Ægteskabudengrænser.dk

Dear ÆUG,

I've read through some similar topics on this forum but I feel that I am not quite in the same situations. Therefore I am writing a new post, hoping that you can help me.

I'm a foreign woman (not EU citizen), married to a Danish. My husband had an affair with another women and their relationship lasted for 10 months before I found out (recently). He told me that he does not want to divorce because he still loves me and he is trying to save our marriage. But I feel that I cannot forgive him and thus, I want to get divorced.

Here is some information:
- I have been living in Denmark for 4.5 years, holding a temporary residence permit, which is valid until November 2015.
- We have been married and lived together for 4.5 years.
- I am pregnant almost 3 months.
- I finished one Master's Degree in Denmark, and after that was unemployed for 2 years (received dagpenge from A-Kasse).
- Now I am back to school, taking a second Master's Degree (with SU).
- While I was studying on the first degree, I also had a part-time student job in one company.

What will happen to me and my child, if we get divorced before my baby is born? Is there any chance for me to apply for residence permit on my own? Or will I have to stop my study and leave Denmark immediately if we get divorced now?

Thank you in advance.

There are a few problems (beside the marital):

In principle you will lose your residence permit when you divorce.You may apply for a residence permit based on your education, but that would be temporary.

In principle you will not be entitled to continued SU if you are not married to a Danish citizen, until you have lived 5 years in DK, so you may lose your SU by divorcing.

As long as your child is not born, you cannot get a residence permit based on the fact that you have a child with a Danish father, who also has custody and a visitation right (which he must use) (or you have custody and a visitation right, in case the child is to live with him).

I would advice that you think things through carefully, and talk it through with your husband too. If it were you alone, getting divorced is one thing. Its quite another thing as soon as children are involved too.

Thank you for your information and advice