I NEED YOUR ADVICE

[Sunshine18000]

Dear all,
I moved to Denmark 1yr10 months ago because of my husband who is a Dane. Life has been increasingly difficult for me living with him and I want to move on. We have talked about it because we both feel the marriage isn't moving.I have been working since february for two companies and I started my last job in July.It is a full time job and permenant contract. I talked to a lawyer and he told me if I have been working for the same company for two full years I can get my resident permit changed from family reunification to green card. He also said I could find another place to live where I wouldn't have to have my address. My husband is willing to let me have my address at his place as long as possible. My issue is I don't want to live in a shared accomodation. With all the stress I have been going through I really need to be with myself and not integrate into another person's life because we share a place. I have been looking for a place but one owned by a private individual. My friends have made me to understand that I am the one who has to go get my address changed at the kommune and that I can also get subscription for electricity/internet etc without any problem.I was also maade to understand if no one informs the kommune then I wouldn't have any problems.
I will like to know what are the risks involved for me and for my husband?Can a landlord inquire at the kommune to verify if a tenant is actually registered at the place he/she is renting? If i file for divorce will I be sent back home eventhough I have a self supporting job and have been paying my taxes?
Looking forward to your inputs. Thanks loads
Sunshine18000

[fundiver199]

Dear Sunshine

Your current residence permit is conditioned upon you and your husband cohabitating. So it is illegal for you to not do so. If your landlord ask you to register your address with the municipality, and you don’t do this, you are in my opinion asking for trouble. I don’t know the motivation of your landlord, but it could easily be, that he will get in trouble with the municipality, if they think, his place is empty and demand, that he rent it out to combat housing shortage. So I cant really recommend entering into a rental agreement on dishonest conditions.

You already know, that you can get a new work related residence permit, if you have been working for the same employer for 2 years, when your current residence permit is revoked. This is called “keeping foreign labour in Denmark”. However you can also get a work related residence permit, if your job live up to other criteria like having a yearly minimum salary of 375.000 kroner, being on the positive list etc. Or you can qualify for a point based green card, where you don’t need to have a particular job but just some general qualifications relating to education, experience, language and age. So you might want to investigate all possibilities for legally living and working in Denmark without being married to a dane:

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

If you can qualify for any other scheme than “keeping foreign labour in Denmark”, your best option is surely to file such an application as soon as possible and then apply for divorce, once your application for a new residence permit has been approved.

[Sunshine18000]

Hi Fundiver,

Thank you very much for your advice and input. I didn't know about the high annual salary condition:-) though I don't fall under that category:-(.
I get your point about a landlord and the municipality, what about cohabitation say rent a room in a person's appartment? or have a place under c/o address? is it illegal say for example for a person to have several places registered under his name? I was just wondering is it is legal then i can get a place and have it under me and my husband's name if it's ok with him of course. what about moving to sweden say until I have spent 2 years at my job? What are the conditions to move to Sweden?

Looking forward to your response.
Best regards

[mh1]

Whatever you decide to do: DO NOT try to cheat.

Cheating WILL be found out, and it will cost you your residence permit, and possibly a several years long quarantine, during which you may not enter DK or any other Schengen country.

You cannot move to Sweden unless you apply for and get a Swedish residence permit. As a foreigner you will most likely NOT be able to live in Sweden and work in DK - your Danish residence permit will be cancelled as soon as you get a Swedish, and with it your Danish work permit will also be cancelled.

[Sunshine18000]

Hi MH,

Thank you very much for your input. I can see it's really complicated.
What is your advice in my case if i cannot pursue any of what i inquired about?
I am close to breaking and I don't know how long I can put up with the situation. I am depressed and angry all the time. I feel myself dying inside and turning into someone I don't recognise.
SOS: What should I do?

Sunshine

[skaanebo]

You can keep your address with your husband and just rent a small room at somebody's house for a while. Getting away and finding some rest may be the best for the time being.

[Sunshine18000]

hi Skaanebo,

Thanks very much, that is also what i sought on but i got negative feedback which helps to know but still makes me feel quite helpless.
I will inquire more and then possibly start looking for a room.

Thanks loads
sunshine

[fundiver199]

If you only rent a room, the landlord normally will not care, where you have your address. So yes it is possible to break the law by moving to a rented room while keeping your official address with your husband and get away with it without being caught. But please understand that while it is possible to do this and not get caught, it is not legal. And for that reason it is also not risk free. It’s a bit like breaking the speed limit, when you drive a car. Sometimes you get caught and fined by the police, other times you get away with it.

[Sunshine18000]

Hi Fundiver,

Thanks for the input I know there are probably risks that's why I am seeking advice before making a decision. What about the case of living in a place where I can only use a C/O address? Some friends have told me there are people who travel abroad for studies or work and will like to keep their appartment and then they rent it out and the person who takes over users the renter's address as C/O.
I just want to know the possible options so i don't take a decision that will cause me prejudice.
Can me or my husband be imprisoned/fined if I am caught?
Looking forward to your response.

Sunshine

[skaanebo]

There is no risk of getting fined or imprisoned so no need to make a big deal out of it. The only thing you "risk" is that your address will be changed against your wishes in case authorities discover you don't live where you claim to be living.

Lots of couples have "pauses" or "breaks" in their relationship and it's quite common to then move apart for a while eventhough they keep their registered address unchanged.

[fundiver199]

The risk is, that the residence permit will be revoked, if Udlændingestyrelsen find out, sunshine18000 is no longer cohabitating with her husband, since this is a fundamental requirement for a residence permit given with the purpose of family reunification.

[Sunshine18000]

Hi Shaanebo and Fundiver,

Thanks for your inputs. That is some food for the thought which i will need to ponder on but I know that the risk here is my permit being revoked. Not wanting to minimise that risk if that is the only risk which is directly linked to me I can deal with it. I just don't want my husband to be affected because considering the situation he is willing to help me stay here since I have started a new life here for myself by allowing me to maintain my address at his place if I move out.
Being a dane does he risk anything?

sunshine

[fundiver199]

It is illegal for anyone to knowingly assist a foreigner to stay illegally in Denmark. So in theory it is not risk free for your husband either. And in theory even I could be prosecuted, if our conversation can be interpreted as assisting you in staying here illegally. However in ÆUG we have never heard about such cases being prosecuted in a situation, where it is only a matter of no longer cohabitating with a spouse. And presumably this is because danish authorities give priority to prosecuting serious violations of the law rather than trivial ones. So in “real life” it is unlikely, that anything more will happen besides the residence permit being revoked.

[Sunshine18000]

Thank you very much Fundiver your advice really helps and I think it is great to be able to get help from a forum like this as a person gets scared about going to the adequate authorities to ask for help as they are under the obligation to document and report such matters. It's not easy when you are a foreigner and don't know the law and in most cases far away from family and friends.
I really appreciate your help MH, Shaanebo and Fundiver

[Sunshine18000]

Hello again,

I will like to ask, in my case I came to Dk through family reunification, if my permit is changed to Work permit(after 2 years working for the same company) I presume the conditions for applying for permenant residency will automatically change right? What are the conditions that have to be fulfilled to ask for permanent residency through Green card?

BR