extension after seperation

[Abc123]

Hi
I am facing a grave danger of having to leave Denmark following a seperation with my wife. I am from a non-eu country and had been married to a danish woman for 10 years (All these years we lived in Denmark). But we are seperated.

I have two kids ( 3 and 1.5 years) with her and she had adopted my two other children, aged 15 and 17, from previous marriage. These children have lived in Denmark since August 2007.
After seperation my two children are living with me and she took with her the younger kids.

During my marriage, I had made two attempts for permanent residency, but each time I got rejection, and my visa was extended by 2 years. At present my and childrens's visa is due to expire on 17th of Febrauary.

At this point in time, I do not know what are my best options, and whether if I would have to leave Denmark after my expiration. My children have grown up and studied here, and I also wish to stay here. I have been working all these years but I am currently taking housing benefits too. I also recieve money support for my children as well.

I would like to know, what are my best options and how should I extend my visa? On what behalf would it be possible for us to stay in Dk?

Best regards

[mh1]

Since you have children whose mother is Danish, there should be no risk of not getting your residence permit extended, provided that you are seeing your youngest children at least app. every second weekend.

Likewise, your older children have a Danish mother who I suppose they are still seeing?

In your case the most important tie you have to DK is your children. IF you are in regular contact with the 2 younger, DK has to allow you to stay because it would violate their rights if you could not stay.

Likewise to expel your older children would prevent them from keeping on seeing their mother and their younger siblings, which would also be a violation of their rights.

That you are receiving housing benefits and 'børnecheck' does not in any way affect your possibility to have your residence permit renewed. They are not the kind of payments, which may affect it.

[Abc123]

Thanks alot for the reply. It helps alot. I have two more questions.

1.The children from previous marriage are not from Danish mom but my previous non-eu wife. They were adopted by danish women I was married to. Does that mean they would be expelled?

2. In order to apply for extension on behalf of my kids, which forms do I have to fill to make applications and how do I explain immigration about the whole situation?

Once again thanks and I hope for your reply so I can make my application soon.

Best regards

[mh1]

1) If your oldest children have been formally adopted, your Danish ex-wife is now their mother just as much as if she had been their biological mother - that is how it is according to Danish law.

2) I don't know which form should be used. I hope someone else can tell you that.

However, it is important that your wife writes a statement saying that you are seeing your youngest children, and she the older, on a regular basis and at least every other weekend. If you should have a paper from statsforvaltningen about your visiting rights, it can be used instead. You should also include proof of your job (job contract).

If you feel that you need some further advice from a person face-to-face, you may contact/visit one of the free legal aid offices that you can find addresses for here:
http://www.aarhusretshjaelp.dk/links.htm