Advices and tips for new applicants on family reunification
: 05.04.2016 10:20:42
I decided to create this topic to serve as a guide to new applicants on family reunification. We have all been there and we know how it feels to be in this process. Lots of misinformation or even lack of it. Being caught off guard in case of a denial, for example, feels like a knife through the heart. I am going to describe a few patterns you may experience and can expect during your case analysis.
0) Before handling your application: make sure you have the latest form (http://www.nyidanmark.dk) for your application type (in case it's not digital). Laws can be passed including new requirements and change the form. If you have an old version they will mostly certainly not see when you deliver. This can lead to your case being rejected;
1) Complicated and simple cases. It may appear simple but some people often mistake what it means. A complicated case is a case that requires more investigation, such as: your marriage circumstances raise questions, etc. it does not mean your case will not get approved, it only means Udlændingenstylsen needs to look into it a bit further and that takes more time. A simple case is a case that has all documents and can be processed without much investigative work. The latter usually takes a bit more than 3 months to have the result we can predict the aftermath, as seen bellow;
Note: As of 2016, US started informing applicants whether the case is either simple or complicated in the "case is being handled" letter.
2) Deadlines and extrapolations. This explanation takes into consideration two things: a generic process workflow and Udlændingenstylsen's processing statistics.
Patterns you may expect in your case:
2.1) As soon as you handle your application, a few weeks later (~4) you might receive a confirmation that your application has been received, furthermore your case will appear on "Min side" page in nyidanmark.dk. They'll start the screening process, which is basically an overall look of your case's documents. Receiving this letter is not a must and you may not even hear of it.
2.2) The next letter is either one asking for more information¹ or stating they have already started looking into your application. When you receive this letter, it will be a decisive step towards your final answer. It is expected to arrive approximately 3 months after you have handled your application.
2.2.1) In case they asked for more information, your case may take a bit more time to reach the final decision. Apart from that, the next step will be 2.2.2.
2.2.2) Now, here lies the significant part: once you received a confirmation that your case is being handled, you can expect two things: a turn down or approval. To identify which, you can anticipate: upon receiving the confirmation, it may be followed by the request for the collateral deposit. They are often sent together or within a few days or weeks difference. This means your case has been approved and it all depends on you now. Assuming you can pay the collateral requirement and pass the Danish test, you can party with your partner.
3) In case the collateral deposit is not asked: if you have received the letter stating your case is being handled and you have not received collateral deposit request, - more than one month passed - you can start watching "Min side" page. Rejected cases will be marked as "closed" and removed from "Min side". So if you do not receive the collateral deposit request and your case vanishes from there, it will be likely turned down. You'll have a few more days to decide what to do and expect the rejection letter followed by the revocation of your procedural stay (if you are already in Denmark). They will give you from a few days to one week to leave the country. However you can apply for an appeal, if applicable.
Important: As of 2019 the US informed Family Reunification cases will take more time to be processed. The previous 3-month-period has now been established to 10. So be aware that receiving the letter I mention on item 3 may significantly take more time.
Appeals
Now that you may know in advance that your case has been rejected, you can start thinking in your appeal. It can be fulfilled in case you think you did not receive a fair judgement or that you can include new documentation that will change the reason they rejected your case.
Udlaendingenaevnet is the entity responsible for appeals. They will ask you to write down a counter-argument, which can be in english, to be attached to your appeal. You'll explain why do you think the decision is unfair and quote other personal reasons, if you want. They'll judge what is relevant and what is not.
In this same letter you can also ask for an extension of your procedural stay while the case goes through the whole process. Having said that, have in mind you still need to leave the country. The decision has been made and even if you appeal, until you get the answer Udlændingestyrelsen has the last saying.
Now, depending on the situation they may answer prior to your departure date. If they do not, you have to leave the country and wait 3 months to travel back (in case of non-EU with no turist visa required).
The appeal process can take up to 10 months, being: 5 months in Udlaendingenaevnet and another 5 back in Udlændingenstylsen. The appeal request can be done through e-mail.
Personal note: It can take less - mine took 3.2 weeks in UE and 4 months in US -, but you should not count with it whereas there are no guaranties. I just want to let you know it is possible.
Conclusion
As you might have noticed, the most critical part is the item 2.*, specially "Min side" page. As long as your case is still there you still have a chance. It does not matter how long it is taking, if your case is there they are still looking into it.
I hope this information can help relief a bit of the pain this process make people go through. I believe just the thought of not being able to be with the person you love serves as a punishment itself.
Danish Language
It is a must that you complete a Danish language test in order to obtain your residence permit, usually the Dansk Prøve 1. If you are confident enough you can jump over to Dansk Prøve 2 and get the bank guarantee for both tests. In case you want to be over with it, I suggest start studying as soon as possible, instead of waiting for the commune to assign you to a sprogskole, which will only happen when you get your permit.
Danish is not an impossible language. It requires dedication as any learning process and I believe self interest is enough to push people toward success. This means you can master it by yourself. You'll face some limitations but you can use the commune course afterwards to correct your mistakes.
My tip here is: start studying as soon as possible.
There is a web-based and smartphone app called Duolingo that offers, among Danish, other language courses for free. You can download in your smartphone and practice every day.
Personal note: I started doing the app lessons while I waited my case in Udlændingestyrelsen. As soon as I got my answer I had a pretty solid danish. I committed several mistakes and it was far from perfect, but I was able to perform the most important: understand other people and communicate with them - which is exactly what the Dansk Prøve tests require.
So, when I got my permit, without further do I scheduled my test (I was confident enough to take Dansk Prøve 2) and I passed without mistakes. I was really happy with thar.
When I went to the sprogskole to check my level, I was assigned to nivel 3 module 4. Now I use my classes to correct the grammar mistakes I still commit.
I really like danish and I tried to immerse myself as much as possible in the process. I listened to music, TV series and used my partner for conversations. If you don't have your partner around you to help with that, you can try to listen to danish music and TV (series or programs) on, Netflix, tv2.dk and dr.dk websites. Even for those who met each other in another language, such as my case (english) is difficult to simply start speaking danish with your partner. But you need to try.
You can use subtitles for the videos, but the important thing is to start getting used to the language sounds.
The fight is not over yet
If after all this agony you have received your temporary residence permit, congratulations! Now get ready for your permanent residence permit. It might seem too soon, but preparations for it must happen as soon as you can. Why, do you ask? Because you want to get away from the ever more discriminatory udlændingelov governments have been pushing on us, migrants. If you really like your partner and the life you have in Denmark, my biggest advice for you is to get a Permanent Residence permit to stay in a more stable legal position.
Go to the immigration's website and check what are the requirements for the PR. As of 2020, you are eligible in 4 years if you have had a full-time for 4 years continuous residence, passed Prøve i Dansk 3, among other things. You want to start working on on these requirements as soon as you can.
Trust me. You do not want to have your future and life dependent on a residence permit that has to be renewed from time to time. I know people who have been living in Denmark for more than 15 years and are still trying to get their permanent residence permit (not even the citizenship). What happens is that politicans start talking migration, things get nasty and immigration laws are modified, changing previous requirements and complicating the requirements. One example was the change made in 2015 when it was no longer possible to have the time spent in a Danish university count as "work" for the permanent residence permit. If you had spent 5 years in the country pursuing a bachelor and a masters, well, congratulations, now you are back to step 0 in the migration ladder. Another example, you have been in Denmark for 3 years, built a great life and then you get divorced. Chances are you can stay on other grounds, but you wanna be safe.
It is quite possible that while you are working in your requirements, politicans change the law and this change sends you back to the begining, nullifying your progress. But that’s the price you have to pay to live in Denmark.
To finalize, I was very persistent since the beginning and I can tell you it pays off. After 4 years I obtained my permanent residence permit and now I’m on my way to become a Danish citizen, having already applied to it. I’ll finally be able to vote and make my small contribution to the country’s political system. I highly encourage you to do the same.
Important notes and sources
¹ For obvious reasons this letter may never be sent.
² A suggestion to the immigration service would be removing the need of all this paper work, transforming it into a digital document. You can just print the receipt, sign and deliver it in their building. This way you avoid human error and reduce resource waste.
* The deadlines I describe here are based on statistical patterns. You may experience delays from weeks to months in receiving these letters. The standard deviation tend not to be that imprecise.
** I have neither worked in Udlændingenstylsen nor I know someone who does/did. I based these measurements solely on the data I could gather from both their site and http://www.aegteskabudengraenser.dk/for ... =6&t=15173. Moreover it has my personal experience with the process.
*** US = Udlændingestyrelsen / UE = Udlaendingenaevnet
Based on statistics gathered from 2014 until 2015. Further periods may require another study.
0) Before handling your application: make sure you have the latest form (http://www.nyidanmark.dk) for your application type (in case it's not digital). Laws can be passed including new requirements and change the form. If you have an old version they will mostly certainly not see when you deliver. This can lead to your case being rejected;
1) Complicated and simple cases. It may appear simple but some people often mistake what it means. A complicated case is a case that requires more investigation, such as: your marriage circumstances raise questions, etc. it does not mean your case will not get approved, it only means Udlændingenstylsen needs to look into it a bit further and that takes more time. A simple case is a case that has all documents and can be processed without much investigative work. The latter usually takes a bit more than 3 months to have the result we can predict the aftermath, as seen bellow;
Note: As of 2016, US started informing applicants whether the case is either simple or complicated in the "case is being handled" letter.
2) Deadlines and extrapolations. This explanation takes into consideration two things: a generic process workflow and Udlændingenstylsen's processing statistics.
Patterns you may expect in your case:
2.1) As soon as you handle your application, a few weeks later (~4) you might receive a confirmation that your application has been received, furthermore your case will appear on "Min side" page in nyidanmark.dk. They'll start the screening process, which is basically an overall look of your case's documents. Receiving this letter is not a must and you may not even hear of it.
2.2) The next letter is either one asking for more information¹ or stating they have already started looking into your application. When you receive this letter, it will be a decisive step towards your final answer. It is expected to arrive approximately 3 months after you have handled your application.
2.2.1) In case they asked for more information, your case may take a bit more time to reach the final decision. Apart from that, the next step will be 2.2.2.
2.2.2) Now, here lies the significant part: once you received a confirmation that your case is being handled, you can expect two things: a turn down or approval. To identify which, you can anticipate: upon receiving the confirmation, it may be followed by the request for the collateral deposit. They are often sent together or within a few days or weeks difference. This means your case has been approved and it all depends on you now. Assuming you can pay the collateral requirement and pass the Danish test, you can party with your partner.
3) In case the collateral deposit is not asked: if you have received the letter stating your case is being handled and you have not received collateral deposit request, - more than one month passed - you can start watching "Min side" page. Rejected cases will be marked as "closed" and removed from "Min side". So if you do not receive the collateral deposit request and your case vanishes from there, it will be likely turned down. You'll have a few more days to decide what to do and expect the rejection letter followed by the revocation of your procedural stay (if you are already in Denmark). They will give you from a few days to one week to leave the country. However you can apply for an appeal, if applicable.
Important: As of 2019 the US informed Family Reunification cases will take more time to be processed. The previous 3-month-period has now been established to 10. So be aware that receiving the letter I mention on item 3 may significantly take more time.
Appeals
Now that you may know in advance that your case has been rejected, you can start thinking in your appeal. It can be fulfilled in case you think you did not receive a fair judgement or that you can include new documentation that will change the reason they rejected your case.
Udlaendingenaevnet is the entity responsible for appeals. They will ask you to write down a counter-argument, which can be in english, to be attached to your appeal. You'll explain why do you think the decision is unfair and quote other personal reasons, if you want. They'll judge what is relevant and what is not.
In this same letter you can also ask for an extension of your procedural stay while the case goes through the whole process. Having said that, have in mind you still need to leave the country. The decision has been made and even if you appeal, until you get the answer Udlændingestyrelsen has the last saying.
Now, depending on the situation they may answer prior to your departure date. If they do not, you have to leave the country and wait 3 months to travel back (in case of non-EU with no turist visa required).
The appeal process can take up to 10 months, being: 5 months in Udlaendingenaevnet and another 5 back in Udlændingenstylsen. The appeal request can be done through e-mail.
Personal note: It can take less - mine took 3.2 weeks in UE and 4 months in US -, but you should not count with it whereas there are no guaranties. I just want to let you know it is possible.
Conclusion
As you might have noticed, the most critical part is the item 2.*, specially "Min side" page. As long as your case is still there you still have a chance. It does not matter how long it is taking, if your case is there they are still looking into it.
I hope this information can help relief a bit of the pain this process make people go through. I believe just the thought of not being able to be with the person you love serves as a punishment itself.
Danish Language
It is a must that you complete a Danish language test in order to obtain your residence permit, usually the Dansk Prøve 1. If you are confident enough you can jump over to Dansk Prøve 2 and get the bank guarantee for both tests. In case you want to be over with it, I suggest start studying as soon as possible, instead of waiting for the commune to assign you to a sprogskole, which will only happen when you get your permit.
Danish is not an impossible language. It requires dedication as any learning process and I believe self interest is enough to push people toward success. This means you can master it by yourself. You'll face some limitations but you can use the commune course afterwards to correct your mistakes.
My tip here is: start studying as soon as possible.
There is a web-based and smartphone app called Duolingo that offers, among Danish, other language courses for free. You can download in your smartphone and practice every day.
Personal note: I started doing the app lessons while I waited my case in Udlændingestyrelsen. As soon as I got my answer I had a pretty solid danish. I committed several mistakes and it was far from perfect, but I was able to perform the most important: understand other people and communicate with them - which is exactly what the Dansk Prøve tests require.
So, when I got my permit, without further do I scheduled my test (I was confident enough to take Dansk Prøve 2) and I passed without mistakes. I was really happy with thar.
When I went to the sprogskole to check my level, I was assigned to nivel 3 module 4. Now I use my classes to correct the grammar mistakes I still commit.
I really like danish and I tried to immerse myself as much as possible in the process. I listened to music, TV series and used my partner for conversations. If you don't have your partner around you to help with that, you can try to listen to danish music and TV (series or programs) on, Netflix, tv2.dk and dr.dk websites. Even for those who met each other in another language, such as my case (english) is difficult to simply start speaking danish with your partner. But you need to try.
You can use subtitles for the videos, but the important thing is to start getting used to the language sounds.
The fight is not over yet
If after all this agony you have received your temporary residence permit, congratulations! Now get ready for your permanent residence permit. It might seem too soon, but preparations for it must happen as soon as you can. Why, do you ask? Because you want to get away from the ever more discriminatory udlændingelov governments have been pushing on us, migrants. If you really like your partner and the life you have in Denmark, my biggest advice for you is to get a Permanent Residence permit to stay in a more stable legal position.
Go to the immigration's website and check what are the requirements for the PR. As of 2020, you are eligible in 4 years if you have had a full-time for 4 years continuous residence, passed Prøve i Dansk 3, among other things. You want to start working on on these requirements as soon as you can.
Trust me. You do not want to have your future and life dependent on a residence permit that has to be renewed from time to time. I know people who have been living in Denmark for more than 15 years and are still trying to get their permanent residence permit (not even the citizenship). What happens is that politicans start talking migration, things get nasty and immigration laws are modified, changing previous requirements and complicating the requirements. One example was the change made in 2015 when it was no longer possible to have the time spent in a Danish university count as "work" for the permanent residence permit. If you had spent 5 years in the country pursuing a bachelor and a masters, well, congratulations, now you are back to step 0 in the migration ladder. Another example, you have been in Denmark for 3 years, built a great life and then you get divorced. Chances are you can stay on other grounds, but you wanna be safe.
It is quite possible that while you are working in your requirements, politicans change the law and this change sends you back to the begining, nullifying your progress. But that’s the price you have to pay to live in Denmark.
To finalize, I was very persistent since the beginning and I can tell you it pays off. After 4 years I obtained my permanent residence permit and now I’m on my way to become a Danish citizen, having already applied to it. I’ll finally be able to vote and make my small contribution to the country’s political system. I highly encourage you to do the same.
Important notes and sources
¹ For obvious reasons this letter may never be sent.
² A suggestion to the immigration service would be removing the need of all this paper work, transforming it into a digital document. You can just print the receipt, sign and deliver it in their building. This way you avoid human error and reduce resource waste.
* The deadlines I describe here are based on statistical patterns. You may experience delays from weeks to months in receiving these letters. The standard deviation tend not to be that imprecise.
** I have neither worked in Udlændingenstylsen nor I know someone who does/did. I based these measurements solely on the data I could gather from both their site and http://www.aegteskabudengraenser.dk/for ... =6&t=15173. Moreover it has my personal experience with the process.
*** US = Udlændingestyrelsen / UE = Udlaendingenaevnet
Based on statistics gathered from 2014 until 2015. Further periods may require another study.