My Danish husband and I are considering separating, and I'm trying to get a general sense of how likely I am to be able to stay here in DK if we do.
I'm American, in DK on a family reunification visa via my marriage. I understand that if we separate, my residency permit is likely to be revoked—but that they will first ask if there's any reason they should extend it. If I understand correctly, the only thing that will convince them to rule in my favor (of extending my residency) is if they feel I would be harmed by having to leave DK, and/or have sufficient connection to stay here. (Is this correct?)
I realize they rule on these things on a case-by-case basis, with no hard and fast rules. But I'm wondering if it even *sounds* like I'd have a good chance of being allowed to stay: I've been living in DK for almost 2 years, I speak Danish fluently and have passed PD3, I'm a member of a forening, I spent at least 2 weeks (often 3 or 4) of every year in Denmark for 15 years before moving here and I can prove it, and I'm very close to my husband's parents and the rest of his side of the family--including kids and teens who I've known since birth (nieces and cousins). My parents in the US are deceased.
I'm a self-employed consultant, so I don't have an actual employer in DK and most of my clients are in the US, but I work full-time and pay taxes here like anyone else. I also have a CVR number here that I use for Danish clients.
Does anyone have any idea of whether this is enough connection to DK to make my chances of being able to stay decent? I know that nobody can say for sure, but I'd love to have *some* idea of whether I *could* possibly be allowed to stay.... Thanks in advance for any insight!
Sufficient connection to Denmark?
Re: Sufficient connection to Denmark?
I think your chances are slim. If you were from a third world country like Afghanistan, they would be slightly better, and if you had a child that you were raising and would continue to raise together, they would be good, as you would be able to apply for residence based on the relation with the child.
mhg
Juniorrådgiver for ÆUG
Juniorrådgiver for ÆUG
Re: Sufficient connection to Denmark?
MHG, here's a belated thanks for your reply here last summer.
For anyone else who might have some insight as well: I understand that being from a war-torn country or having a Danish child would help, and neither of these apply to me. So, no points for me there.
But I'm wondering if (given my circumstances mentioned in my earlier post here) whether Udlændingestyrelsen might take into consideration some of my other circumstances, given what it says they consider:
- Your attachment to Danish society, including how long you have been in Denmark (a little over 3 years, including a total year of visits before moving here)
- The attachment to persons who live in Denmark (many, incl. ex-family and friends)
- Consequences for your close family members living here (my teenage nieces will be very sad)
- Lack of or little attachment to the home country (parents and other close family dead except for a brother, no home or employer there)
Do they really only take into consideration life or death matters, and kids? I know every case is different, but I'm just wondering about trends. Does anyone else ever get to stay in DK based on their connection to it?
Thanks for any insight.
For anyone else who might have some insight as well: I understand that being from a war-torn country or having a Danish child would help, and neither of these apply to me. So, no points for me there.
But I'm wondering if (given my circumstances mentioned in my earlier post here) whether Udlændingestyrelsen might take into consideration some of my other circumstances, given what it says they consider:
- Your attachment to Danish society, including how long you have been in Denmark (a little over 3 years, including a total year of visits before moving here)
- The attachment to persons who live in Denmark (many, incl. ex-family and friends)
- Consequences for your close family members living here (my teenage nieces will be very sad)
- Lack of or little attachment to the home country (parents and other close family dead except for a brother, no home or employer there)
Do they really only take into consideration life or death matters, and kids? I know every case is different, but I'm just wondering about trends. Does anyone else ever get to stay in DK based on their connection to it?
Thanks for any insight.
Re: Sufficient connection to Denmark?
Sorry to answer late:
The reasons you mention are not very weighty, almost three years is not much of your personal lifetime, consequences for your family members means something like them being left without a provider and/or caregiver. Your family and friends connection will in itself not suffice as a reason, especially since today connections can easily be maintained by video calls and chats
You may have a chance to keep your residence permit on basis of being actively engaged in the community and having done your best to learn Danish AND being self supporting. Considering decisions about revoking residence permits for children and young people who have spent 9/10th of their life in DK (but of course are too young to be working yet), I am not very hopeful on your behalf.
The reasons you mention are not very weighty, almost three years is not much of your personal lifetime, consequences for your family members means something like them being left without a provider and/or caregiver. Your family and friends connection will in itself not suffice as a reason, especially since today connections can easily be maintained by video calls and chats
You may have a chance to keep your residence permit on basis of being actively engaged in the community and having done your best to learn Danish AND being self supporting. Considering decisions about revoking residence permits for children and young people who have spent 9/10th of their life in DK (but of course are too young to be working yet), I am not very hopeful on your behalf.
mhg
Juniorrådgiver for ÆUG
Juniorrådgiver for ÆUG