Residence Permit as Student denied due to marriage

[jayhildur]

I wanted to be studying in Denmark and have been accepted in a Folk High School while being here, at the moment I was waiting for an answer to an visa extension application (I come from a visa free country) I made but I had to give up on it because they needed my passport to proceed with the Residence Permit as Student Visa. However, last Sunday I received the answer for my application.
A refusal from SIRI saying they couldn't give me my visa because they thought I was intending to live here as I am also married to a Dane and mentioning previous emails of me asking about different visa types as at that moment, me and my partner just wanted to have information on future options, with the mail goal always being me studying in Denmark.
I have until monday to leave the country, I got the letter 9 days after it was printed at SIRI which only left me with 8 days to find a flight, make an appeal and spend the last few days with my husband. It left me destroyed, I cant believe it.
It feels like you are not allowed to be married to a Dane, or even ask information to them, as they probably are going to use it against you in the future to refuse you the possibility for the different type of visa you apply for.

Because of the Visa Extension Application, where they told me I can legally stay in Denmark while that is being processed, I have now stayed in Denmark for about 179 days.
This then got me confused in regards to the 90/180 days rule within the Schengen Area, when will I be able to legally re-enter Denmark?

I know it is somewhat allowed for non-EU students in Denmark to get married to a Dane without any problems, but is it really that problematic if I am already married to a Dane within foreign law?
And is that actually a valid ground for them to refuse my student visa application since I already got accepted into a Folk High School and paid the fees for that?

[mhg]

I understand your frustration but: Yes, the reason for refusal is valid. And you have aroused their suspicion by asking about other options, from their point of view you are looking for loopholes.

Since you are married to a Dane, why do you not apply for family reunion? There are possibly reasons that are obvious to them, such as one or both of you being less than 23 years, 6 months of age, or? And getting it does not mean that you may never leave Denmark again.

You will need to stay out of Schengen for at least three months, and cross your fingers that you do not get a visa-quarantine.

Do you and your spouse have any possibility to use the EU-rules?
https://europa.eu/youreurope/citizens/r ... dex_en.htm
https://www.aegteskabudengraenser.dk/fa ... eureglerne