Ægteskabudengrænser.dk

Hi Everyody
I am non-eu citizen who came to Denmark as a student. I failed in exams and as a result I had to stop my studies. But my Visa is valide until July'2013.

I am in relationship with my fiance with whom I have lived for 3 months and she is from Bulgaria. We are going to get married saturday the 17th of November. With regards to this, I have few questions.

1. After marrying her, can I extend my visa as her spouse?
2. I plan to study again in september i.e if I get free education, so on what basis should I extend my visa, as a spouse or as a student?
3. What is the best time to apply for my visa? I know one has to apply 2 months before expiring date, but I mean should I wait for me to get EU card and apply for extension, or when I apply for EU card, I automatically get my visa extended?
4. Would there be any complications when applying for EU card?


I am very much looking forward to your answers.

Moiz

1) There is no such thing as described. What you have now, is not called a visa in danish language but a residence permit. Your residence permit is given for the purpose of studying in Denmark, and therefore it can not be extended, when you no longer study. Simple as that really. However when you are married to an EU-citizen residing legally in Denmark, you have a right to residence in Denmark as well, so you dont need a residence permit at all.

2) You should apply at Statsforvaltningen for a residence card as non-EU spouse of an EU-citizen residing legally in Denmark as a worker, student or selfsufficient person, or with a right to permanent residenceship already.

3) Again you are messing things up. As the spouse of an EU-citizen, you have a right to live in Denmark with your spouse, if he/she has the right to live here him/her self. You need to apply for an EU residence card, which then serve to document your rights to danish authorities. It is better for you, the faster you do this, and it has nothing at all to do with your existing residence permit. So just get it done, as soon as you are finished to celebrate your wedding.

4) It is a requirement, that your spouse is staying in Denmark as a worker, student or self sufficient person, or has been here for more than 5 years and thereby obtained a right to permanent residenceship. If you spouse do not fullfill any of these requirements, he/she does not have a right to stay in Denmark as an EU-citizen him/her self. And then of course you can also not have a right to stay here with him/her as a spouse. This could be the case, if your spouse has recently become a recipient of social welfare benefit (kontanthjælp), or if he/she has no legal source of income but is a "black" worker or a criminal like e.g. a drug dealer.