Family reunification under Danish law vs. 5 years ban
My brother (dansk) and I (dutch) are planning to apply for our mother as family reunification, both under EU law and Danish law. I am fully aware this is not an official case under Danish law but as they said there are possibilities under some circumstances. I have following questions and hopefully with your expertise can give me a better understanding.
As they said in the said in the application form while my brother is filling, there is mentioning as follow
“Information about possible consequences if you apply for a residence permit while in Denmark on a visa (short term)
If you are staying in Denmark on a visa (short term) and you submit an application for a residence permit in this country, you need to be aware that it may have the following consequence:
• You can become ineligible for a visa for five-years (Aliens Act section 4 c).
However, the abovementioned consequence do not apply in the following cases:
• If you are a child under 15 or a spouse applying for family reunification.
• If you apply for a residence permit in order to study.
• If you apply for a residence permit in order to participate in the cities of refuge program.
• If you apply for a residence permit on the grounds of work, and you meet the requirements to obtain a permit.
• If there are decisive humanitarian reasons for allowing you to remain eligible for a visa.
Our mother is still having her valid tourist visa until around mid-November, I would like to ask if my brother is logging her application now, will she face any consequences for the banning 5 years right away? Our mother is going to leave Denmark as plan which is next month.
The second question is, if I send in application for our mother under EU-law. Is she allowed to stay in Denmark waiting for the final answer?
Thank you very much and I sincerely appreciate for your answer.