Ægteskabudengrænser.dk

Hi marriage without borders,

I have 2 doubts about how Danish rules and EU rules work when I want to apply for SU to enroll in a Master program at a danish university after seeking Family Reunification.

I have read the information in your website (http://www.aegteskabudengraenser.dk/jeg ... ammenfores in the part about Arguments Against Seeking Residence Card Under EU Rules ),regarding this issue, and I quote the specific paragraph in danish “Ved opholdstilladelse efter Udlændingelovens §9 har din ægtefælle/partner ret til SU under uddannelse, uanset om du arbejder eller ej og uanset, hvor længe I har boet i Danmark.”
From this, me and my danish husband understand that Danish Law has an advantage over EU Law. However, I found different information in http://www.su.dk/English/Sider/equalsta ... rules.aspx, I quote it in English “You can be given equal status if you have lived continuously in Denmark for at least two years immediately prior to the time of application and have at the same time been married to or lived with a Danish citizen as your registered partner for at least two years. It is a condition that you are still married or living in a registered partnership at the time of application”. They also say this is the rule under section 2, subsection 2 or 3 in the Danish Act on the Integration of Foreigners in Denmark (the Danish Integration Act) and I’m wondering whether the source of the rule is the reason for the difference in information, since you in your website mention the Danish Immigration Act § 9. How can I be sure that I will have the right to receive SU and be able to study in Denmark? --- This is one of my doubts.

The 2nd doubt has to do with the rules to be granted SU under EU rules and the requirement of “a genuine and effective residence”. Once again in SU website (http://www.su.dk/SU/betingelser/udenlan ... /Gift.aspx) I quote in danish “Din ægtefælle eller partner med dansk statsborgerskab kan som udgangspunkt opfylde kravet om "et reelt og faktisk ophold" ved for eksempel at have haft et længerevarende ophold i en lejebolig (med en tidsubegrænset lejekontrakt) eller i en bolig, som han eller hun har købt i et andet EU-land, EØS-land eller Schweiz. Kravet er derimod ikke opfyldt, hvis din partner kun har haft fremlejet et værelse eller har været tilflyttet en c/o-adresse hos slægtninge eller bekendte for en kortvarig periode.” We just want a confirmation from you, that what they say is really the way to go since we understood we could, for example: rent a flat in Malmö with a time limited contract in my husbands name from a person who is going away for 4 months and present that as evidence.

Dear Onita

There are no less than 3 different ways in which you can qualify for danish SU

1) Residing legally in Danmark and being married to a danish citizen for 2 years regardsless of the legal foundation of your stay in Denmark. This could for instance be a study permit or a work permit or EU-rules, if your husband is also a student himself.

2) Obtaining a residence permit as your husbands spouse after danish rules socalled "family reunifiation". The rules for obtaining such a residence permit will be simplified soon as some of the many demands will be scrapped and others lowered. This is because Denmark got a new government last month.

3) Obtaining the right to residence after EU-rules as your husbands spouse. This require that you and your husband live in another EU-country than Denmark for a while, and that your husband move back to Denmark with the main purpose of working. The method is not possible, if your husband is eg. a student or a retired person. In that case you still have the right to residence after EU-rules, but not to SU. This is to avoid abuse of the system by citizens from other EU-countries, who have no ties with Denmark and who do not contribute to the economy by working and paying tax, and who would then perhaps leave Denmark again as soon as they have finished their study.

Dear fundiver199,

Let me see if I understand what you are saying.
1) The information SU has in their webpage under Equal Status According to Danish Rules (http://www.su.dk/English/Sider/equalsta ... rules.aspx) would be the option 1 you mention?

2) And then option 2 you mention gives me the right to apply to SU regardless of how low long my husband and I have lived in Denmark and whether he has worked or not?

3) I understand that under EU rules my husband needs to work in Denmark upon our return. But in order for me to qualify for SU under EU rules and regarding the genuine and effective residence requirement, SU website says we should have a perpetual contract for a flat and I would like to know what does perpetual really mean?
For example: Would a 1 year contract be enough prove? and on the opposite side a 4 month-contract wouldn’t?

Thanks a lot for your time and answers.

1) Yes

2) Yes

3) It is not the caracter of your flat in itself, that is the determining factor. The determining factor is, that your husmand should have "moved" to another EU-country and have had the "centre of the interests of his life" there. It is basically the same kind of evaluation, which is carried out in tax cases, when it should be determined, if a person has a duty to pay taxes in, say, Denmark or a tax haven like Monaco.

In such a case it is not enough, that a person has rented a flat in Monaco - he must also be able to prove, that he actually "live" in Monaco. There are however numerous ways to do that. And the guidance text, you refer to, basically say, that if he have bought a house in Monaco (and does not own any property in Denmark), the authorities will believe in his word, that he live in Monaco, and will not investigate the matter any further. However if he have only rented a furnished flat for a short period of time, he will be required to present evidence, that he actually "lived" in Monaco and not in Denmark, if he want to avoid any payment of taxes in Denmark.

Any kind of legal apartment or house is in principle ok, but your husband need to prove, that he "lived" in Sweden and was not only visiting there, and of course also, that he did not have a fake adress. Examples of what would not fulfill the requirements might be:

1) During the skeeing season, your husband rent a furnished flat for 3 month in the italian alps. During that time he rent out his danish apartment and live from his savings. He then move back to his danish apartment again. This would be considered a vacation in Austria and not "moving" there.

2) Your husband rent a flat in Sweden and move his adress there. However electricity bills show, that almost no electricity was consumed in the swedish apartment, while he claim to have lived there. This would be considered a strong indication, that your husband had a fake adress.

Hi again!

More questions on SU, I need you to confirm whether what the SU office in Dk says is true.
The thing is I want to study a Master programme in Lund but want to know if I can get danish SU to do so.

I've read on the SU's website regarding equal status being married to a dane.
http://www.su.dk/SU/betingelser/udenlan ... fault.aspx
"Er du ligestillet efter de danske regler, kan du ikke få SU med til
en uddannelse i udlandet."

So, I am not allowed to receive Danish SU studying abroad (In Sweden),
if I have received family reunification through Danish Law, even if
my husband is a worktaker and pay danish Tax.

Is this right?
And would it change if I have a job and is paying tax in Dk?
We know we could also just stay and live in Sweden while I study, that way I don't pay tuition fees and get Swedish SU, and get a permanent residence after two years! But we would like to go back to Dk as soon as possible .

Thanks for your time again.

I think you can rely 100% on that information. It would indeed be extremely generous of DK if they would give foreign students scholarships to study in other countries than DK. Most countries do not even give their own people scholarships just like that, only loans.

Hi mh,
Thanks for your answer! we are narrowing down our options for me to be able to study. I'm applying for a scholarship from the Swedish government. But we are afraid that since I have a residence card in Sweden now, I won't qualify for the scholarship anymore. Plus, when we decided to move to Sweden we didn't plan on staying so I could study the program I have chosen (before marrying my husband). I haven't found a similar program in Dk but it is in the university of Esbjerg.
Now, it looks like we have to consider living in Sweden after all.

Onita

Hi,

I have a similar case which I hope you can help with. I am a New Zealand Citizen and my Husband is a German Citizen with Permanent/Unlimited Danish Residency as he has been in denmark since he was 10, 16 years in total.

I have now started Studying and have been rejected for 1) SU, which of course impacts on travel costs as the 2) Udannelseskort is only available to Students receiving SU, meaning my monthly travle costs rise from ca.550dkk to 2,200dkk with a wildcard. Which we are slightly confused about.

1) My husband worked full time in Denmark for 4+ years before moving to London for 4 months to live with me. Upon return to Denmark he started University, though worked on the side with a minimum of 10 hours a week.

My question is as he has unlimited/permanent residency would his entering the contry for the first time and thus his status not be determined by when he came as a child?as he has also been told he did not lose his permanent residency status by leaving for 4 months?

2) The lack of access to the udannelseskort for travel available to full time students, seems to go against the following extract from the guide for free movement:

http://ec.europa.eu/justice/policies/ci ... nt_low.pdf


"Equal treatment
The most important of these rights is the right to equal treatment. Article 18 of the Treaty
on the Functioning of the European Union stipulates that, within the scope of application
of EU law and without affecting any special provisions, any discrimination on grounds of
nationality is prohibited. The Directive extends this right to family members, which means that EU citizens and their family members residing in the territory of the host EU country enjoy equal treatment with the nationals of that EU country within the scope of the Treaty."

"Thanks to the principle of equal treatment you are entitled to most advantages and
benefits (including notably all the social and tax advantages) that are granted by the host
EU country to its own nationals. For example: Subsidised travel fare If the host EU country provides subsidised travel passes, e.g. for its pensioners or big families, then you are entitled to them as well if you meet the conditions."

3) My other question is how closely do EU countries need to follow precedent set by rulings in cases from other countries?

4) Also has anyone ever been in the same situation and what did you do?

Dear Kaiparak

I think the danish interpretation is, that it is you, who must have permanent EU-residence right to receive SU (or be married to a worker), and not your husband. ÆUG know of at least one similar case. So in short the danish interpretation is, that your husband can get SU, becuase he already have permanent residence right in Denmark (having stayed here for 5 years), but not you, since you have only just arrived.

I think the fastest and most sure solution will be to apply for family reunification after danish national rules, which is possible, if your german husband has had permanent residenceship for at least 3 years.