fine and pay it.

The fine can be some thousand kroner. You would be well advised to pay, and if the fine is too big to pay at once, make an agreement with the municipal council about paying in instalments.
May I ask where does someone report change of address?

skaanebo
Indlæg: 11479
Tilmeldt: 09.06.2007 19:00:10

Re: Registering address

Indlæg af skaanebo » 09.09.2019 08:00:57

At Borgerservice or borger.dk

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