Understand the visit requirement in minutes

[Kim P. Nyberg]

The visit requirement can also cause confusion, not least because of the way it is explained on newtodenmark.dk.

The explanation there is that the foreigner must have visited Denmark at least once. So, let's take a closer look at what this means.

In order for you to apply for family reunification under the rules of the Aliens Act, it is a requirement that the foreigner has been in this country at least once in his or her life. There is no mention anywhere of the length of stay or of a statute of limitations on this visit, and it must therefore be assumed that there is none. The only requirement is that the visit was legal, i.e., that the foreigner had a valid visa for Denmark, a residence permit for another EU-country, or was covered by a visa-waiver program. And of course, the visit must be provable.

Some interpret the visit requirement to mean that the foreigner must complete a full visa visit, then return home and can only apply for family reunification at the next visit. This interpretation is incorrect. It is enough that the foreign national has set foot on Danish soil. In principle, the foreign national can cross the border into Denmark, arrive at the residence you live in and then go to the Danish Immigration Service with the FA1 application form.

If the person has returned home, the FA1 application form can be submitted via a Danish embassy or consulate in their home country. The person cannot enter Denmark or other Schengen countries while the case is being processed.

If you have been denied both a visa that prevents you from meeting the visitor requirement, and family reunification on the grounds that the visitor requirement has not been met, you may submit these refusals to the Danish Immigration Service and request reconsideration. Their own declaration to us states that they are not allowed to both insist on the compliance with the visitation requirement and prevent the foreigner from achieving it. This implies that they must consent to either a visa or family reunification, subject to the fulfillment of all other prerequisites.

NOTE: This requirement does NOT apply to you if you submit an AO1 application.

[Kim P. Nyberg]

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