Does the ny udlændingelov affect EU-rules residents

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outoforbit
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Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 17.05.2010 14:44:03

Hi all, my apologies again that I am posting in English. My Danish wife and I are just about to move to Denmark, after living over a year in Germany.

We have been pretty lucky as it seems our case was approved within 2 weeks after submitting our application. We received my Stamkort last week and my residence card should be coming soon. (fingers crossed).

Anyway, my question is regarding the new tightening measures for the Aliens Act.

We've been reading that in order to get a permanent residence a new point system will be in place.

The question is, if I receive my 5-year residence permit under EU law, will I have to follow this new system later on if I wanted to apply for permanent residence?

It is important for me to know so I can start working hard in the several requirements that the new law asks for. (Danish language, charity work, full-time employment period, etc).

Thanks to all and thanks for Aegteskab Udengraenser for the invaluable support (and hope), you've given to couples. I wish to contribute to this forum in any way I can in the future.

Fortsat god dag!

~ I am a poet without a pen, a painter without a brush, thus I ask, do I ride with the wind or does the wind ride on me?

skaanebo
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af skaanebo » 17.05.2010 14:55:58

No, national Danish laws do not apply to EU regulations.

National laws only apply in case you wish to apply for Danish citizenship. This is governed by national laws and not by EU regulations.

outoforbit
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 17.05.2010 14:58:36

Ok thanks skaanebo, appreciate it!

~ I am a poet without a pen, a painter without a brush, thus I ask, do I ride with the wind or does the wind ride on me?

fundiver199
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af fundiver199 » 17.05.2010 21:10:27

Actually the proposed law changes does affect people with residence permit after EU-rules, but only in a positive way.

The danish politicians have recogniced, that since a rapidly growing part of all foreigners living in Denmark are here under either EU-law or under national danish law for migrants workers, these groups should also be included in the danish law about integration (Integrationsloven).

If the proposed new legislation is approved by the danish parliament (Folketinget), foreigners with residence permits after EU-law will be given the same offers to assist their integration in Denmark as refugies or "familiesammenførte".

The main offers are free education in the danish language for 3 years and (if relevant) assistance to get established on the danish job market in the form of "job training", where the person can work for an employer for a litimed period under conditions, where part of his or her salaly are paid by the danish taxpayers.

However, since Denmark can not force such activities on people with residence permits after EU-law, it will be entirely voluntarily for these to accept the offers or not. So to put it short, people with residence permits after EU-law will in the future benefit from the best parts of the danish integration policy, but without needing to suffer from any of its numerous drawbacks.

For danish citizens with foreign spouses, the incentitive to move to another EU-country to activate their EU-citizenship will therefore become larger than ever before, if or when this new legislation is approved by the danish parliament. Which by the way is expected to happen on may 25.

outoforbit
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 17.05.2010 21:40:57

Amazing, fundiver199. Thanks!

So it sounds as if resident permit holders under EU-law will be getting all those benefits without any disadvantage. Is this correct?

The question that remains, if a EU-law resident accepts these offers (free language courses, job training, etc), would that immediately attach the conditions or requirements of the normal national Aliens law, thus in the case of applying for a permanent residence, complying with the 100-point-system?

A final question. What are the current requirements for a EU-resident-permit holder in order to apply for a permanent residence after 5 years? (while the normal requirements do not apply, I've read at http://eur-lex.europa.eu/LexUriServ/Lex ... 053:EN:PDF that each member state can in fact put some reasonable demands. What are Denmark's?)

~ I am a poet without a pen, a painter without a brush, thus I ask, do I ride with the wind or does the wind ride on me?

fundiver199
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af fundiver199 » 17.05.2010 22:04:24

outoforbit skrev:So it sounds as if resident permit holders under EU-law will be getting all those benefits without any disadvantage. Is this correct
Yes.
outoforbit skrev:The question that remains, if a EU-law resident accepts these offers (free language courses, job training, etc), would that immediately attach the conditions or requirements of the normal national Aliens law, thus in the case of applying for a permanent residence, complying with the 100-point-system?
No. The person will still remain under EU-law.
outoforbit skrev:A final question. What are the current requirements for a EU-resident-permit holder in order to apply for a permanent residence after 5 years? (while the normal requirements do not apply, I've read at http://eur-lex.europa.eu/LexUriServ/Lex ... 053:EN:PDF that each member state can in fact put some reasonable demands. What are Denmark's?)
COUNCIL DIRECTIVE 2003/109/EC is only concerning non-EU citizens, who are not a family member of a EU citizen, but have moved to the union as e.g. migrant workers. You are married to a danish citizen, and as long as that remains the case, your rights and obligations are descibed in DIRECTIVE 2004/38/EC:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

For union citizens as well as their family members, permanent residence permit is aquired without any other conditions than them having recided legally in the member state for 5 years. The exact details are described in CHAPTER IV. These are the rules in Germany, Denmark and any other EU country as well as Norway, Iceland and Schweizerland.

outoforbit
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 26.05.2010 16:59:39

fundiver199 skrev:
For danish citizens with foreign spouses, the incentitive to move to another EU-country to activate their EU-citizenship will therefore become larger than ever before, if or when this new legislation is approved by the danish parliament. Which by the way is expected to happen on may 25.
Hi Fundiver, I've been trying to keep track of danish news but haven't seen anything come up with this new piece of legislation.

Has there been any development?

skaanebo
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af skaanebo » 26.05.2010 22:05:44

The new regulations have been approved by the Danish parliament.

outoforbit
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 27.05.2010 15:03:39

skaanebo skrev:The new regulations have been approved by the Danish parliament.
Thanks!

Is there any site where I can read the new regulations in detail or a summary of them (in Danish, of course).

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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af Kim P. Nyberg » 27.05.2010 15:05:36

You can read it in forum Artikler og links. Juma has put a link there to Folketinget
Seniorrådgiver i Ægteskab Uden Grænser

outoforbit
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af outoforbit » 27.05.2010 15:52:41

Great I found it!


For future reference to newcomers: http://www.ft.dk/samling/20091/lovforsl ... dtaget.htm

These are the changes for the Integration Act that allows residents under EU-rules to receive free Danish language and culture courses, plus labor training with goverment subsidized salary.

Can't wait to learn Danish to rely less on my Google translator!

Kim P. Nyberg
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Re: Does the ny udlændingelov affect EU-rules residents

Indlæg af Kim P. Nyberg » 04.06.2010 04:16:17

Few days ago, I attended an information meeting, where Immigration Service were host. And someone else actually had the same question as you.

Michael Bernbom, who is the EU-expert for Immigration Service said, there is no changes at all in the regulations regarding EU-citizens. So no need to worry.
Seniorrådgiver i Ægteskab Uden Grænser

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