Step-by-step - How To Do - Family Reunion in Denmark for EU Nationals and Their Family Members

[Kim P. Nyberg]

STEP-BY-STEP – HOW TO DO – FAMILY REUNION IN DENMARK FOR EU NATIONALS AND THEIR FAMILY MEMBERS

This Step-by-step guidance is for you who hold citizenship in an EU/EEA Member State (however not a Danish national) and who wants to exercise your EU/EEA right to free movement in Denmark. We will tell you what to do, how to do it and in what order to do, so you will succeed in your process here. We had made this guideline in a way, so you can just jump in right where you are in the process and go from there. If you are not familiar with all the other guidelines we have made, we have divided each guideline into some headlines, so it is quick to find the situation you're in.

If you are a national of Norway, Sweden, Finland or Iceland

You do not need to have the EU registration cerifiticate mentioned in the EU Citizenship Directive 2004/38. It is sufficiant that you just register yourself in the local Town Hall Service Center. You have the immediate right to work in Denmark and attend language school here (however it is not mandatory).

If you are single

You have the right to settle in Denmark, if you either work or have sufficient funds not to become an unreasonale burden on the Danish social system. Where in the EU/EEA you work (if so), is completely up to you. You can, in principle, remain here for as long as you please. However, if you want to stay here for more than 3 months, you need to contact the Board of International Recruitment and Integration (Styrelsen for International Rekruttering og Integration – hereafter just ”SIRI”) in order to get an EU Registration Certificate.

If you are in a relationship, and your family members are also EU/EEA nationals

They have the exact same rights as yourself, so the description about being single is sufficiant on them as well. It makes no difference if you are married or not.

If you are in a relationship and want to get married in Denmark

We have heard from some foreigners, that to get married in Denmark is pretty easy. Here is how it goes:

First of all, both you and your partner need to bring along a non-marriage certificate from your home country's authorities. If you have it in English, you do not need to have it translated. If the document origins from an EU/EEA Member State, it does not need to be stamped by any notary.

Next, you go to https://familieretshuset.dk/en/your-lif ... -marriages, you click on the link that fit to your situation and then you apply for an approval certificate (prøvelsesattest). If the Family Court House have all the papers they need from the start, the processing will be around 5 business days. However, if they need to request for further documents, it might take up to 10 weeks.

When you have the approval certificate, you can go to any town hall or church to schedule date and time for the wedding ceremony.

However, there are some requirements to meet to get the approval certificate:

First, both of you need to be out of previous relationship for the last 12 months or so and your new relationship must also have lasted for around the last 12 months or so. If you are called in for an interview, it is because the Family Court House have some questions they need to have clarified. It can be about your relationship or about your respective family backgrounds. It might sometimes be quite intimidating to you, but the sole purpose is to find out how well you know each other.

The fee for applying for the approval certificate is 1.900 Danish kroner (255 euro). No matter if you get approval or denial, the money is gone for good.

If you are married to a third country national family member (hereafter TCN) and you want family reunion in Denmark with that person

Any country outside the EU/EEA area is in EU law considered third countries. If your spouse is a TCN, your spouse have the right to join you or accompany you in Denmark. The TCN can be here for 3 months, regardless of the expiry date on the visa, if the purpose is to live with you as a resident here. Within those 3 months, the TCN apply for an EU Residence Card at SIRI, and when that is lodged to SIRI, the TCN have the right to remain here all the way until there is a final answer to the application. You find the application here: https://nyidanmark.dk/en-GB/Applying/Re ... EU-citizen

The first residence card is valid for 5 years or until you move across borders within the EU/EEA area.

From the very time of arrival to Denmark, the TCM has the right to work in Denmark (even no permit yet), and also have the right to attend Danish language school. It is not mandatory, it is purely optional. Be aware, that if the TCM is denied the Residence Card, work done prior to the denial might be considered unlawful and might result in a huge fine both to the employer and to the employee.

When is comes to health care, visits to the doctor, the hospital or the ER is completely free when you can show a so-called yellow card issued by the municipality. Insurance is therefore not required once you have received the yellow card.

Documents you need to provide

The beforementioned Directive 2004/38 have an exhaustive list of documents you need to provide for SIRI. However, it depends on your status here what to provide.

If you work in Denmark: a valid identity card or passport, a confirmation of engagement from the employer or a certificate of employment, or proof that you are a self-employed person

If you do NOT work in Denmark: A valid identity card or passport, proof of having sufficient resources to live on on your entire stay here and that you have a comprehensive sickness coverage (the latter only until you have the yellow card).

In Denmark, ”sufficient resources” is in 2024 considered 6.350 Danish kroner (852 euro) before tax if you do not have minors to take care of, and 12.699 Danish kroner (1.703 euro) before tax if you have minors to take care of within your household. The numbers are for each adult present. So if you are two persons, you double each amount.

However, note what Article 8(4) in the Directive states: ”Member States may not lay down a fixed amount which they regard as "sufficient resources" but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.” So the beforementioned numbers are only guidelines and not fixed amounts.

Also note, that Article 8(4) does NOT apply to you, if you live and work in Denmark.