Divorce/Separation

[Idacph]

Hi,

I am from a Non-EU country and came to Denmark on spousal visa(dependent visa) after getting married in my home country, in other words my visa is dependent on my husband who also belongs from the same country as mine . He has been living and working in Denmark for 3-4 years and has a residence permit. My visa conditions include me to stay together with him and that he has to prove that he can financially support me in Denmark. I have lived in Denmark for a year now and got my CPR and residence permit (dependent on him), it will expire next year and when he applies for an extension I will get an extension as well because my stay in Denmark is dependent on him entirely.
Over the time, I just realised that he is not the guy I want to live the rest of my life with. We do not have any kids. We're just two different people with different mindset who cannot get along well. I met a Danish guy and we fell in love with each other. We've been in a relationship for almost half a year now and we are really sure that we want to spend our life together. I want to leave my husband and be with the guy I love. We plan to get married in future.
I want to get a divorce from him and get married to the Danish guy with whom I'm really sure I want to spend the rest of my life with. We're even ready to live in another country as long as we can be together.
I am really confused about what am I supposed to do so that I don't have to leave the country after getting a divorce and how can I get married to him right after getting a divorce?
I will be 23 in the coming month and he will be 22 this year. According to some rule that I have heard me & my boyfriend cannot be married until we're 24 in Denmark. If that's the case then what step do I need to take?

Some suggestions would be highly appreciated!

[skaanebo]

You can marry if you are both 18 years old. But you cannot apply for a residence permit on grounds of being married until you are both 24. So it will not be possible to stay in Denmark just because you are married.

If you are working in Denmark, you may be able to stay if your employer really needs you to keep working.

Otherwise, you may consider using EU laws instead, moving as a couple to another EU/EEA country for a minimum of 3 months before returning to Denmark and then you will be able to apply under EU laws instead. One of the benefits are that there is no 24 year rule then.

[Idacph]

I totally get it. Thank you!
Few more questions:
1. Will I have to wait for some time after I get a divorce to get married again to my Danish boyfriend? Or I can get married as soon as Im divorced?

I don't have a job yet!

2. After getting a divorce my residence permit would be revoked because my visa conditions include me to live with him in one apartment so will I be sent back to my home country immediately?
In that case will I get some time to Stay in Denmark so that I can get married to my boyfriend during that time. Or maybe we can get married in another country and then come back and stay in Denmark because then the 24 year rule won't apply on us.

[skaanebo]

1. No, once you are divorced you are free to marry again.

2. You are obliged to inform Udlændingestyrelsen if you move away from your current husband and once the divorce is final. The condition for having been granted the residence permit is that you live together so once that is no longer the case, you risk to have it revoked. Before that happens, the authorities will write you and ask if there are any reasons why it should not be revoked? Once the divorce is final, you may have a week or two in order to marry and before your residence permit is revoked.

[Idacph]

Ah! Got it!
So now what should be my first step?
1. I ask for a divorce, leave my current husband and live together with my boyfriend. While doing this I would have to inform Udlændingestyrelsen about the current situation.

(How long would it take for the divorce to get final? So that I can marry my boyfriend!)

2. As stated that I would have a week or two only to get married before my residence permit is revoked so I will have to be all prepared with the papers and documents before I take a step. Right? If I leave Denmark during this situation to get marrried to my Danish boyfriend will I be allowed to enter Denmark again once we get married?

(Can I get an idea about the important documents that I would be needing for the marriage to be held)

3. And just a suggestion about where should we go to get married? Maybe Sweden would be the most appropriate one? So that the 24 year rule doesn't apply when we come back to Denmark.

[mh1]

If your husband accepts to divorce, it is actually possible to petition for an inmediate divorce on-line, using nem-ID.

It should not take more than a few days.

You will find the info and the forms here: http://www.statsforvaltningen.dk/site.aspx?p=6388

In Danish here: http://www.statsforvaltningen.dk/site.aspx?p=8648

When you apply to marry, you MUST attach a copy of the divorce paper.

It is of no importance whether you marry in DK or in Sweden. Probably it would be easiest to do it in DK, before you move.