Ægteskabudengrænser.dk

I have been in DK for 2 years and have an EU residence card (acc. to EU-opholdsbekendtgørelsen) as I am married to a Dane. Currently I am studying for a master at CBS (2 semesters left).
My husband has been offered a job (2 year contract) outside the EU that seems very attractive. However, we are a bit uncertain how this will affect my EU residence card.
We would like for me to finish my studies. So, for example, he moves and I stay until I have finished 1 more semester (december/January). Then I will join him. If I tell the authorities, I will loose the residence card and If I opt to still have an address in DK I can live up to 12 months without any problem. Can I get a dispensation for leaving DK and not loosing my residence permit?
Will I automatically loose my residence card if my husband moves from Denmark? (due to tax reasons)
Any help on this would be much appreciated!


Kind Regards
troels6420

I am afraid, that there are no chances for you to stay legally in Denmark, if your husband is going to have such an extended leave, and in particular if he is going to work for a foreign employer and not his current danish employer.

This is because your residence card is given solely for the purpose of securing the right of your husband to have a normal familly life. And if he is not here in Denmark, then there is also no reason for you to be here, in order for the two of you to have a normal family life.

You might however apply for an independent study permit, if you want to finish your study at CBS even in the absence of your husband. You will be required to pay a study fee, and you will have no right to receive student grants (SU).

Also please note that if you finish your study, before your husband return, you will have only 6 month (at present rules, these might change) to find a qualified job in Denmark, if you wish to maintain your residence permit.

And if you leave Danmark to join your husband, you will be set back to zero and will need to apply for a new residence permit after national danish rules, as EU-rules will no longer apply to your situation. That is unless you reside for a period of time in another EU-country than Denmark, as you have presumably done one time already.

A national danish residence permit can, in this situation, either be work related (eg. a greencard), or it can be based on your marriage socalled "family reunification", where a long list of requirements apply.

I think that you may be entitled to 'equal right treatment' according to Danish rules, since you have been living in DK for 2 years, and presumably married also for 2 years?

Which means (if I am right) that you may receive SU-scholarship and study free of charge.
You may read the info here: http://www.su.dk/English/Sider/equalsta ... rules.aspx

Then the only remaining problem is to get a residence permit for the period you mention, but I think it should be a small problem.

Thank you for your answers!
@ mh: I have been using the EU rules and not the Danish ones, thus have been receiving an SU since I started my master's programme!
@ fundiver199:
1) do you think, it is possible to keep my residence permit, if we keep the appartment in Denmark and my husband will pay some kind of tax here, therefore not moving away completely(at least until I finish my studies)? if that is possible, do you know, how much in taxes should he be paying?
2) In case of loosing the residence card and coming back to Denmark, will I not have any exemptions or a better procedure for getting a new one, if I have previously studied in a Danish university and speak Danish fluently after having completed PD3 with 12s plus having had a studentjob here? and if I have Danish children?

What I meant was that if you choose to stay, you may be entitled to CONTINUE to receive SU, even though your husband 'deserts' you (which you may not be, if you don't apply for the equal treatment BEFORE he leaves).

Your husband is required to either ask for dispensation to keep his residence before moving, or report himself as having emigrated from DK after 6 months. There are different rules depending on who his employer is/what kind of work he has.

The thing is, that if he is resident in DK his income may be fully taxable in DK - as well as in the other country, depending on which country it is. Some countries have an agreement on tax with DK, so that you only pay once, others don't It is impossible to tell you how much it would be, since it depends on how much he earns and where. He should go to the tax authorities and ask how the rules are for him specifically.

1) I am very sceptical about that, I have to say. But it might depend on, what kind of job, your husband is going to have, ie. if it is for a danish or foreign company. You will have to talk to Udlændingeservice about this, before he leave. In short I would expect, that there would have to be a very important reason, why your husband need to have this job, and that it might also be in the interest of the danish society, that he go abroad for 2 years. Like if he work for the government etc. But it is an individual assessment from case to case, so it is really difficult to judge without having all relevant information.

2) The things, that you mention, will help you to fullfill the "points requirement" in the national danish rules for family reunification, and you can be excepted from taking part in the integration programme, if you have already completed it. You can also be exepted from the immigration test, if you have already lived in Denmark for 5 years. But other than these things, the answer is no. Your husband will for instance still be required to deposit a bond of 100.000 DKK and to have a suitable apartment or house etc.