i would appreciate your help

[jayoma]

hi everybody..hope you are all okay ..my question is : if your spouse in denmark is a student ..do u still have right to apply and is there any chance that ur family reunification will be aceepted or the spouse should have a full time job?.thanks in advance for the answers

[soreng]

Is is not a requirement that the spouse in denmark has a job for applying for family reunification. So it is therefore also no problem that the spouse is a student.

The spouse are however not allowed to have received money through the law of "aktiv socialpolitik or integrationsloven" in the last 3 years. But SU that the spouse most likely receive when studying is not part of that law.

[jayoma]

hi soreng ..thanks for ur apply ..actually 2 years ago my spouse got a kontant help of 2000 thousand krone as she always had a part time job ..will they consider this 2000 krone a realy obstacle or as they said in their web page it does not equal a salary ..coz they said in their website if you get an amount of money that equals a salary u will be refuses but she only got 2000 krone and thanks again for ur answer

[soreng]

That is actually a very good question, to which it is very hard to give a 100% answer to, as it is a judgement from case to case made by the imigration service.

Maybe someone has an idea, but 2000 kr sounds like it could be one of those amounts that would be accepted (my very own personal oppinion). But maybe someone in here with more insight into this, has an oppinion on the matter.

[fundiver199]

If it was a one-time help to e.g. pay for a dentist bill, it will possibly not prevent a family reunification. This is a case to case decision however, so particularly without further information the advice can only be to apply and see, what happen. Anyway time is on your side, since when US has made a decision e.g. 5 month from now, the 3 year cut-off is not that far away. So the worst case scenario is really only, that you need to wait maybe 6 month longer, before you get your residence permit.

[jayoma]

thanks both of you for ur answers ..i see that you guys are not sure of this ...but i have a proof against them in their website and i get it printed too ..they exactly said ..money that equals a salary and 2000 kr is not at all even close to a salary ..so i guess it would be better to call them and remind them of this before they decide coz people who are deciding there,they do not care they just decide to refuse as soon as they see that a kontant hjælp was given to my spouse without bothering themselves to see how much or anything..and also i can make an appeal to the ministry of justice and send them what they said in their website and i should not be refused and i really hope so.thanks again everyone for his precious advice.

[soreng]

thanks both of you for ur answers ..i see that you guys are not sure of this

No because this is a case by case decision, so nobody can say with 100% certainty that it would go one way or the other.

...but i have a proof against them in their website and i get it printed too

The information on their website is an attempt to take the law and put in in "human" language. Us are not obligated to anything other than treating applications by the current law...Not matter what many people thing, us are not an enemy that loves to give out rejections. They give out permissions and rejections based on the law, and it is alot easier for them to approve an application than having to reject one. The paperwork is alot less when approving, so if it was up to them, they would properly accept all applications, and then just go home to their families and enjoy the weekend. But they are bound to treat the applications by the law, and that can sometimes mean that they have to reject, with all the extra paperwork that includes.

..they exactly said ..money that equals a salary and 2000 kr is not at all even close to a salary ..so i guess it would be better to call them and remind them of this before they decide coz people who are deciding there,they do not care they just decide to refuse as soon as they see that a kontant hjælp was given to my spouse without bothering themselves to see how much or anything..

As long as you remember that the person that you will get on the phone has no authority to say yes or no in the matter, but can only make a note on your case.

and also i can make an appeal to the ministry of justice and send them what they said in their website and i should not be refused and i really hope so.thanks again everyone for his precious advice.

Offcourse you can appeal, if you have new information regarding the case.

[jayoma]

thanks søren ..by that logic ,then am just asking to impelement the law ..the law is saying only a kontant hjælp that equals a salary and 2000 krone for sure does not ..with all respect to them but i actually do not trust those people working and i also doubt their crediblity and integrity coz i heard many sad stories about this ..i knew a person who has been rejected for 2 times and then he made a lawyer and he got his family renufication ...but we will not give up if they refused us we will take or case to the ministry of justice and mass medias or even the european court of human rights ..but i really hope they will study our cases as they should be no matter where we are from and no matter what our religion is or skin color ..thanks again

[fundiver199]

”Equals a salary” refer to the type of help not the amount. There are 3 different types of help in aktivloven:

1) The help was given as a one-off to pay for a dentist bill, a pair of glasses or something similar

2) The help was given in connection with a vacation in flexjob or something similar to that (equals a salary)

3) The help was given for substinence (eg. because of unemployment)

In situation 1) or 2) an application can be approved but not in 3). And it doesn’t matter at all, if the help for substinence was given for 4 days or 4 years. There is unfortunately no lower threshold amount, it is “acceptable” to have received, if the help was given for substinence.

[mh1]

There is no discrimination in Udlændingelovens § 9/5. It applies equally to all Danish citizens AND residents and their spouses - that is: equally to people with Danish citizenship and people with foreign, but permanent residence in DK, and their spouses.

You can holler and shout and threaten with the press and to bring a suit at the Human Rights Court, but I really don't think it will be of any use.

Especially since you may not just march into the court in Strasbourg and hand in your suit.
There are procedures to be followed, and first you have to exhaust ALL possible complaint-systems in DK. That might take a few years. Then the court has a right to decide whether your case should be accepted or not. In my opinion it will be rejected, otherwise the rule would have been changed already.

Most likely you would also have to pay all expenses yourself. Lawyers are not free, and legal aid is only given under certain conditions, one of which is that your case is a pretty certain 'winner-case' or of fundamental principal interest.

[fundiver199]

You can holler and shout and threaten with the press and to bring a suit at the Human Rights Court, but I really don't think it will be of any use.

Particularly since before the case ever get that far, the 3 years will have expired, and US will then just issue a residence permit, after which the case will presumably be rejected by the court, since it no longer has any substance. Or at least: where is the interest in continuing a case, that is now purely principle in nature, since you already have your residence permit?

I am not saying, that ÆUG would not like to have this 3-year rule tried in the court. But its really difficult to find a suitable case, because in the far majority of cases it will be a better option for the spouses to:

a) simply wait until the 3 years have passed
b) move to Sweden or another EU-country

And as much as we would like to challenge the rules as such, we really need to look at, what gets the individual spouses to their target in the fastest, cheapest and easiest way.

Moreover court cases against a state are notoriously difficult to win, since the state has unlimited resources to hire the best lawyers, while the person filing the case will normally only be able to get a second best lawyer to take the case, if legal aid (fri proces) is given, or if the insurance is to pay, since the salary is then very low.

This might sound arrogant, but I strongly sence, that if ÆUG were ever to get involved in such a case, we might well end up with a lawyer, who has less knowledge of the relevant legislation and international conventions than many of the regular contributers to forum.

And this is not really what you want, when your goal is to convince a danish judge, that the legal department (Justitsministeriet) got it all wrong, when they said, that the legislation did not present any problems in relation to international conventions.

And as for European Court of Human Rights, their number of waiting cases has exploded to an extend, where one might argue, that the system has broken down completely, and that it is therefore illusory to have any but the most principle and far-reaching cases treated there.

[soreng]

If you have the time, and especially the money for lawyer then go ahead.

But what fight is it that you want to take on? Lets just assume that you get a rejection.
You then appeal the rejection, and changes are that at the time the rejection is processed, 3 years has passed since your spouce received this money, and you no longer have this problem.

At that time, what fight is it that you are willing to spend the next 3-7 years fighting ? (the number of years are made up, but it will most likely be in that number). You cannot say discrimination, because the rules are the same for all danes.

You have your own opinion about the people that work at us, and doubt their credibility. What is it that makes you think that rejecting an application is actually in the interest of the us? Do you have any idea about the amount of paperwork it requires to reject an application compared to just approving it? If they just want to make their live easy, then they would approve all applications. the laws are not made by us. Their role is only to process applications based on the law. If you believe that they do not, then come with examples of this.

This person you know that had been rejected 2 times, what grounds was there for the rejection in both cases? And what was corrected when the lawyer was put on the case? It seems that everyone knows someone, that might have a brother, that lived next to someone that has tried something, so now it could be interesting to hear what this someone has experienced. Could you not have this person write his story to the advicery email raadgivning@aegteskabudengraenser.dk including the rejection letters?

[fundiver199]

As a general rule of life, one should pick the fights, one engages in, carefully. And while everybody here surely agree, that the 3-year rule is stupid, fighting against it will in all likelihood be like banging your head against a wall.

Many people get very emotional, when they find out, that there is one or more of the requirements for family reunification, they do not fullfill. But the best advice is to not take it personally but instead look at the different lines of action, it is possible to take to solve the problem without having the legislation changed, and then go from there.

So first find out exactly what kind of help, you spouse has received. And if it is the “forbidden” one, then don’t waste time on an application, that will with almost 100% certainty be rejected. Instead start looking for other possible solutions right away, and take it for, what it is: just another piece of not very well thought out legislation.