Understand the concept of procedural stay

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Kim P. Nyberg
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Understand the concept of procedural stay

Indlæg af Kim P. Nyberg » 16.07.2023 16:42:05

Let me start by cutting through all the misconceptions: You have procedural residence absolutely from the moment you submit your FA1 application form until you receive a final decision on your application. You do NOT have to submit a separate application for procedural residence.

You have the right to stay in the country until you receive a response to your FA1 application form, even if your visa expires in the meantime. However, you do not have the right to work here while the case is being processed. This applies regardless of whether it is voluntary, unpaid or paid work. Likewise, you cannot be referred to the language school via the municipality during this period. You only have the right to "be here" on tourist-like terms.

If you need to return home in the meantime, you can apply for a return travel authorisation from the Danish Immigration Service. It is free of charge and can be issued within a few days. A return travel authorisation allows you to return to Denmark while your case is still being processed by the Danish Immigration Service.

The concept of procedural residence does not exist in EU Law.
Senest rettet af Kim P. Nyberg 21.01.2024 16:21:09, rettet i alt 1 gang.
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hygge
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Tilmeldt: 20.08.2023 12:50:31

Re: Understand the concept of procedural stay

Indlæg af hygge » 20.08.2023 13:01:45

Doing procedural stay, do you have any suggestions of what to do in regards to healthcare after handing in the F1?

As I understand it, you need a residence registration to get a CPR. But its not possible to do under procedural stay even if the stay is longer than 3 months?

Kim P. Nyberg
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Re: Understand the concept of procedural stay

Indlæg af Kim P. Nyberg » 20.08.2023 13:11:02

You need to have an insurance cover at an insurance company until you receive the permit.
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Jennyinbc
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Re: Understand the concept of procedural stay

Indlæg af Jennyinbc » 26.09.2023 19:44:06

From the nyidanmark page: "a re-entry permit will only be granted if you have a special reason for needing to travel, and you will only be abroad for a limited amount of time."

Any idea what a 'special reason' would be, or not be? What's a 'limited amount of time', and is there a limit to how many times can I get a re-entry permit?

Kim P. Nyberg
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Re: Understand the concept of procedural stay

Indlæg af Kim P. Nyberg » 27.09.2023 04:32:23

In practice, you do not need a special reason for the re-entry permit. You can have up to 90 days and the re-entry permit will be issued to you the same day you show up in the Udlændingestyrelsen.

The most common reasons for re-entry permit, however, is very ill family member or death/funeral.
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