Ban 5 years for applying FU for parent?

[MartinF]

Dear Kim, Mh and Others

I hope some of you please help me to clarify this case.

I want to apply FU for my mother under dansk regler, I am fully aware the chance is slim but my question are:

Will she be banned for 5 years to enter Denmark if I submit the application?

She is currently in DK on tourist visa and she is not intended to stay here to wait for the answer but she will wait for the answer at her home country. It was me that want to take a chance to submit the application while she is here.

If the law said she will be banned for 5 years if I submit the application here, so are there any differences if she applies at her home country via Danish Embassy?

In case the application is rejected while she is at her home country, are there any consequences if she applies for tourist visum as usual?

I am quite confused because I read on a website of familiesammenføring from a lawyer, quote "Såfremt man har fået afslag vil en ansøgning foretaget under besøg i Danmark sædvanligvis give 5 års forbud mod nyt besøg!"

I tried to find this piece of information in nyidanmark.dk but I could not find it anywhere, therefore I would appreciate if someone can show me where to find such information so I can understand the law and avoid making unneccessary mistake.

Thank you all very much in advance.

[mhg]

An actual ban will only be issued if one does not leave when one's visa expires, so if your mother hands in the application and leaves on time, there will be no ban. However, the visa authorities may still refuse to issue new visa on the grounds that they find that there is a risk that your mother will not leave on time next time, but choose to stay illegally in Denmark.

My advice is to tread very carefully in your situation, and be sure that all the ducks are in a row.

[MartinF]

Thanks a lot for your answer, Mh.

Could you please elaborate how to avoid the problem that the authorities can refuse to issue a tourist visa for my mother on the next visit?

I would like to ask another question that:

Will it be a problem that my sister who is a Dutch national who is living here(DK) on the ground of having her business can submit the FU under EU rules for my mom at the same time when I submit application for my mom under dansk regler? Are they 2 seperate authorites or are they just the same auhority?

Here is a brief info about my case:
Me, hold danish citizenship and my sister is a dutch national. My mom is a widow and have 2 children. We are both living in DK.

Thanks and I appriciate for any advices

[mhg]

No, unfortunately I can't. The only way to be 100% sure that that doesn't happen is to not overstay, and not behave in a way that makes the authorities suspect that one intends to take up residence with or without permit.

While applications can be handed in/sent to the same adresses and the addressee for both applications is SIRI, cases about family reunion according to EU-rules are handled by different officials than those who handle cases according to Danish rules, because they are very different sets of rules. There is no risk that one and the same person will be handling both applications.