Question regarding permanent reisdence

[uidroot]

Hi

Do I qualify for permanent residence if I stayed in Denmark for 5 years with a mix of Danish green card and as a EU family member? or I cannot mix my stay?

[skaanebo]

No, you cannot mix. The 5 year rule is only by using EU laws.

[uidroot]

Thanks for the response skaanebo . One more thing I want to ask is I am going to study in Aarhus but we currently live in odense. will it be a problem if I stay in aarhus and visit my wife during weekends or will my reisdent card be revoked for staying away from her. It is 4 hours train trip every day.

[mh1]

When you have EU-residence, you do not need to be living together, you only need to live in the same country. AND you do not need to move your address in the folkeregister, if you are usually at your common home every weekend and holidays.

You may ask at the post office to have snail-mail redirected to your temporary address, if that is more convenient. It will still not mean that you have to move your folkeregister address.

[uidroot]

Okay. I just want to clarify that if I live in aarhus my wife wants to take a smaller place since it is expensive to have the big apartment. Is that okay? so we can save money otherwise we have to pay lot of money for both places.

[mh1]

Since you have EU-residence, there is no 'boligkrav', that is: the only criteria for your residence is that it is suitable for human inhabitance. It must be a place where both of you can be registered (no rule about only one tenant), and must consist of at least one room with a window and a door you can lock behind you.

[uidroot]

okay I am bit confused. So we need to have a common address at all times. we cannot have different addresses, say she have address in one city I have one.

[mh1]

I didn't day that - I just mean that while it is not necessary that you live at the same address, your spouse must keep a place to live, which fulfills the minimum criteria in order for you to keep your status as EU-citizen. Your spouse may thus not be homeless.

[uidroot]

Thanks mh

As for the new proposal about EU rules for non-eu nationals. You quoted they cannot cancel permanent reisdence unless you do serious crime and such. What if they change the EU-rules for non-eu nationals will they cancel the 5 year permit they already issued?

[mh1]

No.

[uidroot]

Thanks mh

I have a question rearding moving to other kommine say aarhus. If my wife stays in fyn and if I move to aarhus do I need to tell kommune again that we are married and show the marriage certificate or it will be automatically registered even I move to other kommune. Last time when I applied for resident card the office that issued the card asked us to go to kommune to register that we are married

[mh1]

No, you do not need to re-register your marriage. All 'kommune' can see in their system that you are married.

[uidroot]

Hi mh

Just want to ask if I am going to aarhus to study and work there for a while and register my address there. Will statsforvaltningen write me and wont cancel my resident card right? I am asking since when I applied for resident card they asked us our apartment contract and even waited a month to make sure we are the only one's registered in that address. If we are living a part will they make any trouble?

[mh1]

No, they should not. If they do, complain. They don't have any right to cancel your residence right, as long as you and your spouse both live in DK.