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Recognized refugee in Denmark

: 30.11.2012 08:53:43
af euborger
My niece's husband is a recognized refugee in Denmark since more than 20 years. We are checking the possibilities for my niece- who is non EU citizen as well- to apply for family reunification based on her marriage. My questions are:
If not considering the Danish national family reunification law;

1- Can her husband move to Sweden ( being a non EU citizen) if he finds work there?
2- Can she apply for family reunification in Sweden under national law or EU law?

Her husband is confirming that he can move to Sweden without problems being a recognized refugee for more than 10 years, he says special rules apply.
and from my side I'm quite sure that he is not included neither in the EU free movement of persons nor in the Nordisk laws of free movement.

Could you please enlighten me.

Re: Recognized refugee in Denmark

: 30.11.2012 09:32:45
af fundiver199
1) Yes but presumably only on the same terms and conditions as all non-EU citizens, so it will depend on swedish legislation and the type of job, he find

2) That would be under national swedish law then

Is there any particular reason, why they dont want to just apply for family reunification in Denmark? Without further information that seems like the most obvious choise to me.

Re: Recognized refugee in Denmark

: 30.11.2012 10:00:30
af euborger
No, actually we are just taking all the possibilities into consideration.

So as far as I understand, His danish permanent residency is of no use in Sweden and it doesn't put him in a special category or give him better access to Sweden than any other third country national under same conditions.

1- Can he live in Sweden and work in Denmark?
2- Does his Danish permanent residency gets cancelled after some time in Sweden?

Thanks a lot for your reply.

Re: Recognized refugee in Denmark

: 30.11.2012 11:04:54
af mh1
1) most likely not, permission for that is only given in special cases.

2) as soon as a person gets residence permit in another country, the Danish residence permit becomes invalid. Under Danish law a foreigner may never at the same time have residence rights in another country, that is not his/her state of citizenship.

Re: Recognized refugee in Denmark

: 30.11.2012 11:11:33
af fundiver199
1) Only if he obtain a work permit in Denmark on the same terms and conditions as all other non-EU nationals. So it will only be possible, if he is doing some sort of high qualification and/or high salary work.
2) At the same moment, he give up his residence in Denmark, his residence permit will be revoked. If he maintain his residence in Denmark, ie. by renting out his apartment, he might be absent for 12 month, before his residence permit is revoked.

Since he has obtained a permanent residence permit in Denmark, it does seem a bit silly to say the least to throw away all his rights by moving to Sweden and start all over again.

Has he considered to become a danish citizen? That would put him in a much better position, since he would then no longer need any kind of permit to either live or work in Denmark, even if he leave the country for an extended period of time.

Is he aware also, that if he still risk persecution in his home country (if his wife is from there), he can be exepted from all the usual requirements, if his wife apply for family reunification in Denmark? And in that case what is the motivation for moving to Sweden?