Separation?Divorce without permanent permit

[anonymous112]

Hi guys!

I am writing here hoping to get some help/answers/ideas. Ive been here in denmark for 4 years and 7 months now. I only have the temporary residence permit which i renew every 2 years. I am thinking of getting a divorce because from the moment i came here my marriage with my husband has not been good Anyway to make the story short, we still live together but inside the house we are strangers. I met someone, now, would it be a problem if we get married? My friends says give it a little more time then wait til i get my permanent, but is there er way to do it? Can i file for divorce then marry? Or should i be sent home?

I dont have any kids in this marriage, i had a job for 3 1/2 years and now i am studying.

Would appreciate any replies. And thank you in advance,

[fundiver199]

If you have worked 2 years uninterrupted for the same employer, you can get a new independent residence permit on that basis, when your existing residence permit has been revoked due to the divorce. Please read here:

http://www.nyidanmark.dk/en-us/coming_t ... -in-dk.htm

It is also possible to get married again and apply for family reunification on basis of the new marriage. But as the main rule, there is a mandatory 12 month separation period, before you can get divorced. And therefore your residence permit might be revoked, before you have a chance to get married again, forcing you to leave Denmark (and give up your job) at least for a while, before you can return.

So "keeping foreign labour in Denmark" is probably the better option for you, if you fullfill the conditions for such a residence permit. Moreover one could also have the opinion, that it is much better for the new relationship, that your residence permit is not dependent on your new spouse. And of course it is less burdenfull for him, that he don`t need to put up a bank deposit, live up to the housing requirement etc. And also you will then be free to choose just to have a relationship and get married only if and when, you really want to.

[anonymous112]

Hi thank you for your reply. I had a job before but i quit last june and now i am studying.
I am not sure but someone told me that i can file for utroskab then we dpnt need to wait fir the 12 month period. Because it will only take less than a week maybe? But i am not sure how true is that.

[mh1]

IF your husband also wants to divorce

AND he will accept to either be the one admitting to having been unfaithful so that you can apply for immediate divorce, or he will accept to be the one applying for immediate divorce because of your infidelity

THEN you can get an 'immediate' divorce.

Put in '' because it is not very likely that you will be able to finalize the process within 'less than a week'. The statsforvaltning will most likely within 2-3 weeks answer your application with a letter requesting both of you to participate in a 'vilkårsforhandling' (conditons negotiations). This is a standard request, not least when one party is a foreigner, because the authorities wish to verify whether especially the foreign spouse is aware of the implications of a divorce: possible loss of residence right, division of the financial assets etc.

You should most likely understand 'immediate' as 'within 2-6 months', all according to how busy your statsforvaltning is.

IF your husband does not agree to file/to your filing for divorce on the grounds of infidelity, or to divorce at all, the process will most likely take up to a year and a half, because you will then have to go to court.

If your husband has NOT been unfaithful and/or will NOT confirm it with his signature, or will not agree to divorce you if you confirm to have been unfaithful, you will have to apply for separation, and then wait at least 6 months to apply for divorce - and again, if your husband will not cooperate you will have to wait at least 12 months before you can apply for divorce. Add the waiting time for a date in court.

[anonymous112]

Thank you for your replies. Ok here's another thing my friend told me I can do something like this: file for a divorce, I still have 2 more years in my ophold. Then tell them I will get married again. Or I will file for utroskab. Does my chance of staying here is still good or will I be sent home and file for family reunification again?

[fundiver199]

You can only hand in an application for a new residence permit here in Denmark, as long as your current residence permit has not yet been revoked or denied extension. So it al depends on, how fast Udlændingestyrelsen is working, compared to the time it takes for you to get divorced and marry again.

It will not make any difference, that you tell Udlændingestyrelsen, what your plans for your future is. It only makes a difference, when you are actually married again and actually apply for a new residence permit.