Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

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kether180
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Tilmeldt: 15.01.2025 01:12:01

Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af kether180 » 15.01.2025 01:17:03

Hello everyone,

I am looking for insights into the residency status of a third national under EU family reunification in Denmark following a divorce. Specifically, I'm trying to understand if a third national loses the accumulated duration of residency if they are required to obtain a new residence permit post-divorce.

The regulations indicate that even after a divorce, a third national may remain in Denmark and could qualify for permanent residency after five years. Could someone confirm if this interpretation aligns with the actual legal provisions?

Furthermore, the third national involved has already been living in Denmark for three years and three months, is currently employed, and is on the verge of filing separation/ divorce. Does this period count towards the five years required for permanent residency, or is there a need to start accumulating residency time anew after the divorce?

Any guidance or references to specific legal texts or personal experiences would be greatly appreciated!"

Best,

poulsenerik
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Tilmeldt: 30.01.2024 16:19:48
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Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af poulsenerik » 15.01.2025 22:50:02

ChatGPT:
  • Residency Accumulation Post-Divorce:
    Under EU Directive 2004/38/EC, a third-country national spouse retains their right of residence following a divorce if certain conditions are met, such as:

    The marriage lasted at least three years, with at least one year in Denmark.
    The third-country national is employed, self-employed, or has sufficient resources and comprehensive health insurance.
    If these conditions are fulfilled, the accumulated residency time (3 years and 3 months in your case) should count toward the five years required for permanent residency. This period is not reset, provided you maintain legal residence in Denmark.
  • Independent Residence Permit:
    After the divorce, you may need to apply for an independent residence permit under Danish national law. This is essential to continue your stay in Denmark without relying on the initial family reunification grounds.
  • Legal References:

    Article 13 of Directive 2004/38/EC covers the right of retention of residence rights post-divorce.
    Danish Aliens Act (Udlændingeloven), Section 9c, may provide additional pathways for maintaining residence.

mhg
Indlæg: 435
Tilmeldt: 17.01.2023 05:43:55

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af mhg » 16.01.2025 08:07:40

ChatGPT or not, since one RETAINS the residence right if the conditions are fulfilled, one naturally continues to accumulate duration of residency.
mhg
Juniorrådgiver for ÆUG

Abdulbasit
Indlæg: 4
Tilmeldt: 03.02.2025 22:28:11

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af Abdulbasit » 03.02.2025 22:33:47

Hey I want to discus my case under eu

Hi
I m Abdul basit I want to discuss my case with you I have visa under eu I get married 2018 /25/08 in Pakistan and came to Denmark 2019 /18/08 by visit and I apply my document here then I got visa for 5 years under eu in 2010 /13/03 my ex wife got divorce from me in 2022 so my visa expire date is next year 2025 /13/03 so now what is the requirement for me to extend my visa for the future kindly reply me
Thanks in advance

mhg
Indlæg: 435
Tilmeldt: 17.01.2023 05:43:55

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af mhg » 09.02.2025 09:12:46

This from poulsenerik's post above applies to you:

"Residency Accumulation Post-Divorce:
Under EU Directive 2004/38/EC, a third-country national spouse retains their right of residence following a divorce if certain conditions are met, such as:

The marriage lasted at least three years, with at least one year in Denmark.
The third-country national is employed, self-employed, or has sufficient resources and comprehensive health insurance.
If these conditions are fulfilled, the accumulated residency time (3 years and 3 months in your case) should count toward the five years required for permanent residency. This period is not reset, provided you maintain legal residence in Denmark."

You apply for a permanent EU-residence card before the current expires. All the necessary info you find here:
https://www.nyidanmark.dk/en-GB/You-wan ... zen/EU-TUB
mhg
Juniorrådgiver for ÆUG

Abdulbasit
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Tilmeldt: 03.02.2025 22:28:11

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af Abdulbasit » 14.02.2025 19:39:04

Thank you so much
And I have one question more in this case should I have full time requirement and lanaguae also or not ??

Abdulbasit
Indlæg: 4
Tilmeldt: 03.02.2025 22:28:11

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af Abdulbasit » 14.02.2025 19:40:15

I mean full time job like 37 hours per week is it required in my case or just they see the job only ?

mhg
Indlæg: 435
Tilmeldt: 17.01.2023 05:43:55

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af mhg » 15.02.2025 07:58:48

When it is EU-rules, you just need to be self-supporting. If you are by playing in the bit-coin-game, have won the Eurojackpot, or get by waiting tables part-time doesn't matter. No language requirements either. The only requirements are that you are registered at an address, and are a law-abiding citizen, who doesn't ask for 'kontanthjælp'.
mhg
Juniorrådgiver for ÆUG

Abdulbasit
Indlæg: 4
Tilmeldt: 03.02.2025 22:28:11

Re: Clarification Needed: Residency Status of Third Nationals after Divorce under EU Family Reunification in Denmark.

Indlæg af Abdulbasit » 15.02.2025 16:50:34

Thank you so much now I understand I need just 3 years marriage and include one year in Denmark and don’t take social and kontanthjæpe tusind tak

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