Permanent Residence Family Reunification

[robroy]

I am an Indian passport holder and I am living and working in Denmark since October 2007. I am holding a residence card of Type J which is linked to my work.

In Denmark, according to Danish law after 5 years I can apply for permanent residence provided I satisfy some criteria (like langauge and social exam and all).

But recently on November 2012 I got married and my wife is from Poland(Polish passport holder). Since she is an EU national, based on her we were told that I could get my residence permit changed to "Type K". Before I do so I have couple of questions which will help me decide on the same:

a) Does it make sense to change from Type J to K. What advantages do I have?

b) Once I change to Type K, I was told after a fixed amount of years I can automatically apply for permanent residence based in EU regulations. But how many years is that? I am hearing different numbers ranging from 3 years to 5 years. If i change my residence type to K do i need to wait for 5 more years even though I am staying here for 5 years already?

[mh1]

Using EU-rules you do not have to pass any language exam to get permanent residence card.

You will be entitled to permanent residence card 5 years after you gained the right to the first card.

Since your right to EU-residence card is directly connected to your being married to an EU-citizen, you cannot count the years of residence before you married. You can at the most count back to the day you married.

IF something should happen, so that your marriage is ended before you gain the right to a permanent card, it will in principle mean that your residence right ends. However, this will be modified according to the length of your marriage, the length of your total residence in DK, whether you have common children born and living in DK etc.

You may actually choose to have BOTH residence permit AND residence card at the same time. Your residence permit based on work does not become invalid by your getting EU-residence right. Actually you already have that right, you just don't have the card to show to prove it.

[fundiver199]

Since you already stayed here for 5 years and probably fullfill the requirements for a permanent residence permit (no crime, passed danish exam, 3 years full time work etc.), it makes sence to apply for that now after the danish rules rather than waiting another 5 years to get a right to permanent residence after EU-rules.

[robroy]

Wow. Thanks for all the replies. Really helpful. I didnt know that I can retain both types J and K and was a bit stressed about giving up the permit related to my work. Great.

Small query remains in my mind:

What are the advantages of Type K(EU rules based permit) over Type J(one i already have because of work). Do i get any education benefits or something in Denmark using Type K? Like people with PR get? I work at an IT firm and wanted to pursue higher education here part-time. I was wondering will i get any reductions or not.

[mh1]

You can read about the 'SU-system' here: http://www.su.dk/English/Sider/foreign.aspx

You already qualify for SU on an equal basis with a Danish citizen

However, you should be aware that if you get an even halfway decent salary working part-time for your present employer, you will most likely be earning too much to be entitled to SU. The amount you are allowed to earn without having your SU cut is about 9.000 DKK/month

BUT in order to avoid having to pay tuition you will have to EITHER have permanent residence, OR have a residence permit which may be made permanent , OR have a EU-citizen spouse who has come to DK as an employee.

So if your wife has come to DK as an employee and you apply for the EU-residence card, you will be exempt from paying tuition