Ægteskabudengrænser.dk

Hello everyone here. Firstly, I want to thank everyone in this forum for providing help to all of us that encounter so many troubles navigating the danish legal system, you guys do an amazing work!!

My question is regarding the possibility of applying for the Labor market attachment, my situation is the following:

I am a non EU citizen and I am still married with a dane, no kids and I am been living legally in dk since september 2014.
I have my residence permit until 2021 under the grounds of Family Reunifications and I have been working in the same company since july 2015 in a half time job and as a full time employee since January 2017.

Unfortunately the situation between my partner and I it is not great, she cheated and brought my life into pieces, now she wants the divorce, she is adamant and I am desperate becuse I really love this country and my current job. I would love to stay here.

What are my possibilities to stay in dk if I apply under the grounds of labor market attachment?

My boss is willing to apply for me, and the job and the position are under all the danish stardards: contract, salary, working hours, holidays, insurance, etc...but the fact that it is not a "Highly skilled" position makes me worry.

My danish level is ok, I am about to take the DP3 and I hope to pass it this year.

I am not really sure how to procede, should I wait until the divorce is done or should I apply before? I can use the six months that the divorce takes if I don't agree, to get to 2 years as a full time worker.

Or is there any other option for me to get a permit to stay after I finally get divorce?

I will appreciate a lot any advice or help.

Thank you so much!

You do not need to be working as 'highly skilled', when you apply to keep your residence permit using the 'labour market attachment'-rule, but you MUST have been working in the same job for at least 2 years, and with 'same job' they mean: working for the same employer. It does not absolutely have to have been full-time, as far as I can see.

They used to add the condition that 'same job' meant working with the same job-title. To be on the safe side, if you got a different job-title when you went from part-time to full-time, you should preferably keep that job for a total of 2 years.

You can wait until the Immigration Service contacts you, asking if you have any grounds to present as reason why they should not revoke your residence permit. This usually does not happen immediately after divorce, however I suspect it will happen sooner than it does in cases where the foreign divorcé(e) has children in DK (because then in about 99% of the cases the residence permit can be retained). You the answer immediately, presenting your job contract etc.

https://www.nyidanmark.dk/en-GB/You-wan ... retainment

Thank you so much for your fast reply. It is much appreciated.