My husband (danish) and I (Brazilian) are facing some difficult situation.
He's been offered a stationing position by a Danish company in the US for 2 years, but meanwhile, I'm applying for my Permanent Residence in DK ( waiting since Nov. 2011 . and no clue when it will be finished due to delays in the Immigraiton Service).
The issue is, my husband cannot wait further than September to move and we're concerned what that means to my situation here in DK.
Does anybody know how to proceed? Should we talk to the Immigration about our situation, or will this create issues for my Permanent visa?
We don't know what else to do...
I appreciate your help in advance!
Danish husband is being "udstationaring" in the US
Re: Danish husband is being "udstationaring" in the US
I would contact US to inquire only regarding the status of your decision. Do you have any question regarding your qualifications? This would only help you get some comfort of course, but it would surely be good to know!
I assume you have temporary residency and have been in Denmark for more than 2 years if you've applied for premanent residency. That means you should be entitled to leave the country and to return within twelve months without losing your temporary residency, and you can seek an extension as well. The question then would be whether you have to be in Denmark if you are granted Perm Res in order to comply with the rules (such as getting your new status recorded on a passport etc.). I don't know whether there is anything required of you in this regard or not. But this would also be a good question for US and one perhaps to ask without giving your CPR number first. The problem with asking questions of US, is that you can call three times and get three different people, giving you three different answers. It is scarey to rely on their answers when this is the case. So I actually WOULD recommend calling three times.
The question of what to do if you want to be in the U.S. with your husband during the two years is a personal one. And I can see that there is a risk that you would do that and then have to go through an entirely new process, and lose status, when returning to DK.
But it seems to me less risky if you go and comply with the rules regarding 12 months absence from DK - PROVIDED that you stay on top of them and make sure to file all documents required to make sure you remaing in compliance and get an extension when that is desired. You may also get support from your husband's employer in this process.
At a certain point, you have to take a risk and count on administrators to be reasonable. It is a shame that Danish immigration policy and rules, and the way they are applied, are often UNreasonable. But, that being the case, you may find you don't want to return to DK anyway.
I assume you have temporary residency and have been in Denmark for more than 2 years if you've applied for premanent residency. That means you should be entitled to leave the country and to return within twelve months without losing your temporary residency, and you can seek an extension as well. The question then would be whether you have to be in Denmark if you are granted Perm Res in order to comply with the rules (such as getting your new status recorded on a passport etc.). I don't know whether there is anything required of you in this regard or not. But this would also be a good question for US and one perhaps to ask without giving your CPR number first. The problem with asking questions of US, is that you can call three times and get three different people, giving you three different answers. It is scarey to rely on their answers when this is the case. So I actually WOULD recommend calling three times.
The question of what to do if you want to be in the U.S. with your husband during the two years is a personal one. And I can see that there is a risk that you would do that and then have to go through an entirely new process, and lose status, when returning to DK.
But it seems to me less risky if you go and comply with the rules regarding 12 months absence from DK - PROVIDED that you stay on top of them and make sure to file all documents required to make sure you remaing in compliance and get an extension when that is desired. You may also get support from your husband's employer in this process.
At a certain point, you have to take a risk and count on administrators to be reasonable. It is a shame that Danish immigration policy and rules, and the way they are applied, are often UNreasonable. But, that being the case, you may find you don't want to return to DK anyway.
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: Danish husband is being "udstationaring" in the US
There is another issue here, and that is the requirement, that the cupple must live together. If laladias choose to stay in Denmark, while her husband is abroad for two years, this could in itself result in the resi-dence permit being revoked.
Also even a “permanent” residence permit will automatically lapse, if a person leave Denmark and no longer has a danish residence or has been away for to long. So if laladias want to spend two years in the US with her husband, it really doesn`t make any difference, if her residence permit is “permanent” or not. The real issue is to keep the residence permit in the first place, so that she don`t need to apply for a new one and start all over again, when they return to Denmark after two years.
And when it’s a danish company, that send out the danish husband, it should be possible to get a dispensa-tion for up to 3 years. But an application must be forwarded to Udlændingestyrelsen no more than 12 month after leaving Denmark, and the sooner it is forwarded the better. Please read more here:
http://www.nyidanmark.dk/en-us/coming_t ... enmark.htm
Also even a “permanent” residence permit will automatically lapse, if a person leave Denmark and no longer has a danish residence or has been away for to long. So if laladias want to spend two years in the US with her husband, it really doesn`t make any difference, if her residence permit is “permanent” or not. The real issue is to keep the residence permit in the first place, so that she don`t need to apply for a new one and start all over again, when they return to Denmark after two years.
And when it’s a danish company, that send out the danish husband, it should be possible to get a dispensa-tion for up to 3 years. But an application must be forwarded to Udlændingestyrelsen no more than 12 month after leaving Denmark, and the sooner it is forwarded the better. Please read more here:
http://www.nyidanmark.dk/en-us/coming_t ... enmark.htm
Re: Danish husband is being "udstationaring" in the US
Hi, thank you for your answers.
I'm aware I can get a dispensation up to 3 years in order to leave DK and come back without a problem - but as I understood from fundiver199 is that even with the dispensation, my Permanent Opholdstilledelse will be cancelled, or I misunderstood what you wrote?
My dilemma right now is whether wait for the Permanent visa or not - in this case, just ask for the dispensation and that's it.
I'm aware I can get a dispensation up to 3 years in order to leave DK and come back without a problem - but as I understood from fundiver199 is that even with the dispensation, my Permanent Opholdstilledelse will be cancelled, or I misunderstood what you wrote?
My dilemma right now is whether wait for the Permanent visa or not - in this case, just ask for the dispensation and that's it.
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: Danish husband is being "udstationaring" in the US
I don´t think, it is possible to get a permanent residence permit, while you are absent from Denmark, since one of the conditions is, that you must be employed or studying in Denmark at the time, it is given. And how can you fulfill that requirement, if you are residing in the US? So most likely you will only get a temporary extension for 4 or 5 years. And then you can apply again after returning to Denmark, when you fulfill all the requirements.
And as I already said, if you stay in Denmark, while only your husband move to the US, you risk running into a much more serious problem. Since your residence permit might then be revoked all together on the grounds, that the very basic condition of the two of you living together (samlivskrav) is then no longer fulfilled.
So my advice is, that you move with your husband to the US, apply for permission to stay there for two years without loosing your residence permit, and just forget your pending application for a permanent residence permit.
It might sound like a harsh conclusion, but in reality a “permanent” residence permit is not as different from a time limited one, as people often assume. So you don´t really loose that much by not getting it now. Just read this article for an illustration:
http://nyhederne.tv2.dk/article.php/id- ... %B8rn.html
And as I already said, if you stay in Denmark, while only your husband move to the US, you risk running into a much more serious problem. Since your residence permit might then be revoked all together on the grounds, that the very basic condition of the two of you living together (samlivskrav) is then no longer fulfilled.
So my advice is, that you move with your husband to the US, apply for permission to stay there for two years without loosing your residence permit, and just forget your pending application for a permanent residence permit.
It might sound like a harsh conclusion, but in reality a “permanent” residence permit is not as different from a time limited one, as people often assume. So you don´t really loose that much by not getting it now. Just read this article for an illustration:
http://nyhederne.tv2.dk/article.php/id- ... %B8rn.html