Divorce before permanent resident permit

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gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Divorce before permanent resident permit

Indlæg af gill » 17.02.2014 00:32:44

Hello everyone..
I am new here and i really hope that i can get some good advise :)

I am non eu citizen.
I have been married with my wife for about 7 years. But we did got married outside denmark and moved here after1 year. And i have been living in denmark over five years and have full time work for almost 4 years with same employer.
My current permit is expired cause had to apply for next one and About 2 months ago i applied for permanent permit. But my wife wants to have divorce with me and she has already applied for it few days ago. But i don't want to give her divorce. Cause i still I think may be we can work things out. She doesn't want to but i still have a hope.
I dont wanna just leave cause i also made a life for me here.
And of cause we have a bank loan for over 130000 kr.

What are my options and how long it will take with divorce and if i dont want to give the divorce still can i get permanent permit here and about the bank loan cause i can not pay it if i have leave the country.

Thanks

fundiver199
Indlæg: 15458
Tilmeldt: 15.07.2008 15:58:34

Re: Divorce before permanent resident permit

Indlæg af fundiver199 » 17.02.2014 07:37:07

You can not force her to stay with you, and if you move apart, the conditions for your current residence permit is already no longer met. So it can also not be made permanent.

When your residence permit is rewoked, you can however apply for a new one on basis of your work:

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

It is also possible, that your residence permit is not revoked at all, if for example you have children together:

..........................................................

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

Your personal situation is taken into consideration

If your personal situation indicates that revoking or denying extension of your residence permit would be particularly traumatic, the Immigration Service may chose not to revoke or deny extension of your residence permit. The following factors will be taken into consideration:

* Your connection with Danish society, including the duration of your residence in Denmark.
* Your age, health, and other personal circumstances.
* Your connection to other residents of Denmark.
* Consequenses to close family members living in Denmark.
* Your connection to your country of origin.
* Whether returning to your country of origin would endanger you.

Once you have a valid residence permit, which is no longer dependent on cohabitating with your wife, you can apply to have it made permanent.

mh1
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Re: Divorce before permanent resident permit

Indlæg af mh1 » 17.02.2014 07:44:05

AND your spouse is ENTITLED to divorce, whether you agree or not. If you don't, it just means that it becomes a court case and thereby more expensive.

If both of you sign the petition for divorce the cost is 900 DKK. If it has to go to court both of you will have to pay several times that amount. You will need an attorney each, and most of them charge 1.500 - 3.000 DKK/hour.
mh
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gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 17.02.2014 11:02:48

Thanks guys but i am not sure if i got all what i wanted to know...
Things i want to know clearly are....

1. Can they send me back to my home country before my divorce is completed ?
2. How long it can take for the divorce when 1 person is not agreed ?
3. Can i apply for my resident permit throw my work even before my another permit is rewoked or denied.

I have been in denmark over 5 years and worked almost for 4. but i have never been on any kind of help or unemployed. I passed the danish test with good no. and would like to know if US considers any this before they rewoke my permit.
And i dont have kids with my wife so is there any chance to still get my PR cause may be they did not rewoke it or just stay in DK somehow...
Please help very confuse right now..
and about the bank loan...

Thank u very much

fundiver199
Indlæg: 15458
Tilmeldt: 15.07.2008 15:58:34

Re: Divorce before permanent resident permit

Indlæg af fundiver199 » 17.02.2014 14:16:29

1) Yes being married does not in itself give you a right to stay in Denmark. You need a valid residence permit for that.

2) Then the period of separation is 6 month.

3) Under "retaining foreign labour in Denmark": no. The window for handing in this type of application is exclusively 7 days after, your residence permit has already been revoked. It can be done no earlier and no later than that.

But you can apply any time under the pay limit scheme or any other general scheme, which apply to all foreigners, if you fullfill the requirements:

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

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 17.02.2014 15:40:04

thx fundiver
so I just have to wait and see if and when my permit is revoken and than just apply via my work.
But is it matters what kind of job u have? For EX. I have been working in a restaurant?

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 17.02.2014 16:18:27

And one more thing that last month I have been to US (police) to get a visa extension and I asked him that how long it will take for my PR and he said that he know someone who just got after 3 n half months but he can't say anything for sure.
I gave my application 2 n half month ago. If anyhow I get it soon before divorce is cleared.
Cause we still live together.
Thx again

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 18.02.2014 23:57:50

Please anybody ans who know this stuff. Thx

fundiver199
Indlæg: 15458
Tilmeldt: 15.07.2008 15:58:34

Re: Divorce before permanent resident permit

Indlæg af fundiver199 » 19.02.2014 07:29:06

gill skrev:But is it matters what kind of job u have? For EX. I have been working in a restaurant?
No. It just to need be the same job for at least the past 2 years.

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 19.02.2014 16:25:37

Thank you very much

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 04.03.2014 09:15:18

Hi guys thx for help last time :) but I got a another question hope fully last time.
I did not sined the divorce and My wife had canceled the divorce now cause we wanna give it a another go.
But will it effect somehow on my permanent resident ?
Will it be delayed or something or If US got any info about it ?
Thanks in advance :)

fundiver199
Indlæg: 15458
Tilmeldt: 15.07.2008 15:58:34

Re: Divorce before permanent resident permit

Indlæg af fundiver199 » 04.03.2014 11:11:55

It will be a problem, if you have not fulfilled the requirement of cohabitation, and US finds out about it.

gill
Indlæg: 11
Tilmeldt: 17.02.2014 00:05:04

Re: Divorce before permanent resident permit

Indlæg af gill » 04.03.2014 14:34:53

Even she has canceled the divorce with in 2 weeks and actually we didn't got divorced cause it didn't went through and we have been and are living on the same address.

Besvar