Extended Family - Visa-

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Jesper&Anna
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Tilmeldt: 17.02.2013 19:59:28

Extended Family - Visa-

Indlæg af Jesper&Anna » 01.12.2021 08:25:59

Dear All,

First let me say thank you for helping me out in here.

I am Non EU holding Permanent Residence under EU rules.
I have a regular Job for the last 6 years up to now.
My husband is a Dane. We dont have kids together.
Now, here is my inquiry, I have a Nephew in my home country
Age 10 and since day 1, I am the one who provided for his needs.
The parents are out of the picture.

My question is, Is there any chance of possibility that
I can apply a family reunification for him? My Nephew.
My parents who is the one taken care of him are old now.
And I really love the idea to bring him here with me in Denmark.

I am writting this, just to get an idea where should I start.
I really appreciate your info. ❤️❤️❤️❤️

Thanks,
Anna

mh1
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Tilmeldt: 25.09.2007 11:20:33
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Re: Extended Family - Visa-

Indlæg af mh1 » 01.12.2021 13:11:52

I would think not, since your residence basis is as spouse/family member to an EU-citizen.

I am, however, not sure whether it is also the case once you have permanent residence right (if you have that). I will try to find out more about that.
mh
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mh1
Indlæg: 10609
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Extended Family - Visa-

Indlæg af mh1 » 01.12.2021 19:21:02

I have found a case that has several similarities to yours, and there may be a chance if you apply according to Danish rules, but you need to consult a lawyer with expertise in family reunion:

https://udln.dk/da/Praksis/Familiesamme ... en_familie
"The Immigration Appeals Board's decision of 15 September 2015 - Family reunification, others - Adoption and other family
Date: 15-09-2015
In September 2015, the Immigration Appeals Board reversed the Danish Immigration Service's decision to refuse a residence permit pursuant to section 9 (1) of the Aliens Act. 1, No. 3, to a Mozambican national who had applied for family reunification with reference to his resident aunt. The resident aunt was granted a residence permit in Denmark in April 1997 as a family reunified.

After a specific and individual assessment of the overall circumstances of the case, the Immigration Board found that the applicant should not be refused a residence permit on the grounds that there were no special reasons why the applicant could not be granted a residence permit in Denmark, cf. 1, no. 3. The Immigration Board emphasized that the applicant's parents had passed away in 2008 and 2009, respectively, that the applicant had lived with his grandmother and grandfather, that the grandfather had passed away, that the grandmother was now too ill to take care of the applicant, that the resident aunt had custody of the applicant, and that the resident aunt, according to the information after the parents' death, had sent money to the applicant every month to cover expenses for, among other things, school, transport and uniform. The Immigration Board also attached great importance to the fact that the resident aunt had been in Mozambique in the period from December 2013 to January 2014, that the resident aunt again from July 2014 to January 2015 had been in Mozambique to be with the applicant, that the resident aunt had continued to take care of the applicant during her stay in Mozambique, and that since January 2015 she had taken care of the applicant in Denmark, where they had both entered at the same time. On this basis, the Immigration Appeals Board found that there were special reasons for the applicant to be able to stay with his resident aunt as his closest relative, cf. section 9 (1) of the Aliens Act. 1, no. 3, if the other conditions for a residence permit pursuant to the Aliens Act, section 9, subsection 1, no. 3, had to be fulfilled. FAM / 2015/163."
mh
Rådgiver for ÆUG

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