Family reunification

[Peanut12]

Hi all!!

I know there are many posts about family reunification but going through them all is very overwhelming and after a few everything becomes very unclear. So I'm just going to post my unique situation here and ask for advice.

I am from South Africa and my fiancé from the Netherlands. He's been living in Denmark since Aug '13 (has a job and CPR nr). I am currently visiting him on a tourist visa and we are getting married on Feb 19th. Obviously we are trying to avoid me having to go home in Apr (when my visa expires) and want to apply for family reunification as soon as possible. Now I have read so much about EU rules and Danish rules, I'm totally confused. I'm thinking that Danish rules don't apply here because neither of us is Danish.

What are the requirements for EU rules (keeping in mind that we will be married under Danish law when we do apply)?

And if we do meet the requirements, what are the chances of it being approved in 2 months (before my visa expires)?

I really hope that someone can answer these questions for me.

Thank you in advance!

[mh1]

As soon as you become man and wife, your spouse has a RIGHT to have you staying with him. It is not something you have to apply for, but you have to go ask to be registered. You will then after a (I think still long) waiting time get a EU residence card, which is valid for 5 years. If you all stay in DK for 5 years, the next card is in principle a permanent residence card. However, it will have to be re-issued regularly.

After getting married you just go to 'Statsforvaltningen' where your fiancé went to get himself registered, and bring the necessary documentation.

You can read here how to (check the left column for details): http://www.statsforvaltningen.dk/site.aspx?p=6394

[Peanut12]

Hi!

Is it really that simple?? I can hardly believe it!!
Just one more question: I saw in many posts mention of proof of "cohabitation". This will not apply to us once we are married, right?

Thanks so much for your assistance

[fundiver199]

No you only need to prove 18 month of cohabitation, if you are NOT married. And yes it really is that simple. If your husband is a worker in Denmark, then he has a right to stay here and also to have his wife with him. He might lose that right however, if he become unemployed, before he has worked for 12 month, and is unable to find another job within 6 month. In that case he might need to go back to Holland, and then of course you can also not continue to stay in Denmark.

[Peanut12]

Understood!

Bit of a unrelated question but when I arrived in Denmark, was I supposed to register myself anywhere to the authorities? I know in Holland you have to go to the alien police but not sure about Denmark (and it just popped into my head). Can anyone shed any light on this?

Thanks again for your co-operation

[fundiver199]

Not as a mere visitor no. You are "registered" by immigration control in the airport by stamps in your passport, when you enter or leave the Schengen area.

[Peanut12]

Ah, awesome! Thank you

Last main topic I'm a bit stressed/worried about is the Danish. How does that apply to me/us once we are married?

[fundiver199]

What do you mean "the danish"? The right to free movement in EU is not conditioned upon mastering a certain language.

[Peanut12]

Yes, the Danish language. Does it mean that I am not obligated to learn and pass it within 6 months (or whatever the case might be)?

[mh1]

Yes, it means that you are not required to learn even to say 'tak' (thank you) in Danish - on of the most mumbly languages there is. However, you are hereby advised to learn it, if you are going to live in DK. If you know Dutch also, it should be reasonably easy to learn Danish

[Peanut12]

Thank you. I am interested in learning it but it's good to know that I'm not obligated.
Thank you to both of you for your responses.

[Peanut12]

Ok, so I go to the "Statsforvaltningen" with a copy of my passport, 2 photos and our marriage certificate and I fill out the application form. Does my fiancé (very soon to-be husband) need to take anything with? Passport? His certificate of registration? I don't find it to be clearly stated on the website...

[fundiver199]

His certificate of registration.

[Peanut12]

What I need to do is correct? And how about his work contract or contract for the apartment? Or is that already in their system?
Someone said that we must go to the "Statsforvaltningen" where he got himself registered but according to him, he just went to the Radhus in town... Is it best to just go to one of the nine "Statsforvaltningen" offices?

[fundiver199]

In theory all you need to show is a valid passport, valid and certified certificate of marriage and proof of his registration in Denmark. In the latter it is already incorporated, that he is a worker and has a place to stay.

If Statsforvaltningen want any more papers, just let them ask and give them to them at your own discretion. Its no harm to bring a copy of his certificate of employment, but strictly speeking they are not entitled to ask for it, only his certificate of registration in Denmark.