Ægteskabudengrænser.dk

Hello guys, I have lots of doubts about the new rules regarding the housing requirements than it is newly stated in Ny i Danmark's site, they are very confusing and they seem to be quite open to interpretation, maybe some of you can give us a hand understanding these new requirements.

Me and my danish wife are considering to move to a bigger shared apartment, this is for economic reasons. So far we have been living in a private house that meets the requirements and I recently got my first extension of my resident permit on the grounds of family reunification.

This new apartment would meet the requirements on the webpage "New in Denmark" in which is stated:

"A room or rooms in shared housing can meet the housing requirement. ‘Shared housing’ is normally understood to mean a place of residence consisting of at least two bedrooms and a common room. If others living in the same residence are closely related to your spouse/partner, the residence is less likely to meet the housing requirement. In addition, the residence must be of reasonable size. This means that once the family reunification is completed, the residence must meet at least one of the following requirements: The total number of people living in the residence may not be more than double the number of rooms, or the total residential area must be at least 20 sq. meters per person."

The apartment would be shared by 2 more people that are not related to my wife or me. Its total residence area is 126 square meters and it has 4 rooms and 3 common areas (living room, kitchen, and toilet). The contract would be for more of a year and a half. My question is to make sure, before moving out, if this apartment would hypothetically meet the requirements??

Thank you in advance!!

Have you already got your extension for family reunion? I'm just confused, if you already got it, why should you worry?

Yes, I already got my extension but you have to notify the authorities if you change your address no matter when. I believe if you don't do so the residence may be revoked.

Akxel skrev: ↑

21.11.2017 23:31:44

Yes, I already got my extension but you have to notify the authorities if you change your address no matter when. I believe if you don't do so the residence may be revoked.

I know that you have to inform borgerserivce, but do you have to inform Udlændigstyrelsen every time you change your residence?

To answer your original question, I had the same doubt several months before. I don't think your new place fits the criteria because you are missing your own entrance, it's a shared apartment, meaning you share the entrance with the other two persons.

Yeah, that seemed to be before, but with that new parragraph it stays opened to interpretation. At least it is to me.
Just wanted to see if maybe another one has any experience on this matter.

Akxel skrev: ↑

22.11.2017 13:01:23

Yeah, that seemed to be before, but with that new parragraph it stays opened to interpretation. At least it is to me.
Just wanted to see if maybe another one has any experience on this matter.

I agree and I would be happily approved wrong because in the future we need to apply for extension as well.

....

Your partner has a separate entrance, but his tenant doesn’t.

mh skrev: ↑

24.11.2017 07:37:19

Your partner has a separate entrance, but his tenant doesn’t.

Hi mh, could you please help with the original question? I'm curious about the answer as well.

It is a question, to which the answer is “Maybe”.

As explained on nyidanmark’s page, such a place as described in the original question MAY fulfil the housing requirements.

When it comes to the housing requirement, it is NOT ‘the more the merrier’, so before choosing a shared housing arrangement make absolutely sure that it will be defendable why you do so, rather than choose a more private arrangement. This is not where you want to be testing the boundaries.

mh skrev: ↑

28.11.2017 16:07:19

It is a question, to which the answer is “Maybe”.

As explained on nyidanmark’s page, such a place as described in the original question MAY fulfil the housing requirements.

When it comes to the housing requirement, it is NOT ‘the more the merrier’, so before choosing a shared housing arrangement make absolutely sure that it will be defendable why you do so, rather than choose a more private arrangement. This is not where you want to be testing the boundaries.

Thanks mh.

My last question regarding the issue is are we obligated to inform the US every time we change residence even after obtaining familiesammenføring?

Have you checked the letter in which you were informed about the decision?

If it in that letter says that you have to, then you have to. If not, I would interpret the requirement thus: you will have to fulfil the requirement continuously until permanent permit is granted. You are obliged to provide proof that you do fulfill the requirement upon request.

In any case, when you apply for extension and in due course for permanent permit, you will have to provide such proof.

This is just my interpretation as a lawyer, without studying the bill, law, consolidation act, circulars, case law etc.

mh skrev: ↑

29.11.2017 09:58:49

Have you checked the letter in which you were informed about the decision?

If it in that letter says that you have to, then you have to. If not, I would interpret the requirement thus: you will have to fulfil the requirement continuously until permanent permit is granted. You are obliged to provide proof that you do fulfill the requirement upon request.

In any case, when you apply for extension and in due course for permanent permit, you will have to provide such proof.

This is just my interpretation as a lawyer, without studying the bill, law, consolidation act, circulars, case law etc.

thank you again, mh. We have not reached the point where we need to apply for extension or permanet residence permit yet, but I'll keep it in mind.