Ægteskabudengrænser.dk

Hello,

I would really appreciate your advice about our situation.

I am Russian and living in Norway while I wait for my work permit application to be granted, and my fiancee is Danish, living in Denmark. We want to get married and move to Denmark.
My Norwegian application for work permit was submitted in 2008, and I still cannot get any decision on it. While my visum has already expired, I received a permission from Norwegian Police to stay in Norway until my case gets a final decision (begjæring om utsatt iverksettelse, etter klage fra min side). At the same time I can not travel to Denmark (=outside Norway) before the case is decided. We tried to register our marriage in Norway, but Directorate of Immigration (Utlendingsdirektoratet UDI) that has my case has to confirm that I am staying in Norway legally. As Politiet informed me about my right to stay in Norway over the phone, I don't have a document confirming it, and UDI doesn't reply to my requests to provide me with such a confirmation. What should we do?

Appreciate all advice, also regarding the following:
1) If we want to get married in Denmark, what documents do we need? Do I need a written confirmation that I have legal right to be in Denmark?
2) Is it possible to register marriage in any other country?
3) Can my current status and the long process with Norwegian UDI affect the process in Denmark if we apply for family reunion after marriage? Are any other negative conscequences possible?
4) What can we do to get married as soon as possible (very frustrated by the Norwegian application processing times and treatment of foreigners...)?

We are looking forward to your reply and appreciate any advice you might have.
Best regards,
J and N

You cannot legally marry in Denmark as you don't have a valid residence permit for any Schengen country or a valid visa.

So if you wish to get married, it seems you will have to get married in Norway (Sweden could also be an option, though, as Sweden doesn't require you to have a legal residence in order to marry but since you're already in Norway and you can't legally leave Norway as long as your case is pending, Norway seems a better option to get married).

1) A valid Schengen visa, a valid passport and certificate of non-marriage from Norway and Russia.

2) Illegal immigrants can get married in Sweden, but they risk deportation, if they are caught by swedish police.

3) You can only apply for residence permit in Denmark in your home country or the country, where you currently have your legal residence. So in your case, you can not apply in Norway, but you can apply in Russia. You can also apply in Denmark, if you are in Denmark on a valid Schengen visa.

4) Go back to Russia and get married there. Or apply for a schengen visa to Denmark and get married here. That is the fastest and easiest solution to your deadlock situation.

If you go back to Russia, you should in principle be able to obtain a schengen visa to Denmark as fast, as the danish embassy is able to process the application.