Residence after divorce

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Jeff
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Tilmeldt: 13.09.2018 21:05:02

Residence after divorce

Indlæg af Jeff » 20.09.2018 04:42:42

Hullo members i need urgent help ,I have been Married to a dane for 4/5 years and we have Two boys 3/5 and 1 yr and lived together all This time .i have residence On grounds of family reunification after we Got marrried and itsupto 2020 .i passed pd 2 and speak write and understand Danish amd i currently work part time 5/5 hours a Day with a contract .and never recieved kontanthjælp and have 50/50 custody of the boys .our marriage has gone Down the drain and we decided to divorce for the Best intrest of the kids and have agreed i find a place place take the boys every second weekend and One weekday we Are on good terms and comunicate Well and she is Willing to surpport me fight for my stay here after we file for divorce .But my question is do i need to find a lawyer in my case .thanx in advance

mh
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Re: Residence after divorce

Indlæg af mh » 20.09.2018 19:39:13

You do not need an attorney/ lawyer in order to maintain your residence right.

DK has ratified a convention (UNCRC), which ensures the child’s right to maintain its family ties. As this would be difficult to impossible, if one parent is forced out of the country, you will be able to maintain your residence right.

Once you divorce, you will in due course receive a letter from US (the Immigration Service), in which they inform you that they plan to revoke your residence permit because of the divorce. They will ask you whether you can give any reason why they should not. You will immediately reply with the answer you will begin to prepare NOW, explainig that you have children over which you have joint custody, and the visitation rights you describe here. Probably you will also have an agreement on having the children for longer periods of time, 3-7 days or longer, around the holidays (x-mas, easter, summer holidays). Your wife will be asked to confirm that you have AND keep such an agreement. Then it is almost certain that you will be granted the right to remain. Be aware that it may take months, before you get such a letter, but it will come eventually.
mh

Jeff
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Tilmeldt: 13.09.2018 21:05:02

Re: Residence after divorce

Indlæg af Jeff » 20.09.2018 20:35:04

Thank you my its a very Big relief because some People were telling me that i might be sent back because the kids Are still Young so they Can survive without me so please another question is right now i have a job that i start so Early so i cant Drop Them to daycare so its hard to have Them sleep over my place in weekdays so if i have Them every second weekend and maybe Pick Them up from daycare spend time with Them and drop Them off to Thier mum like 3 times in the week does that change the status a bit

mh
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Re: Residence after divorce

Indlæg af mh » 21.09.2018 09:47:40

The thumb rule is that ‘average visitation’ will ensure continued residence right. Average visitation is usually every second weekend, occasional days during the week, and multiple days in holidays (from 3 days to weeks).

The younger the kids are, the shorter and more frequent the visits should be. Your plan would be fine.

If you have not managed to get permanent residence right when the kids are older and in school, it would also be fine if you have a half/half-arrangement (one week with you, one with their mother), or if their time spent with you comes in big, but less frequent ‘chunks’.
mh

Jeff
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Tilmeldt: 13.09.2018 21:05:02

Re: Residence after divorce

Indlæg af Jeff » 26.09.2018 05:00:40

Hej mh thanx so much for the reply am Soto have been away been up and down , but yesterday we put in the divorce application to the state she put it in and I received a letter in e box which I also signed with my nem Id so what happens now and what should I work on to be ready with ? And also another question am finding trouble to find a room especially since it has to be where my kids can also come vist every second weekend and once a week and don’t have deposit money do u know any way I can be helped say like asking help from the kommune .thanx for the great work once agaian

mh
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Re: Residence after divorce

Indlæg af mh » 26.09.2018 09:45:23

You can apply to your municipality for a loan for the deposit.

You must, however, find a so-called ‘almenbolig’, that is: not a room in a private home, or a sublease, but in some housing association, which is also where you should go register yourself in order to find housing.

When you apply, explain your situation: you are getting divorced, your wife keeps the home, you have two kids and need a room for them. Also,VERY important, add that you have a job. All housing associations have a priority list, where single, unemployed people are at the bottom, whereas parents (especially those with a job) are higher up the list; at the top parents with jobs and kids living with them. Apply to more than one, if it makes sense job-wise (commuting distance, public transport).

You can apply on-line. The loan is given directly to the housing association, on the condition that you begin to repay it after 5 years. During those 5 years it does not accumulate interest.

Check here: https://www.borger.dk/bolig-og-flytning ... oerindskud

Some links to housing associations:

https://www.bdk.dk/om-boligkontoret-danmark.aspx (mostly Copenhagen area)

https://www.aarhusbolig.dk
http://www.oestjyskbolig.dk

https://fabbo.dk/afdelinger/
mh

Jeff
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Re: Residence after divorce

Indlæg af Jeff » 26.09.2018 15:52:09

Thanks so much mh so my question is isn’t that counted as help from the state and won’t it be a problem in my application for residence or permanent residence and do you have an idea how long it takes to procces it all because I kind of need a place urgently to start with the kids vistation programe

mh
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Re: Residence after divorce

Indlæg af mh » 27.09.2018 19:37:26

No, it is not ‘help from the state’, as it is a loan you have to pay back, and not money for your living expenses. Basically it is like a bank loan, and as I wrote: it is paid directly to the housing assiociation.
mh

Jeff
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Tilmeldt: 13.09.2018 21:05:02

Re: Residence after divorce

Indlæg af Jeff » 18.10.2018 04:37:15

Hej mh its been a while , we finally submitted the Papers and signed both of us we divorced without separation do you have a clue how long it takes for the divorce case To be handlled and What should i do or prepare for my case so far i moved out and we made an agreement on how kids vist me but i have One problem i cant have Them sleep over at my place until monday morning so its only friday to sunday evening because i start Working at 6am so i cant drop Them to daycare and Also they cant sleep over my place in the weekdays because of the same reason but we agreed with my ex wife that i Pick Them up from Day Care three times in the week and drop Them off to her and Then have Them friday to sunday evening every second weekend could That be a problem with my case in imigration regarding the thumb rule of three nights every second weekend and Once every week . Thanx in advance

mh
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Re: Residence after divorce

Indlæg af mh » 18.10.2018 09:27:17

I don’t think so, the important thing is to be with them regularly, and in your case the housing is hopefully not the permanent solution? I mean, you would eventually try to get a place where they can stay overnight?
mh

BNS82
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Re: Residence after divorce

Indlæg af BNS82 » 19.10.2018 15:30:16

If the rule says nights, it could be a problem that they don't sleep at your place from Sunday till Monday, but I would ask statsamtet (I guess) if this arrangement is considered average visitation and have them attest to this an added this to your application, that would be your proof that you uphold the average visitation part of the residence application

mh
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Re: Residence after divorce

Indlæg af mh » 21.10.2018 11:58:48

There is no 'rule' that visitation has to include staying overnight. It is usual, and normally something that the parent can ask for, but not an obligation. After all, visitation is first and foremost a right for the CHILD, not the parent. What is of importance is that the visitation is frequent and stable, and is suitable as a means to maintain the close connection between parent and child.
mh

Jeff
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Tilmeldt: 13.09.2018 21:05:02

Re: Residence after divorce

Indlæg af Jeff » 22.10.2018 11:44:54

Thank you so much for the replies its very helpfull and thanx for the great work Once again last friday we recieved letters from the State that confirms the divorce and they Said they have informed the imigration about it and Also informed Them thet we have shared custody for the kids , i was told that having shared custody helps to make my case Easier with imigration whats yo take about that and What happens now do i have to prepare anything ? Thanx

mh
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Re: Residence after divorce

Indlæg af mh » 23.10.2018 09:21:46

Shared custody only helps, if there is also stable visitation. You do not need to take any initiative; in due course you will receive a letter from the authorities, which you should answer as soon as possible.
mh

Jeff
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Tilmeldt: 13.09.2018 21:05:02

Re: Residence after divorce

Indlæg af Jeff » 17.11.2018 23:51:08

Hi everyone i have a quetion please i have a brother that needs some advise with his asylum case but is it possible for him to use my account to get some advise because he cant open up an account according to his status he needs legal advise regarding having his stay depending on the fact that he has two kids here in Danmark

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