Risk of losing permanent residency

[ucanmanda]

Hi,

I have a permanent residency in Denmark that I got it through work, pay scheme.

I have couple of questions.

1. I will be traveling and staying abroad for 4-6 months (in a row), is there any risk of me losing my permanent residency in Denmark? (I will be keeping my apartment where my CPR is registered in Copenhagen)

2. What is the limit of stay outside of Denmark without losing my permanent residency?

3. I will also be eligible for citizenship very soon and I have been told by someone that, for my citizenship application to be approved, I should only have stayed outside of Denmark for 12 months maximum in total since I first obtained my residence permit. Is that information accurate?

Looking forward to hearing from you

[mhg]

Every period of time that exceeds a normal holiday (2-3 weeks) will add to the required residence minimum (6 months out = 6 more months in DK).

You must inform Folkeregisteret if you will be away from Denmark for 6 or more months, regardless of whether you keep your accomodation in DK or not (general rule for all, also Danes). You must apply for exemption in order not to be registered as having emigrated (and thus immediately lost your residence right). Since your residence permit is permanent you should be able to keep it, provided you do not stay out of DK for more than 6 months, OR if you apply for exemption - with a permanent residence permit you may stay out of DK up to 12 months.

[ucanmanda]

Thank you for the response.

If I stay out of Denmark for 5 months and come back, and then a couple of weeks later leave again for another 5 months, do I risk losing my permanent residency in Denmark?

Is there a maximum amount of time I can stay abroad during a calendar year? Can I just leave and come back infinite amount of times as long as it is less than 6 months at a time without losing my permanent residency?

[ucanmanda]

Got it. Another question I have is, when you are in another country inside EU, for example Sweden or Spain. How does the government know you are not in Denmark?

[ucanmanda]

Thank you for the response.

If I stay out of Denmark for 5 months and come back, and then a couple of weeks later leave again for another 5 months, do I risk losing my permanent residency in Denmark?

Is there a maximum amount of time I can stay abroad during a calendar year? Can I just leave and come back infinite amount of times as long as it is less than 6 months at a time without losing my permanent residency?

It's 6 months within 12 months, so not possible what you suggest.

You wrote 6 months within 12 months, but on nyidanmark website it says: "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." I'm confused, what the actual time limit is.

https://www.nyidanmark.dk/en-GB/Words%2 ... it/lapsing

I have lived in Denmark for 8 years and have tidsubegrænset permanent residency

[mhg]

https://nyidanmark.dk/en-GB/Words%20and ... _residence
"When calculating the 8 years, in some cases 4 years, of legal residence in Denmark the periods in which you have resided abroad will be subtracted unless it is a short stay abroad e.g. a holiday.

It is without consequence whether you are registered with a Danish address or registered as departed in the National Register (CPR) while you are abroad. However, it is a condition that you have a valid Danish residence permit or you have been granted a dispensation for the residence permit lapsing if the stay abroad is to count towards the legal residence requirement."

Also read the paragraph "Stationing or deployment abroad" if your planned stay abroad has connection to your employment.

Be aware: A short return to DK will not be considered as re-taking residence, and will not break the period you will be considered to be staying elsewhere. Not only 'Folkeregisteret' and the immigration authorities but also the tax authorities will have to be informed/may investigate about your stay(s) abroad. If they decide to investigate they can check your use of phone, credit card, registration as resident in another EU-country etc. Stay within the rules and you'll be fine. Trying to cheat may be costly.

[ucanmanda]

Thank you for the clarification.

"Trying to cheat may be costly." - What do you mean by this? What do you mean by "cheating" and what is the "cost"? Would I get a jail sentence, a fine?

[mhg]

Cheating = e.g. not informing Denmark that you are in reality living in another EU-country.

Costly = if you give false information when you apply for Danish citizenship and are found out, you will lose your Danish citizenship and can be sentenced to pay a fine or to up to 2 years of prison. In addition you will never be able to re-apply for Danish citizenship.