Bulgarian Peruvian FamReu in Denmark?

[svetlina89]

Hello everyone,

I am very confused with all the laws of family reunification and don't really know where else I can ask. I tried straight asking the authorities but of course they are only giving me the official options.

I am a Bulgarian student and as such I am living in Copenhagen with a temporary residence permit. Before coming here I was working on a cruise ship where I met my Peruvian boyfriend... and my plans completely changed because from only taking care of myself now I have to figure out how to bring us together. He is now still working on the ship (for 6 more months) and we wanted after the end of his contract to bring him here to live with me and to get married. Since I am not a Danish citizen and he is from a non- EU country, and we do not possess 10 000 Euro to put in the bank so he can show he is able to "support himself"... what are our options? Can he apply for a tourist visa in Peru, come with it and then marry me? Will it not look bizarre and on the edge of illegal? If we can get married- can we stay to live and work here so I can finish my education?!? Do we need to put any money at the bank and will he be required to take any tests?

All in all- what would a possible scenario and solution be for us?
I thank you very much in advance for taking the time to help us.

[fundiver199]

Can he apply for a tourist visa in Peru, come with it and then marry me?

Yes. For visit to girlfriend/fiancee in Denmark, it is a requirement, that you have met in person within the last 12 month. So this must be documented in the application.

Will it not look bizarre and on the edge of illegal?

No.

If we can get married- can we stay to live and work here so I can finish my education?!?

Yes. You are an EU-citizen and therefore have a right to free movement in Denmark. If you want your spouse to join you here, he just have to apply for a residence card at Statsforvaltningen, after you get married:

www.statsforvaltning.dk

Do we need to put any money at the bank and will he be required to take any tests?

No. As a student, you must provide evidence, you are enrolled at a recognized study. Besides that you must sign a form, that you intend to support your spouse during your stay in Danmark. This then also mean, that if he apply for social welfare (kontanthjælp), he can lose his EU residence right. There is also a requirement about health insurance, but I am not really sure, how that work here in Denmark.

For more information in multible languages read here:

http://europa.eu/youreurope/

[svetlina89]

God bless you!!! I read so many things and I didn't really know which rule we apply under and things looked like they were piling up on top of each other.
Two days ago I bought a flight ticket to go and see him in Peru. Do you know if there is any specific particular official form of the invitation and where can I find it? And how do we document that we "saw each other in person".

I will have a part time job now- should I NOT apply for SU just to be on the safe side? And also- I will sign that I can support him but will he be able to work also?

PS: Are there any threats or possible difficulties that I am overseeing with this plan that we have?

[fundiver199]

Do you know if there is any specific particular official form of the invitation and where can I find it?

https://www.nyidanmark.dk/en-US/minside/

There is supposed to be an online invitation form, but not sure if it works currently.

And how do we document that we "saw each other in person".

A photocopy of all the stamps in your passport will do. You can a a few pictures of the two of you together, if you like.

I will have a part time job now- should I NOT apply for SU just to be on the safe side?

You can apply for SU. It doesn´t intervene with your EU residence right.

And also- I will sign that I can support him but will he be able to work also?

Yes he is allowed - and encouraged - to work in Denmark, so that he can contribute with tax payments and become integrated in danish society.

PS: Are there any threats or possible difficulties that I am overseeing with this plan that we have?

Not really. The EU-rules of free movement are just as liberal and simple, as they sound. So you are lucky to fall under these rules and not the more strict national danish rules.

And about application for Schengen visa, contrary to popular belief, Denmark is not a "difficult" country to deal with. Visa for visit to girlfriend/fiancee are almost always granted in Denmark, unless the applicant is from an asylum country or have some kind of bad immigration history in Schengen like exceeding a previous visa or applying for asylum.

When it comes to the visa issue, you would be much worse of, if you were living in eg. Germany, Norway, Finland, Holland, UK etc.

[svetlina89]

One year later...

My boyfriend was actually denied a visa so he could not come to Denmark and we could not even try to accomplish the initial plan. After we got the news I started reading and it turned out that we can appeal to the decision which we did (after so much trouble because the appeal had to be in Finnish or in Swedish- impossible to write it in English or Spanish). Until now- no answer to that and when he calls to ask they either tell him they will contact him or that they don't give any information over the phone and he can email his question to the embassy. So much for that.

I went to see him in Peru for a month and now I'm back to continue my studies at the university. We are still trying to find a way to get united and be able to live and work in the same place.

Now we did some research and decided that we can get married in Peru. Today I went to the International House in CPH to ask if after we are married I can submit the papers for family reunification while he is still in Peru. They told me that is not possible and he has to be here before I can send the application for his residence permit. After my argument that I had the right to apply for permit BEFORE I was even here, they told me that that's because I am Bulgarian and he is Peruvian. Bummer.

What are our possibilities- I don't understand anymore. I read somewhere that the visa application can be denied if there is suspicion that the person is applying for a visa with the intention to immigrate illegally. If we get married in Peru then this means that even though he is my husband they can deny the visa because he will try to immigrate here. I think it's only logical for him to try to come and live in DK so he can be with me so this whole thing is a big paradox.

Do you have any suggestions what to do? Or which lawyer in CPH should I contact for a meeting to be able to ask in person all the questions and to discuss all the possibilities?

Thank you!

[mh1]

I don't know what the International House is, except they are wrong.

Although it IS your husband (once you are married) who is the one to apply for family reunion, he does not NEED to be in DK in order to do it.

However, since once you are married you have a right to have your spouse with you and he can apply for a FREE visa as married to a EU-citizen, why not do it that way? Visa first, then apply for a residence card for him once he arrives.