Ægteskabudengrænser.dk

Hi, please I need your legal advise. My residence permit will soon expire and I have no possibilities of further renewal. I have a baby for someone who has a permanent residence in Denmark and we live together.
1) Will my baby get a permanent residence due to the fact that his dad has it.?
2) if yes ,is there a possibility I will get a stay due to my baby having a permanent residence?
Thanks

What is your nationality?

What is the reason you say it will not be possible to renew your current residence permit?

What is the nationality of the dad? And which kind of residence permit or residence card does he hold?

I'm a Ghanaian. I'm under the EU family reunification with a Hungarian.he was banned out of Denmark after two years of stay here due to some illegal stuffs.i have a 5years stay and it will expire this november.i have a full time job for 4yrs now and dansk uddannelse 2(languagePD2).we both moved on with our lives but still married.i just applied for a divorce.
my baby's dad is a Ghanaian as well and has permanent residence under a work permit

OK, how many years have you been married? Did you marry in Denmark or were you already married when you moved to Denmark?

We have been married 4yrs 11months now. I was on a two years student visa in Denmark. He was living in cyprus.so we got married in Cyprus while my visa was still valid.then he moved to meet me in denmark.thats when I changed my status to family reunification.

I am afraid that you could be in somewhat of a difficult situation, depending on when your Hungarian husband was expelled from Denmark.

If you had not at that time been married at least three years, and lived at least one year together in Denmark, your EU-residence has lapsed, as in order to keep your residence right you have to be living in the same EU-country as your spouse. In that case you are now an illegal alien. I hope that is not the case.

Otherwise: regardless of your status, yes, your child will be able to get a residence permit based on its father's permanent residence permit. It will not be a permanent permit, but will depend on its parents permit until the child turns 18, where it must apply for its own permit independent of parent's status, except if either you or the father manages to get Danish citizenship while the child is still minor and get Danish citizenship for it too.

IF, and only IF your EU-permit has not lapsed because of your Hungarian husband's expulsion from Denmark, and you are supporting yourself and has been since he left, you can apply for a permanent EU-residence card.

If that is not the case, you are indeed in a difficult situation.

OK, so prior to your husband being expelled from Denmark, you had been living together for 2 years in Denmark? And married for how long?

If you can prove that you had been married at least 3 years prior to his expulsion from Denmark and that you have lived together in Denmark for at least 1 year, then you still have retained your EU residence right and are eligible to apply for a permanent residence card after 5 years in Denmark provided that you are able to support yourself financially.

If that's not the case, I suggest you seek legal advice from a lawyer.

Ok.thanks so much for the detailed reply.i appreciate.
I also want to ask. Since my child can have a stay based in his dad. Does that give me right to a stay?

No, it does not give you a RIGHT, but you may apply for family reunification; depending on whether you can manage to get married to the father of the child, or you will have to apply as a parent there are different rules and conditions.

If you suspect that you may not really have legal residence in DK, I would advise you to get divorced and married quickly, before it comes to the attention of the authorities, if possible. But if you are in fact an illegal alien, you must leave Denmark and apply from abroad. Whether you are illegal or not will not affect the validity of the new marriage (if that is part of the plan).

Ok.thanks very much