Failing to register an adress for a couple of months time. What is the worst case scenario?

[lycian]

Hi,

Thank you for doing a great service. I have been reading the forums for years and found answers to all my questions here until now. Imagine a non EU person living in Denmark for the last 21 months (all this time registered) under EU law through his marriage with a Dane (will be married for 3 years in april 2024 and will get divorced after that). I want to know what can happen to this person (yes, that person is me) if he fails to find a place to register his CPR for a couple of months. Can he be denied permanent residence by Siri after 5 years? Can they say, “sorry we said 5 years of continuous residence and you are lacking 3 months from two years ago” or something like this? I am going to the Studieskolen and the teacher takes attendance two times a week so I can even prove that I am in Denmark through these unregistered few months. Is this guy legally breaking the rules of his residence permit by failing to register or is he just breaking another common law that says everyone has to be registered. I read that this is a grey area and that I might have to pay a fine to the municipality and I am ready to it but I am just scared if this three months lack of registry will reflect badly on my permanent residence at the end. Thank you so much in advance.

[mhg]

Unless your spouse wants your address changed immediately upon applying for divorce, you don't have to - the rule is that you can have up to three months to find somewhere if you first apply for separation, although one of the conditions for a legal separation is that one of you move out. That rule may apply to divorce too, but in fact if you divorce upon a mutual agreement, you just have to agree who gets to keep the home if it is rented, but you do not need to have another home-address, only possibly an address where you can receive paper mail if necessary.

Actually once you are divorced you can (move right back in and) live together as an unmarried couple. That is probably not what either of you want, but it is a legal possibility. So, if your spouse is not desperate to have your address moved, you may wait until you find something suitable to live in, while coach-surfing. There should be a choice of cheap possibilities in April-May, before the rush-in of new students begin.

[lycian]

Hi again
Thanks so much for this quick reply but I guess I just couldn't express my concern well enough. I already live seperate from my wife since one year. I have residence under EU regulations (we had lived in sweden before I got my EU residence from SIRI). I know we can have seperate adresses and we do have seperate adresses already. My question is about the permanent residence rules about having to reside in Denmark for 5 consequtive years. I am registered at an adress for the last 14 months and before that I was registered at an adress with my wife. I have always been registered at an adress since I live in Denmark (21 months) . Now I have to move out in december and it is possible that I might not find a place to register for two months or so because of financial reasons. I have a residence card until and 2027 and next april (2024) we will be divorced after fulfilling the three years marriage requirement. What I am asking specifically is that if I fail to register lets say these coming two months (2023 december and 2024 january) will that present a problem when I apply for permanent residence in 2027. Can SIRI refuse my PR application claiming that I have a two three months of gap in my 5 year compulsary consequtive residence in Denmark rest assured that I fulfill all other requrements like work and language? I can even prove that I am in Denmark in these months because I am going to the language school and the teacher is taking attendance every week. I hope I could express myself this time.

[mhg]

I will strongly recommend that you find a place where you can register yourself. Otherwise the municipality may declare you as having disappeared, which will most certainly lead to problems.

It is possible to be registered on a boat or at a camping place, mainly if the boat or caravan/mobile home is staying in the same place most of the time. A tent is NOT sufficient. Remember that a single room in a house sharing group also can be sufficient. Ask friends and acquaintances, preferably those who are not dependant on getting housing allowances, if you may register with them temporarily, but be aware that they can remove you at will, so be sure that you stay on their good side.