Understand the change of practice of October 2022

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Kim P. Nyberg
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Understand the change of practice of October 2022

Indlæg af Kim P. Nyberg » 26.10.2022 10:31:40

Understandably, the practice change announced on Friday 14 October 2022 has created both massive joy and a lot of questions.

The change in practice is due to a decision in two Spanish cases at the European Union Court of Justice. The two cases have been combined into a joint judgment. Although the cases are very different, there are some things that repeat themselves in both of them: There is a common Spanish child, there is a Spanish parent and there is a parent from a country outside the EU/EEA, and this latter parent is facing deportation.

The staff in the Ministry of Justice and the Ministry of Immigration and Integration have been assessed on the verdict ever since. As mentioned, the result was released to the public on 14 October 2022.

For cases originally decided BEFORE the Chavez-Vilchez judgment came down on May 10, 2017, the following applies:

If you live separately and have done so since the alien was asked to leave the country, you can request a resumption of your case. You do this by sending an email to us@us.dk. The Danish Immigration Service will then assess whether you still meet the requirements or whether you have to start over.

If you still live together, but outside the country, you can also ask for your case to be reopened.

Requesting a retake is always free.

If you live in this country, and the foreigner already has a residence permit, the conditions granted remain unchanged. These couples therefore cannot make use of this change in practice.

For cases that have been decided with a refusal since 10 May 2017, the following applies:

You don't have to do anything. The Immigration Service itself finds your case and assesses it again. Any fee and bank guarantee will be released again if it is assessed that you meet the requirements of the practice change.

For new cases to be decided by the Danish Immigration Service from and including 14 October 2022, the following applies:

It will be managed as an exceptional rule. It means, that the Immigration Service will first determine the case according to the ordinary Danish rules (including the integration requirement, housing requirement, self sufficiency requirement etc.). Only if the case handler can see, that there is something you cannot fullfill, the case will be assessed according to the new change of practise.

IF YOU CAN SAY YES TO THE FOLLOWING:

- You have a common child who has Danish citizenship

- You parents consist of a Dane and a foreigner

- Your relationship has been long-lasting (You don't have to be married)

- You have lived together at a fixed, common address since the child was born

- Both of you contribute on equal terms with the child's upbringing and raise, both emotionally, socially and financially

Then you can get family reunification in Denmark completely outside the normal conditions of the Aliens Act. This applies regardless of where the child was born and it applies regardless of where in the world you live.

This means that the integration requirements, the housing requirement, the self-sufficiency requirement, the bank guarantee, application fees, the 24-year rule and so on will not be asked of you. There is also no longer any requirement for the child's independent attachment to Denmark.

If your foreign spouse has special children from home, they are also protected by this change in practice until they turn 18.

The complete exemption from the rules of the Aliens Act thus applies from the birth of the joint child until the child turns 18. If there are several joint children with Danish citizenship, the change in practice applies until the youngest child turns 18. After that, the immigration law catches up with you again, unfortunately.

Regardless of the above:

If you have been granted a residence permit BEFORE the joint child is born, you cannot change to the conditions in this practice change. This applies regardless of whether the child is born before or after 14 October 2022.

Last edited on 5. November 2022 at 07.50 am
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Kim P. Nyberg
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Re: Understand the change of practice of October 2022

Indlæg af Kim P. Nyberg » 06.11.2022 08:56:42

This post is edited this morning with new informations.
Seniorrådgiver i Ægteskab Uden Grænser

Kim P. Nyberg
Indlæg: 2961
Tilmeldt: 02.02.2009 11:41:42
Geografisk sted: Herning
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Re: Understand the change of practice of October 2022

Indlæg af Kim P. Nyberg » 08.05.2023 09:56:28

Since I released the above mentioned information, new things has come about:

If you have family reunification according to the Alien's Act (Udlændingeloven) section 9, subsection 1, number 1, and you have got a new common child since your last renewal of your permit, you can inform the Immigration Service about the good family news. Then, when it is time for the next renewal of your permit, Immigration Service will send you an information letter, where they give you the option between remaining on the rules, that applies to you now, or if you want to swob to the practise change's permit.

The first permit will be for 2 years, and every renewal will be for 4 years each.

By now, it takes approx. 2 months for the Immigration Service to assess an application. The application form has no. AO1 and you can find it on www.newtodenmark.dk.

You still have access to permanent residence, when all the requirements for that is met. The rules for permanent residence permit has not been changed since 2018.
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