Ægteskabudengrænser.dk

Dear Experts

My brother (dansk) and I (dutch) are planning to apply for our mother as family reunification, both under EU law and Danish law. I am fully aware this is not an official case under Danish law but as they said there are possibilities under some circumstances. I have following questions and hopefully with your expertise can give me a better understanding.

As they said in the said in the application form while my brother is filling, there is mentioning as follow

“Information about possible consequences if you apply for a residence permit while in Denmark on a visa (short term)
If you are staying in Denmark on a visa (short term) and you submit an application for a residence permit in this country, you need to be aware that it may have the following consequence:
• You can become ineligible for a visa for five-years (Aliens Act section 4 c).

However, the abovementioned consequence do not apply in the following cases:
• If you are a child under 15 or a spouse applying for family reunification.
• If you apply for a residence permit in order to study.
• If you apply for a residence permit in order to participate in the cities of refuge program.
• If you apply for a residence permit on the grounds of work, and you meet the requirements to obtain a permit.
• If there are decisive humanitarian reasons for allowing you to remain eligible for a visa.
”
Our mother is still having her valid tourist visa until around mid-November, I would like to ask if my brother is logging her application now, will she face any consequences for the banning 5 years right away? Our mother is going to leave Denmark as plan which is next month.

The second question is, if I send in application for our mother under EU-law. Is she allowed to stay in Denmark waiting for the final answer?

Thank you very much and I sincerely appreciate for your answer.

Regards,
Chaulong

Is your mother dependent on you for food and housing, or on other necessary care provided by you, or was she so immediately prior to coming to DK?

If you and your brother were not her only means of support (she could not without your support pay for her housing, food and care), she will not get the residence permit. If she doesn’t, she will have violated the visa rules if she stays, and will face visa quarantine. You have to be absolutely sure that she qualifies for EU-residence, otherwise she should leave as planned.

Dear mh

Thank you very much for your respond.

In our situation, there is only my brother who has been supporting her financially since July 2017 until present. Our mother is dependent on him for her rent, food and medicine and he has done it monthly for the last 26 months prior her coming to DK. But from my side I have not done it so I will not submit her application for this time.

So, could you please advise that if it is okay for my brother submit application for our mother without her being faced the visa quarantine?

The only documents that show my brother has been supporting our mother is from his bank statement, it shows details in every transaction he made, I would like to ask if are they sufficient enough? Does he has to print these documents out when he submits her application or immigration service will aks him when they work on the case?

Regards
Chaulong

Most likely, it would be the mother's bank account statements that would reveal whether she has been financially dependent on her son or not.