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Family reunification - Aus to DK

: 03.11.2012 12:23:39
af Muligvis
Hi guys,

I've done my research on the Danish family reunification rules and have read through a few posts from the forum but hoping to get further clarifications on a few things.

I am an Australian citizen and I met my boyfriend in Denmark where I was studying..He is now here with me in Australia on a working holiday visa - and will stay here for the full year (12 months), though he is scheduled to leave soon. He is a Danish Citizen who is born and bred in Denmark, lived there till 25 until he came over to Aus temporarily.

Whilst he would like to stay here and he would be eligible as what we know here as a de facto visa, he is hoping to complete a second degree in Denmark, and I am hoping to find ways to reunite with him back in Denmark..Our other option is to move to Sweden if this means we can be reunited. Nothing is really stopping us at the moment from me getting a visa via family reunification apart from the two points listed below.

I have mainly looked at getting a visa via family reunification (DK)- as a partner - I have been referring to this website - http://www.nyidanmark.dk/en-us/coming_t ... cation.htm

1. From what I understand the website states that we can document our cohabitation with one another in each other's country of residence - so his 1 year stay in Australia would count?
But I was wondering if the 18 months permanent cohabitation rules applies to broken up time frames - e.g. if he returns to DK, and I join him half a year later or up to a year on a tourist visa/ working hol visa and we live at a shared address - would that work?

2. Also, is the 50,000 kr deposit redeemable?
I don't quite understand how it works. The money goes into the bank as a form of security to prevent me from using social security money, but if I need funds, will I be able to withdraw it from the bank account, or is it once deposited now the government's money, and I can't touch it?
Am I right in thinking that this 50,000kr sum can be deposited slowly via quarterly fees, or interests etc. Rather than a lump sum deposit?

Is there any other ways you can think of for me to get a visa to stay in DK? Someone suggested moving to Sweden first? But so far from other topics posted, it seems you would need to get married first to be eligible for this? Are partners meeting the 18month requirement eligible for this to? Is there a website with information about the 'Swedish solution' that I can refer to?

I know Scandinavians don't consider undergraduate degrees as academic achievements, but if it helps, I've got two undergrad degrees in Law and Communication (Public Relations).
Would it be possible/ extremely difficult to find a job to sponsor me into the country?

All suggestions are much appreciated!!!
Many thanks
Jessica

Re: Family reunification - Aus to DK

: 03.11.2012 12:52:59
af skaanebo
1. As far as I know the 18 months of co-habitation (required for unmarried couples) should be consecutive. So you can't live together 10 months in Australia, live apart for 6 months and then live together again for 8 months and then claim you have been cohabiting for 18 months. Do note, though, that the 18 months is just a thump of rule. The authorities will have to make their own investigation of your relationship and it has been seen previously that 15 months were enough in some cases for instance. Also note that there is no time requirement whatsoever if you decide to marry.

2. You will be unable to withdraw the 50,000 DKK that is required as a deposit as long as you have not obtained a permanent residence permit. And you are required to deposit the total amount before gaining your residence permit.

Yes, you can also use the EU laws as a co-habiting couple if you can prove that you have lived together previously for at least 18 months. Or you can simply marry each other.

I don't think your bachelor degrees will be helpful for you. Law is usually only relevant in the country where you studied and your knowledge can't be used in another country with different laws. And communication is a very tough field with fierce competition and a lot of unemployment at the moment.

Re: Family reunification - Aus to DK

: 03.11.2012 15:29:23
af fundiver199
Perhaps the working holiday scheme could be a temporary solution for you. But other than that, you just prepare yourself to get married, if you really want to live together on a more permanent basis.

About the 18 month, skaanebo is right, that this needs to be on a consecutive basis. So just get married. That is a whole lot easier and more safe than having that kind of arguments with immigration authorities. And it does not hurt :wink:

Re: Family reunification - Aus to DK

: 03.11.2012 15:54:53
af mh1
"I know Scandinavians don't consider undergraduate degrees as academic achievements, but if it helps, I've got two undergrad degrees in Law and Communication (Public Relations).
Would it be possible/ extremely difficult to find a job to sponsor me into the country? "

With a bachelor in Law and one in PR I think there may be possibilities for a job in the private sector. Your LLB from will not count for much if you would like to practice law as such. Unlike Common Law Australia, DK is a Civil Law country so you would have to start all over again at a Danish university, and at the most get credit for 1 semester + in DK you need a Master's degree in order to have a chance to get into a law firm as an apprentice lawyer, after which you will need to work 3 years and pass a quite difficult exam.

Your 2 degrees will however definitely be a plus if you go job-hunting in other areas. I think you have to be creative thinking and send tons of applications to all kinds of businesses and try to convince them that your unique educational skills are exactly what they need :wink:

Re: Family reunification - Aus to DK

: 03.11.2012 22:11:48
af Muligvis
Thank you all for your responses :)

I've just read some more of the rules and written down my understanding below - I'm sorry if it sounds more like statements than questions. This is just to make sure my understanding of the rules are accurate.

Just to clarify..I must first deposit the total amount (50,000 DKK) before gaining a residence permit. So this 50,000 DKK cannot be withdrawn (basically for 5 years) until I meet the requirements and obtain a permanent residence permit.

But the rules also state I can apply to get it released or reduced if I meet certain requirements - such as passing a Danish A1, A2 test? And this guarantee will be released to me if for whatever reason my residence permit is revoked (though I would have to repay public assistance money received)?

Just in reference to the permanent residence permit now (http://www.nyidanmark.dk/en-us/coming_t ... -years.htm), again, the 5 year requirement needs to be consecutive?
So if I leave Denmark for an extended period of time, or if I no longer maintain a residence in Denmark, my residence permit can lapse?

And marriage will waive the 18 months cohabitation period - but that's the only difference between applying as a spouse and a partner?

Thank you!

Re: Family reunification - Aus to DK

: 04.11.2012 08:20:54
af fundiver199
You got it all right :D