Ægteskabudengrænser.dk

Hi!
I have a question about divorce under EU rules. I am here on an EU permit that was granted to me (non-EU) through my marriage with a Danish citizen. Moreover, I have lived in Denmark for four years now, I have completed a masters degree and I currently have a full time job, which makes me self supporting person.
I have also been separated for 1 year now, but I am still married. Just living in a different address. My “husband” and I had discussed to wait with the divorce so I could get my permanent residency. But now, reading the rules I assume that I could get divorced and keep the same grounds for my residency until I have to apply for my permanent next September. Is that true? I talked to a lawyer to get to this information but they are so expensive that I decided to re-check here. Just to add. I meet the conditions of 4 years married and 1 year in Denmark.

1. What kind of requirements should I meet when getting a divorce so I can stay? It is not so clear to me the value I must have gotten per year to self supporting. And I feel insecure as in my first year here I was only working part time.

2. Will I be notified by SIRI when I get divorced? Just because the lawyer told me maybe yes maybe no. But I am thinking now that I have only one year left for my permanent application. Is it actually worthy to divorce now? I really want to get divorced asap.

3. In case I decide to wait with the divorce until I get my permanent. Will indeed my husbands tax when I submit my papers to SIRI? Or am I able to apply for myself even though we would still be married?

4. We did not have a pre nup agreement. He has a debt and I also do but it is not overdue. We had agreed before that I would help him to pay for his debt. But my lawyer told me that actually I don’t have to, considering that the debt is on his name and I should also have the right to add my debt on the plate. Moreover I didn’t know about that, because my ex told me before that if we got a divorce my residency would be revoked. So I have been thinking this whole time that I should pay his debt so doesn’t get angry and divorce. But the lawyer I talked to said that I actually don’t have to. The only issue is that we wrote on messages to my husband and I said how much I would transfer per month. In case we divorce can he get back at me to pay his debt when he is not paying mine?

Thank you!

No, you do not have to meet the requirement of being married. Since you have a job, you may finalise the divorce now without consequences.

https://www.nyidanmark.dk/en-GB/Applyin ... n/EU%20TUB

"During the entirety of the five consecutive years, you must have met the conditions for at least one type of grounds for residence according to the EU rules.

It does not matter whether you met the conditions for the same type of grounds for residence during the entire period.

As an EU citizen, you may therefore have had several different types of grounds for residence during the five-year period, either consecutively or simultaneously. These may have been independent grounds for residence, as, for example, a worker or student, or derived to you as the family member to another EU citizen.

As a third-country national, your grounds for residence will normally have been as a family member to an EU citizen."

The EU-residence rules:
"Right of third-country nationals to continue residing
It follows from the EU Residence Order, section 15, subsection 2, that a third-country national who has the right to reside in this country as a family member according to § 8, para. 1, or §§ 9-11, does not lose the right to reside in the event of the divorce of the main person and his or her spouse or termination of the marriage by annulment if:
 the marriage at the beginning of the procedure for divorce or annulment has lasted for at least 3 years, of which at least 1 year in this country, cf. 2, No. 1, ....

Right of residence retained in accordance with the EU Residence Order, section 15, subsection 2, after the divorce or termination of the marriage by annulment is conditional on the third-country national being a worker or self-employed person, or that the person in question has such income or means of subsistence, that the person does not fall public burden and that the person concerned takes out a health insurance that covers the period until the person in question obtains the right to benefits under the Health Act, or that the person in question is a family member of a person who meets these requirements, cf. However, if the requirement is not met, the applicant may have a continued right of residence. Reference is made to pkt. 7.4."

In case you would not continue to meet the conditions (you do now) the authorities will have to decide if you may retain your residence in spite of this, and in this decision they must consider the following:
"the foreigner's connection to Danish society,
2. the age, state of health and other personal circumstances of the foreigner,
3. the foreigner's connection to the persons residing here,
4. the consequences of the expulsion for the foreigner's close family members living here, including in relation to the consideration for the unity of the family,
5. the foreigner's lack of or little connection to the home country or other countries where the foreigner can be expected to reside, and
6. the risk that the foreigner outside the in § 7, para. 1 and 2, or § 8, para. 1 and 2 (of the Aliens Act) cases mentioned will suffer abuse in the home country or other countries where the foreigner can be expected to take up residence."

Thank you for the reply.
Do I need to submit my exes documents to SIRI to prove that I have met the conditions? Or the divorce paper is enough!?

While you have been married, the only condition that both of you have to meet is to have been self sufficient and not recieved any monetary benefits under the 'Aktivlov'. From what you tell me that is not the case. If you got the 'SU' while you were studying, it is fine, no problem.

IF you go to this link you will find info in English about what you need to submit:
https://www.nyidanmark.dk/en-GB/Applyin ... anyouapply

You will find link to this page (Danish + English) where you should log in with your nemID or the new that I just now forget what is called:
https://blanket.nyidanmark.dk/xform/for ... .form.aspx

On it you will see that you need to submit 1) a declaration that you have fulfilled the conditions, and 2) one stating that your marriage was not a sham, plus info about what else they want from you.

Also they are telling you that you will need about half an hour to complete the application - I guess AFTER you have read what documentation you need and found and copied/scanned it.

When you do get divorced, SIRI will be informed by Familieretshuset, so you don't have to, except as a courtesy. Since we are at the end of the year I guess you may not be able to apply for divorce before 1st of January, which means that for 2021 things will not change tax wise. If your husband has been benefitting from your tax deductions, you should make sure that you get them for yourself as soon as you hand in the divorce application, it doesn't happen automatically.

A debt that is only in one person's name is that person's debt all to themselves. You do not have to pay any debt that is not in your name, and it sounds like your husband has not been honest with you, so in my opinion you do not owe him to stick to the agreement he threatened you into. Also he does not have even one half legal claim to you supporting him to pay his debt. Should he threaten you with a lawyer, don't worry.

You may have or ASAP take out a home insurance which will most likely have a clause about legal aid, and you state that you are working, but not as what, and may in spite of it qualify for 'free process', that is: getting a free lawyer. If your annual income is 344.000 kr. (for 2021, it will be a little more for 2022) or less, you qualify - when it is about divorce matters, your income is the only condition. Check here for more on that (unfortunately I couldn't find anything in English): https://civilstyrelsen.dk/sagsomraader/ ... etingelser

Hi.
Thank you for your reply.
How do I make sure I get my tax back?

Mostly SKAT (tax office) will pay back excess tax automatically sometime between 1st of March and 1. of September. When you get your annual tax return, most likely sometime in March or April it will show whether you are due some, and most likely it will by then already be in your account.

Check your annual tax return before contacting them, they will not yet know whether you are due any payback.

Hey. Thank you for the reply.
I have submitted my divorce but I haven’t received any confirmation that it’s finalized. Will I be notified when my ex sign it? Or only when it’s finalized?
I also want to know if I can travel and come back using my EU family reunification residence card?

You will receive the divorce documents once they have been issued.

Yes, you can use your EU-residence card for shorter travels.

Hi. Thank you again.
I have another question. I received my divorce papers now.
In September I’ll complete five years here. My question is if I can already start my application for my permanent residence now or if should wait for September?
Thank you

No, you cannot apply yet. You have to wait until one month before you have completed your 5 years (unless your current card expires before that):
https://www.nyidanmark.dk/en-GB/Applyin ... n/EU%20TUB

Hi.

Following up on my question before, I still have a few unclear parts on my head.

Both you and the lawyer that I discussed the divorce with, have told me it is not necessary for me to contact SIRI after receiving divorce confirmation.

My divorce has been finalized on the 24th of January and I haven’t contacted SIRI yet. The lawyer I discussed with in person told me it was not necessary and I could just wait and apply for my permanent when the time comes.

I just would like to double check with you the need I have now to notify SIRI about my status change? And if I do have to, what is the procedure after that?

Another question I have. In case I don’t notify SIRI how does it work for me to travel outside of Denmark and come back?

Would I have issues in the immigration? For example if I want to visit my family outside of EU.

Thanks in advance for your prompt support.

Best regards

Until your current residence card expires, you use it as you have until now. There could be a gap between your application for the permanent card, expiration date on your current, and receipt of the new card.

If you can plan not to go during that gap, it would be easiest, but in case of emergency I think you may apply for a ‘return travel permission’ which is a sticker you get in your passport and functions as a visa that will let you travel as directly as possible from and to Denmark, but not travel freely in all of EU.

https://www.nyidanmark.dk/en-GB/Situati ... y%20permit

What about traveling inside EU? Do I need a re entry permit for that as well?


And. You were not very clear about contacting SIRI about the divorce. Could you please clarify?
Sorry for so many questions.

Thank you very much!

You cannot travel anywhere within the Schengen area once your card has expired.

Well my card is valid until January 2023.

My question is due to the fact my card is based on my marriage (under EU laws) but I am divorced now. I do believe Familiehuset has notified SIRI but I haven’t done that courtesy myself.

My question is if I would have problems to travel at this point.
The gap you talked about before will not exist for me as my card is valid for 1 more year.

So I am asking if I would have issues to travel inside EU at this moment as a divorced self supporting person.

Does it make sense? Thanks again!