Ægteskabudengrænser.dk

Hi everyone, and thank you in advance for reading this.
I am a non EU resident living in Denmark the last 3 and a half years on a family reunification visa, we have 2 children, not married but do own a house together, yet our relationship is no longer livable and i have moved out recently. I'm in my second year of uni and have no intentions of leaving the kids to go back home to Australia. Am wondering what custodial rights do i have to my children and can i legally live apart from my ex girlfriend as it says i cant as I'm not a resident (but i have too) yet they have just extended all process times by like another four years for resident visas and i was only 3 and a half years through. Confusing i know, but any help is greatly appreciated. Thanks again

If your kids are Danish and have been going to Danish school, they won't send you back. They are integrated and can't have their father away from them.

If your residence permit has been given on basis of your partnership, it has in principle become null and void.

However, as the authorities do not act swiftly when it comes to cancellation of a residence permit, it will be a while before they react to the info from you (which of course you have sent, as you are obliged to and have signed a statement that you will) that you no longer co-habit with your partner. Some divorced couples have been contacted as late as almost a year after the divorce.

The authorities will eventually ask if you have any good, legally valid reasons for why they should NOT cancel your permit. The answer to that is of course that you have children, and have continued a regular contact with them, by at least seeing them every other weekend and consecutive days during holidays (or - they live with you, and their other parent has that kind of contact). Based on that you can obtain a residence permit, so that your children will not be deprived of their child-conventional rights to contact with both of their parents.

One thing - if you have been exempt from paying tuition fees on basis of your partnership, this may cease.