5 year EU rule and divorce

This forum is dedicated to all our English-speaking members.
Please feel free to ask your questions here!
Besvar
V13
Indlæg: 8
Tilmeldt: 17.01.2021 21:14:54

5 year EU rule and divorce

Indlæg af V13 » 20.01.2021 10:15:04

Dear Community,
I'm hoping your knowledge and experience can help me clarify a few things.

1) the EU 5 year rule. Does it apply in Denmark if my husband is Danish and I'm a non Eu national? or its for couples fx. French and either eu national or non eu national.?

I'm trying to understand if its something I can apply for , have been living in DK for 6 years , married to a Dane. or am I only legible for the permanent residence after 8 years?

Thank you in advance for your help.

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: 5 year EU rule and divorce

Indlæg af skaanebo » 20.01.2021 11:03:33

No, it only applies if your Danish husband has used EU laws to move together with you from another EU country to Denmark and you have been issued a residence card under EU laws. Or if one person is an EU national and the other partner isn't (A Dane who never left Denmark is not considered to having been using the free movement within the EU and is therefore not regarded as an EU national). Then after 5 years with a tempoary residence card you can apply for a permanent residence card.

V13
Indlæg: 8
Tilmeldt: 17.01.2021 21:14:54

Re: 5 year EU rule and divorce

Indlæg af V13 » 20.01.2021 15:08:24

I see, thank you.
So the only way for me to have any thing permanent in DK is after 8 ?

Can you please advise if for example a non eu gets marries to a Danish citizen in Eu, have lived in Eu, and then wants to migrate back to Denmark.

In this scenario, the couple must go through the family reunification process again, to live in Denmark. DO they go through the same process of putting a bong for e.g 100 00 (I dont remember the exact amount) or EU laws apply differently for the family reunification process?

Thank you in advance.

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: 5 year EU rule and divorce

Indlæg af skaanebo » 20.01.2021 15:39:41

Yes, if you have lived permanently (continously, with an address in Denmark) for an unbroken 8 years, then you can apply for a permanent residence permit under Danish laws. You can read more about this on nyidanmark.dk.

If you marry a Dane and live together with the Dane in the other EU country before moving to Denmark, then you can use EU laws to gain a tempoary residence card under EU laws. After 5 years living permanently (continously) in Denmark, you will then get a permanent EU residence card from Denmark.

If your Danish husband will not be living with you in another EU country before you move to Denmark, then you are back to square one and will have to apply for a new residence permit under Danish laws whith everything that involves like putting up a new bank guarantee. And then you have to wait another 8 years or so to get a permanent residence permit.

Please also note the differences between having a permanent residence permit and having a permanent residence card.

A permament residence permit will become invalid if you decide to move outside of Denmark for more than 12 months, whereas a permanent residence card will become invalid if you decide to move outside of Denmark for more than 24 months. So for someone who moves across borders in the EU, please keep this in mind. The only way to actually gain the right of free movement within the EU is if you become a citizen of an EU or EEA country.

V13
Indlæg: 8
Tilmeldt: 17.01.2021 21:14:54

Re: 5 year EU rule and divorce

Indlæg af V13 » 21.01.2021 17:05:38

Thank you for your answers and clarifications. I appreciate it.

Besvar