Ægteskabudengrænser.dk

Firstly, hello there!
Secondly, thank you in advance for any tips and advice you might be able to provide me (and my husband with).

My husband and I (me from the UK, him from Colombia) are seriously interested in moving to Denmark after over a year of reading, discussions and comparing the country to others on our list of options. We also plan to visit as much as possible to do first-hand research before taking out the formalities, but we are still both very excited about working hard for it to come true.

I called up "The State Administration" this morning (http://www.statsforvaltningen.dk) to try and clarify a few things, and was very surprised to learn some things that I hadn't read on any other Danish website about relocating to Denmark.

My non-EU husband lives with me in the UK on a spouse visa. From talking with the State Administration this morning, it sounded as though it would be possible for us to relocate to Denmark with the following steps:

1. We travel from the UK to Denmark together with no paperwork or visas etc (currently Colombians can enter Denmark for up to 90 days with no visa).

2. Once we arrive in Denmark (obviously I wouldn't relocate without securing a job and renting a place first) I apply within 3 months for an EU residence permit, and my husband can come with me and we submit the DO1 form from http://www.statsforvaltningen.dk for him to remain with me as my non-EU spouse.

3. We eventually become successful entrepreneurs in Denmark and live happily ever after maybe even with a couple of sprogs.

It was a long and stressful process getting my husband to the UK, and so I am uncertain whether it really would be so straightforward for us to relocate to Denmark.

The person I spoke to at State Administration said that we may require funds of 10000 euros each. I have previously read about other amounts online, but thought that was only for the non-EU spouse. Is there not a specific amount we need to prove? Do these funds have to be in each of our bank accounts respectively for a certain amount of time before making the application too?

Can my husband really apply for residency with me during his 90 days? I really do not require residency first, nor for a specific amount of time prior to him joining me (somewhere I read 3 years but am so confused as to what is relevent to our situation!)?

Would you recommend using a lawyer to guide us through this process? The person I spoke to didn't seem to think many people used a lawyer for these kinds of applications.

If we are relocating to Denmark together, do we not have to have lived together for more than 18 months at the same address, or show that we have stronger ties to Denmark than to either of our own countries? The person I spoke to did not mention any of these things, but I forgot to ask these things also.

Thank you so so much for any pointers you can provide me - so far my brain is a mish-mash of all these different websites and am so unsure about what actually applies to us exercising my European right of free movement.

Your husband can follow you wherever you go, assuming you are a EU citizen and legally married to him. It does not matter where he comes from. You can move and take him with you. Once there is this legal bound between you and him, you extend your rights to him. If you can stay here n months, so does he.

In Denmark can you apply for family reunification using EU law, which are way more flexible than the Danish ones.

Many Danes move to Sweden, live there for a couple of months and then come back to Denmark to apply using EU Law, the same ones you will be using. By moving and living in another EU country some months, they are elegible to another set of laws beside the Danish ones (nice system, uh?). Since you already live there, you have obviously fulfilled this requirement.

If you can get a job, show that you have a certain financial condition or start studying, he can simply follow you and stay with you. Simple as that. The process is quite simple and he can also get the right to work and study.

If you are married, I do not think you ought to show that you have lived together. Someone else might clarify this better for you. You can translate this document and get some reference: http://www.aegteskabudengraenser.dk/raa ... g/flyttedk.

Whomever you spoke to does not know what s/he is talking about.

There is no depositing of funds when you use your right of free movement (EU-rules). Only if an EU-citizen wants to settle in DK without having a job, receiving pension or being a student that person must show to have 'sufficient means' for his/her own and any dependents' living expenses. There is no fixed sum for 'sufficient means', so if you have what is equal to the minimum 'dole' it will be enough.

And if you have been married just two minutes, that suffices. A marriage certficate equals 18 months of co-habiting. Also no need to show ties to DK in any degree whatsoever. EU-rules trump all Danish rules for immigration of spouses.

Aren't there going to be some problems - possible in the future - about that UK are no longer members of EU? ... Thereby not having any EU-rights anymore? Or is there any update on that?

The UK still has not asked the EU to exit the union, thus it's still something in the future to negotiate. And most likely, whatever they agree on will not have any immediate effect.

Thank you everyone for your time in replying.

Another concern I have is that my husband and I married in Denmark just 2 years ago, and so we are worried that we will not be allowed to live there because we remember clearly the lawyer saying something about us not marrying in order to live in Denmark, and we signed this.

Maybe others here had to sign for the same when they married in Denmark?

We were not intending to ever move to Denmark at the time, and it was certainly not our reason for marrying, is this something we will have to prove to immigration?

I have not yet found a lawyer to ask regarding this, so wondered if anyone has any experience or knowledge of this please?

No worries.

You must have misunderstood what you signed. There is no law against wanting to live in DK, thus you cannot have signed any legally valid document binding you to a promise never to try to establish a home in DK.

What you signed is a declaration that you did not marry ONLY or PRIMARILY in order for the non-Danish part to be able to get residence permit in DK. To marry for that reason is a sham marriage. Your marriage is clearly not.

SigneLassen skrev:Aren't there going to be some problems - possible in the future - about that UK are no longer members of EU? ... Thereby not having any EU-rights anymore? Or is there any update on that?

I hope not for a long time! Either way, it will still take a couple of years for the process to be implemented...

mh skrev:No worries.

You must have misunderstood what you signed. There is no law against wanting to live in DK, thus you cannot have signed any legally valid document binding you to a promise never to try to establish a home in DK.

What you signed is a declaration that you did not marry ONLY or PRIMARILY in order for the non-Danish part to be able to get residence permit in DK. To marry for that reason is a sham marriage. Your marriage is clearly not.

Thank you again for all of your help and time MK, would you recommend us consulting an immigration lawyer at all? I would really like to just find work in Denmark asap actually, but if the process is as undemanding as it sounds to be, we have no reason to wait much longer at all. Our rental contract is up in October and I'm looking to change jobs anyway; maybe I can just take a holiday next month in Denmark and job hunt!

Using a lawyer would frankly be a waste of money (says the lawyer + spouse of one).

If you find a job, you simply move to DK, register yourself and your spouse at 'Statsforvaltningen', and that you must do in person anyway. No need for a lawyer, only perhaps someone who speaks Danish and English well. At Statsforvaltningen they should be able to understand and speak English.

http://www.statsforvaltningen.dk/site.aspx?p=6028