About SU EU rules

[Katty]

Hi. I have a question about family reunification of EU rule with a Danish citizen.
I'm a third country's citizen. 5 years of stay in DK in total, I can apply for permanent?

How is the condition with SU? same like other EU students, which means I have to work part-time and pay skat and get SU?

Or if I go for a self-support option, like doing simple job (I am thinking like 10-12 hours due to my illness), is it enough?
I have also some saveup. But I don't know if it's enough or not.

Thank you for your help.

https://www.nyidanmark.dk/de-DE/You-want-to-apply/Residence-as-a-Nordic-citizen-or-EU-or-EEA-citizen/EU-Family-member-Danish-citizen#:~:text=Family%20reunification%20with%20a%20Danish,in%20the%20other%20EU%20country.

[mhg]

I am not quite sure what you mean, but if you mean that you are married now, have EU-residence based on that, and by now or very soon have lived in DK for more than 2 years and married 3 years, so that you have a right to stay on in DK, you should be able to study without having to pay tuition. BUT after divorce you are no longer entitled to SU (student grant) nor loan, so you would need to work to support yourself. In order to qualify for SU as a single third-country citizen, you need to have lived in DK for 5 years. You have not become an EU-citizen by getting the residence right, it only gives you the right to live in DK.

[Katty]

Hi, thank you for your reply.
Do you have any link or something that explains about it?
And if I can stay in DK as a student, is it still EU related permission, not a normal student visa? Otherwise it'll affect the condition of getting permanent permission later.

I thought I have the same right as an EU resident, but SU is an exception even I do part-time and pay tax, you mean?

[Katty]

Is it different if I have a child about SU or other child support?

[mhg]

You only have equal rights through your spouse, so when the marriage ends, you no longer have them. The right to SU ends with the marriage, unless you fulfil one of the other conditions.

IF you manage to hold on to your marriage until the three years have passed, you will keep your EU-residence right, BUT on condition that you support yourself somehow. That can be alimony from your by then ex-spouse, work, savings, or any other legal income. Since it is still EU-residence, you will get your permanent EU-residence card after further two years (5 in total).

Some of the SU-rules for foreign non-EU-citizens:
https://su.dk/foreign-citizen/gb-foreig ... der-eu-law
"If you receive state educational grant (SU) as the spouse of an EU/EEA citizen, you must be aware of the fact that your right to SU is a derived right based on your spouse’s status as a worker or a self-employed person in Denmark under EU law. This means that you lose the right to SU if:

You get a divorce from your spouse"

https://su.dk/foreign-citizen/gb-foreig ... in-denmark
"If you wish to be granted equal status with Danish citizens according to this rule, the fact that you have lived in Denmark for a continuous period of at least two years (24 months) and have had at least 30 hours’ paid work a week must be registered. This condition must be fulfilled immediately before you start the study programme for which you have applied for SU."

It does not make any difference whether you have a child or not. A child of an EU-citizen will derive rights from its EU-parent, but a non-EU-parent will not derive rights from their EU-child, except the right to reside with the child, IF they are the child's main caretaker. This permission will be given according to national rules, not EU.

Receiving child support has no importance for your right to SU.

[Katty]

ok, thank you.

[Katty]

I have an another question.
Even if I can't get SU, can I stay as EU-student permission and continue to live until 5 years passes? Or my condtion should be always work or selfsupport?
In that case, how much am I expected to earn ? Can I get deduction or consideration because I'm a student? Can I include child support if I get all? Because child will be Danish,so he can get child support, right?

Let's say I can get 10.000-18, 000 kr per month,
while I'm studying, is it enough?

[mhg]

Your resident right as of now is based on your marriage, and whether you are studying or not, it will not change.

According to EU-rules the spouse of an EU-citizen can retain their right of residence after the marriage ends in divorce or death, IF they have been married at least 3 years and lived in DK for at leas the past 2 years as married. THAT is the right you keep and continue to have, as long as you support yourself somehow. Becoming a student does not change anything in regard to that. Nobody is going to ask how much income you have, as long as it is legal means and you don't apply for 'kontanthjælp'. When you have lived in DK for 5 years with your EU-residence, you can apply for permanent residence card.

https://www.nyidanmark.dk/en-GB/You-wan ... -secondary

[Katty]

Hej, thank you for the answer.
I misunderstood, maybe. So basically, as long as I do NOT get any social aid, I am "self-support", is it correct? I thought I had to earn some amount of salary like other pay

[Katty]

Hej, thank you for the answer.
I misunderstood, maybe. So basically, as long as I do NOT get any social aid, I am "self-support", is it correct? I thought I had to earn some amount of salary just like other pay limit scheme residence permit. So even if I don't have a job, as long as somehow I can live on, I can keep living here if I meet 3 years marriage and living in Denmark 2 years.
But how about my opholdskort? Do I have to change to something? Do I have to report change of my marriage condition to SIRI?

[Winther]

Family reunification rules are tricky, best to check directly with the Danish authorities (maybe that link you posted has contact info?). Regarding SU and self-support, it's really case-by-case. 10-12 hours might be tight, especially with health concerns. Savings definitely help, but they'll want to see proof you can support yourself without relying on public assistance.

[mhg]

SIRI automatically gets informed about divorce between a foreign citizen and their spouse, but you may also give the information yourself.

If there is a common child in the marriage SIRI will eventually contact the foreigner for information they need to decide whether the foreigner can retain their residence right or -permit. You must answer such questions, but do not need to take initiative to do anything about your residence card, it will not be replaced until you apply for and get the permanent card.

And yes, you are not required to work, you just eventually may have to show how you have financed your existence. The child support will be part of your legal income, as will savings, and support from your family.