Getting a divorce.

[Rock]

Hi,

I'm married in Denmark with an EU partner for about 4 years now. I'm a student and working part time. It wasn't a faithful relation. Its an unfortunate that we are going to file a divorce in 2 weeks. As per rule i have read that i can legally stay in Denmark if i'm married for minimum 3 years.

My question is:. Once i file a divorce:-
-Can i file a retribution from the law if partner has been cheating.
-As a student will it effect in my education.
-It has been 4 years of marriage, will i be able to apply for Permanent residence in about 1 year.
-Will my visa or Eu family reunification status change?

Thank you for kind help once again.
Rocky

[mh1]

"Can i file a retribution from the law if partner has been cheating."
No. If you did not make a pre-nup, you and your spouse will have to divide yor assets (after deductions for debts, mortgage) equally.

"As a student will it effect in my education."
Probably not.

"It has been 4 years of marriage, will i be able to apply for Permanent residence in about 1 year."
Provided you have not received benefits under the "aktivloven".

"Will my visa or Eu family reunification status change?" Yes, but it will not matter because of the rule that gives you the right to continued residence.

[Rock]

Hi mh,

Firstly, Thank you very much and appreciate your time and effort.

Few last questions.
-Since I'm getting SU along with my education does it count as an 'aktivloven' apart from this I don't have any debt or have taken any.

-I have bought a small apartment with no loan/credit, Can it benefit me in any way, If applying for Parmanent residency.

Looking forward from you or any advice. Thank you very much again.

Rocky

[mh1]

SU is given according to SU-loven, so no.

It doesn't affect it negatively, but also not positively.

[Rock]

Thank you for answer.

Since my current visa status is based on Family reunification and it has been almost 4years till date now for marriage.

Im getting a divorce soon. Based on rule that I can stay in denmark if I'm married for minimum 3years.

1.
Will I still be able to apply for my Parmanent residence after one year after divorce that to complete an approach of 5year PR rule?

2.
When I get divorce, after few months/a year If I plan to get married with an EU citizen
Will I still be able to apply for Parmanent residance. Based on completion of 4 years stay till approach to 5years under family reunification.

Please any feedback advice or recommendations based on my current situation are welcome.
Thank you very much again.

Regards
Rocky

[mh1]

Your right to continued residence is conditional of you being able to provide for yourself in a legal way (work, independent income), and of your having a health insurance, if you have not obtained the right to the ordinary, Danish health insurance.

Your right to permanent residence right is only conditional of your having had legal, un-interrupted residence for at least 5 years.

[Rock]

Thank you Mh for kind reply.

I have CPR card is it the same as health insuarance card?

I obtained it when I came to denmark as student 7years ago. Along with the period I got married 4years ago and changed to my visa status from student to family reunification.

I'm working and studying in denmark and haven't been outside denmark for longer period of time. Max.1month.

Soon I will be filling a divorce and I'm worried about losing my chances of staying and education. I have small apartment. I know they are few mistakes I have done, I could have retain my student visa and non of this will get into effect.

As per you said chances are conditional, but just an advice based on my short info what do you think of my chances in obtaining Parmanent residence and final thing I should do.

Thank you again.

[mh1]

Cpr.nr. is one thing, health insurance another. As far as I understand, however, you have ordinary Danish health insurance, and will continue to have so after a divorce.

In other words, you don't need to do anything other than continue to be a law abiding citizen and apply in due time.

[Rock]

Thank you for your time and all effort.

I will than apply when time is right for Permanent residency.

Keep up the good work, not many people helping in foreign countries or in platforms like this help us.

Thank you again,
Rocky