Family reunification under EU rules as student

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chaulongvt
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Family reunification under EU rules as student

Indlæg af chaulongvt » 30.08.2019 07:45:00

Dear Æteskabudengraenser

I am dutch citizen, I have moved to Denmark on the ground as student, I have an apartment with contract here in Denmark, I have terminated the contract of my apartment in Holland. I'm married, my husband is vietnamese citizen and currently living in Vietnam. I have applied for my CPR.nr and waiting for it arrive.

Now, I want to apply for family reunification with my husband. As I understand I can apply under EU rules but since I am student, I don't know how is the precedures for this. In a few weeks, I am going to have a cleaning job, it will be 20-30 hours per week, and I don't know if it is sufficient for the requirements.

I am so thankful if anyone can give me advices of what to do so I can reunite with my husband. Thank you very much.

Sincerely
ChauLong

mh
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Re: Family reunification under EU rules as student

Indlæg af mh » 30.08.2019 16:03:53

If you are working minimum 10-12 hours/week, you fulfil the criteria for being a worker in the sense of EU law, so don't worry. When you have your contract, you may if you want change your status, but you don't need to. As a student you are not obliged to document your income, you just have to sign a declaration that you will provide for yourself and your spouse.

You can invite your husband on an ordinary visa, then after he arrives you can apply for his residence card.

You will find the online invitation form here: https://www.nyidanmark.dk/en-GB/Applyin ... B2DF6E3ECD

If you do not feel comfortable with the online invitation, you can use the form that you can download from the same page (look a few lines below the red online application button).

When your spouse fills out his application he MUST remember to fill out Nr. 34: Personal data of the family member who is an EU, EEA or CH citizen, AND tick box 35 for SPOUSE, so that is is clear that he is applying as a spouse of an EU-citizen.
Application form here: https://www.nyidanmark.dk/NR/rdonlyres/ ... n_visa.pdf

DO remember to send your spouse copy of your marriage certificate if he does not already have one, and remember it must be legalised and have an authorised translation to English. Also you should send copies with information about your income and status as a student. Your spouse must make a travel/-health insurance for a sum of minimum 30.000 € for the period for which he want visa for (max 90 days). Buy one that can be extended if necessary, he will get health insurance in DK as soon as his application is approved, but it may take up to 6 months before that happens.

Also he MUST make reservations for a return ticket (he does not need to show the actual ticket when he applies for visa, just a reservation), AND when he has his visa buy a return ticket, otherwise he will be denied boarding.

OR if that is very much more expensive than a one-way (for some countries it isn't) he must have a one-way to Denmark plus a one way out of Denmark, to a country outside of Schengen. That can be Turkey for which he can apply for an e-visa = no strict visa requirements other than passport that is valid minimum 6 months at the application time. There are often very cheap tickets to be had from Denmark to Turkey. Sometimes such a return ticket is cheaper than a one-way, if that is the case buy the return.
mh

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 01.09.2019 10:55:42

Thank you a lot for your quick response.

I forgot to mention earlier that my husband was refused twice as tourist visa, one for the Netherlands (when I lived there and we had not yet married), one for Denmark (my brother who is a Dane citizen, invited him back then).

Would this history have any impact on the new visa application as spouse reunification process?

mh
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Re: Family reunification under EU rules as student

Indlæg af mh » 02.09.2019 07:44:49

At that time you were not a EU citizen with RIGHT to have your spouse visiting, or to being family reunited with your spouse, and your brother was not a spouse with these rights either, so it should not have any impact whatsoever that he was refused a tourist visa.
mh

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 03.09.2019 14:08:01

Dear mh,

Thank you so much for your reply.

One more question please.
Although my husband has never been to Europe nor Denmark, he and I have signed together a housing contract where I am living in at the moment in Denmark. When I applied for CPR number, I included the housing contract with our signatures as well as the marriage certificate.

Would the fact that my husband signed the cohabitation be an obstacle to apply for short stay visa? Because according to nyidankmark.dk under “what applies for main group 3” which includes Vietnam, it says “Your application will be refused, no matter what relationship you have with the host, if we assess that there is a high risk that you take permanent or long-term residence in Denmark or in another Schengen country.”

Since the applications were refused twice, I get so anxious about this matter.

Once again thanks for your time and consideration.

Best regards,
ChauLong

skaanebo
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Re: Family reunification under EU rules as student

Indlæg af skaanebo » 03.09.2019 18:19:37

You confuse national laws with EU laws. EU laws trump national laws so don’t worry about requirements under Danish laws. As a citizen in the EU using your rights of free movement, you and your family come under EU laws that guaranteeyour right to keep a family life.

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 07.09.2019 23:09:24

Thank you so much for your time and consideration.

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 11.09.2019 16:44:56

Dear mh & skaanebo,

Would receiving SU affect the process of short stay (and maybe long stay if the short stay is approved) visa application for my husband’s case?

I hope to hear from you.

Much appreciated,
ChauLong

mh
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Re: Family reunification under EU rules as student

Indlæg af mh » 11.09.2019 22:11:59

Not negatively, it is legal income.
mh

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 15.09.2019 12:11:32

Thank you a lot mh.

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 26.09.2019 19:20:16

Dear mh,

Since I'm starting with the invitation letter to my husband for short stay visa, could you please advise me on these questions?

1. As a student, I don't need a proof of income but a declaration of self-support, do you know where I can get that form or how should I declare it?

2. Does my husband need to prove his finance or income in his visa application that he applies in Vietnam? What if he can't prove it since my husband works for his father in the farm and doesn't have any proof of income?

3. Is it possible to apply (for my husband) for EU residence as a family member to an EU citizen from Danish consulate in Vietnam or must it be applied in Denmark?

Much appreciate for your time and response.

Greetings,
ChauLong

mh
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Re: Family reunification under EU rules as student

Indlæg af mh » 26.09.2019 20:39:22

1) you can give copies of your bankstatements for the latest three months - don’t worry if they don’t show very much, as having a guest in your home is not that much of an extra expense.
2) In principle he doesn’t, but if you can send him a few 1.000 DKK, it will not hurt. He can bring them back with him, as it is advisable that he has cash on his person, in case of delays (not all airlines take proper care of their passengers in such situations), and to show at the passport checkpoint, if they should ask. Let him carry a copy of your invitation, so he can show your name and address if they should ask who he is coming to visit, and where he is going. Even I have been asked about where I was going on arrival to DK.
3) It is, but it may take six months or more before he gets the permit. It may take as long in DK, but he can stay during the waiting time, and is allowed to work.
mh

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 27.09.2019 08:13:33

Thank you so much mh.

So in the part who is going to sponsor for travel expense, is it ok if I tick only the host, or also the applicant?

About the question 3 above, if my husband won't able to come to DK on short stay visa, would it be possible to apply Eu residence in Vietnam?

Have a good weekend!

mh
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Re: Family reunification under EU rules as student

Indlæg af mh » 30.09.2019 08:22:15

I would tick 'the host'. It is not really of great importance when it is a visa for a spouse, the form you fill out it also used for those invited by organisations, employers etc. and in that case it has importance.

And yes, he will be able to do so, but in that case you must have patience, both of you.
mh

chaulongvt
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Re: Family reunification under EU rules as student

Indlæg af chaulongvt » 02.10.2019 20:33:32

Many thanks, mh!!!

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