Ægteskabudengrænser.dk

I'm a non-EU foreigner currently married to a Dane. We have a 5-year old child and live in KBH.

We've lived in KBH 4.5 years, I've been employed throughout that time, and I've passed Prove i Dansk 3.

I have a temporary residence permit that is sponsored by my work place and I renew every 4 years.

My wife and I are divorcing.

I'm concerned about my ability to stay in the country and see my child after the divorce if I lose my job.

Does anyone know what would happen in that situation?

I'm aware that I could pass the Active Citizen exam and get permanent residence, however am concerned about the period before that happens.

Guidance is VERY much appreciated.

I don't think you need to worry.

Firstly, you can make use of this: https://www.nyidanmark.dk/en-us/coming_ ... -in-dk.htm

Secondly, if your child is not going to live with you, you would still want visitation rights, right? And if you as a minimum have that every second week-end, plus consecutive days in holidays, you will be eligible for residence on basis of that, because the authorities after all do not feel that a child should be forced to travel abroad, let alone to another continent, to visit its parent.

According to Danish law, it is very difficult for a parent to get sole custody, and almost impossible to deny the other parent visitation. A parent does not need to have custody to get visitation rights.

Hi, thank you for the response and comments. I have a few follow up questions and comments.

First, I'm not sure how the link applies to me as I'm not an asylum seeker and my residence permit is connected to my work, not my spouse's. It is is possible I have misunderstood something.

To clarify your question about visitation, I would like at least 50% custody and visitation. My daughter is the most important thing in my life, and the focus of it. That said, I think it is also important for her to see her mother and that her mother is a good influence on her life, so we will hopefully end up at 50/50.

Regarding you comment that "the authorities after all do not feel that a child should be forced to travel abroad, let alone to another continent, to visit its parent," the comment makes sense to me, but is that stated anywhere or can I use that to get permanent residence? It is one thing to understand the authorities are likely reasonable, and another to have legal permanent residence so I don't have to feel 100% reliant on my employer in regards to my status in the country. In the past I always had the option to have my soon to be ex wife sponsor me, but that safety net is going away.

Thanks again.

If your residence permit is not conditional of your marriage, there is probably absolutely no reason why it should not be possible for you to renew it on the conditions that have applied until now. Should you become unemployed (you do of course belong to an a-kasse?? otherwise apply for membership asap), you do the same as in the situation below:

If your residence permit is conditional of your marriage, you will eventually receive a letter from the authorities notifying you that they intend to cancel your residence permit, and request information from you on grounds for why they should not (which is that you have a child in DK). Then you write them back immediately, explaining about your child and documenting your (hopefully) 50/50 agreement/decision from Statsforvaltningen/court and that you are indeed upholding the agreement (signed statements from your former spouse, from daycare/school etc.).

Denmark has ratified the UN Convention on the Rights of the Child. It therefore has to respect the convention's article 9: "1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence."

https://www.nyidanmark.dk/en-us/coming_ ... nation.htm
"Personal situation taken into consideration

If your personal situation indicates that revoking or denying extension of your residence permit would be particularly traumatic, the Immigration Service may chose not to revoke or deny extension of your residence permit. The following factors will be taken into consideration:

Your connection with Danish society, including the duration of your residence in Denmark.
Your age, health, and other personal circumstances.
Your connection to other residents of Denmark. Your child
Consequenses to close family members living in Denmark. Your child
Your connection to your country of origin.
Whether returning to your country of origin would endanger you."

Your child basically trumps all other considerations until the age of 18, as long as you are involved in the child's life on a regular basis.