Ægteskabudengrænser.dk

Hi. I have come across this forum and i seriously find it very helpful.
Now lets cut down to the chase here, coz im running out of time.

I am a Filipina, been living here since April 2008, first had an aupair job for about 2 years, then switched to studying after my contract. I did the foundation course in Copenhagen University College of Engineering, first in August 2010, but failed to finish it after failing the Math exam last January 2011, due to some health problems. I then re-applied for the same course, was accepted by the school and passed an application form for the student and working visa,(June 2011), together with an attachment from my Study Adviser stating the reasons why I wasnt able to pass the exam. The immigration service allowed me to attend school while waiting for their response, and so I did. I started school August 2011, recently passed the Math exam that I didnt last year of foundation course and still was planning to continue until today. It took them like 7 months to finally give me an answer, only to find out that they rejected it, based on the ground of: "i cannot do the foundation course again, since I already did it." So, they didnt give me the second try, considering that I had a solid reason why I should have been given the chance to do the same course again. I wasted time, energy, and money for like 4 months. I couldnt work or anything since they wouldnt allow me, so my boyfriend has been the one to support me financially. But never mind that. It just sucks and Im already over it.

Thing is, since they rejected my application, they then gave me until the 5th of February (next month already stamped on my passport) to stay here in Denmark. And both my boyfriend and I felt devastated after learning that, (it was his birthday yesterday, when we received the bad news). So its kind of a bummer, both our minds were somewhere else during the birthday party.

Anyways, we are now collecting ideas on ways to keep us together here. We started by talking to my Study Adviser and asked for his help in filing an appeal, but he said that even if he wanted to help, he couldnt do anything since the decision has been made and it seemed to him that it cannot be changed. So the study thing wont work anymore, eventhough for me, its more of a matter of principle were talking here. But yeah, blame it to the ****ty rules they have!

My boyfriend and I have been together since January 2010, but started living together in August 2010. So Its almost like 17 months by now.

I already have read a lot of stuff about family reunification thingie. And it strongly says there that the partners should have been living together for at least 18 months, before they could apply for a permanent/temporary residence permit for cohabiting partners, Which is a big pain in my ass since we're only a month away from that.

So, Ive been here for almost 4 years, and been living with my danish boyfriend for about 17 months. I dont speak much Danish and didnt have any normal full time job, (aside from aupairing which i think doesnt even count as a "job", before becoming a student who is only allowed to work 10-15 hours a week). Those are just some of the things that i heard are necessary to meet the requirements in applying for the family reunification thingie.

How possible is it for us to apply anways, considering these facts?

Can anybody please tell us where we should start fixing this messy situation, without us being apart at the time being? I have until February 5 (next month) to stay and both my boyfriend and I wouldnt wanna waste anymore time and are now taking immediate actions.

I seriously dont wanna be apart from him since we're both not used to it. When he went for skiing in Austria last year, it was a total heartbreaker for the both of us (it was only 3 days but we felt like it was 3 years). We're not used to not seeing each other everyday. Thats how much we actually love each other. It may sound a bit pathetic for some, but yeah, Oh God, I love the guy!

Anyways, some people may advise us to get married. As much as i wanna consider it, I am strongly against marriage, (principle wise). If there's another way to keep us together, then as far as I am concerned, marriage is off the table.

My strong ties to Denmark is undeniable since I have made a lot of good danish friends during the last 3 years. They actually outnumbered my filipina friends back home.
I love living here, despite the fact that Ive been struggling to stay, for same same and same reason- love.

Pls tell me about the possibilities. That would highly be appreciated!

Thanks,
JAY&MOrten

First the rules for having a paperless relationship recognized as "marriage-like" and therefore a foundation for a residence permit are not that square. It is not like 17 month = rejection and 18 month = approval. So you might try to apply for family reunication on basis of your relationship.

However since your residence permit in Denmark has expired a long time ago and you now only have a "processual stay", while you application for extension was being handled, you can not apply in Denmark. You need to go back to the Philippines and either apply there or apply later, when you can enter Denmark legally on a visa for up to 90 days. Which is possible, when you have been out of Schengen for 3 month.

So to cut down to the chase, there is no possibility for you to stay in Denmark after 5. february. You need to leave the country and go somewhere else. If you go back to the Philippines, you will of course no longer be living with your boyfriend. So I suppose, that if you want to apply for "family reunification" without being married, it is best to do so straight after your return.

I don`t know if you can fullfill all the current requirements, but you can read about them (in danish) under "jeg vil.... familiesammenføres". Unfortunatly an english translation is not yet available.

Less stricht rules should be implemented later this year, and you might want to wait for those. But I can not assure you, if your 17-18 month living with your boyfriend will still be able to substitute for a marriage, if you have already moved apart, because you are back in the Philippines and he is here.

The much more safe and sure solution is to get married. And I can´t help smiling a bit, that a filipina is against marriage for principle reason. Thats really funny, if you don`t mind me saying so (I am married to a filipina myself)

However if you are really serious about that, and if family reunification is not possible in Denmark becuase of your attitude, Sweden do have a less stricht interpretation of, when a relationship is serious enough to result in a residence permit.

So you might try and persuade your boyfriend to move there, and then apply in Sweden instead of Denmark. The processing time in Sweden is however rather long, maybe as much as 7-9 month, and you are not allowed to visit there, while your application is being handled. So you will be limited to seeing each other in the Philippines or some other place outside Schengen. You can read about moving to Sweden under "jeg vil.... flytte til Sverige/EU-land".

If you can pursuade your boyfriend to move to Sweden before february 5, you might also be able to take advantage of the more liberal EU-rules and move straight with him without going back to the Philippines. That is under the assumption, that Sweden will then recognize your then almost 18 month of staying together to being equal to a marriage. When using EU-rules in Sweden, the interpretation is pretty similar to the danish one.

You will need to enter Sweden illegally, because your residence permit has expired a long time ago. But this is not really a serious problem, and many danish-foreing cupples have used this "route of espace" and fled to Sweden in similar situations before. That is after having applications rejected in Denmark and having only a "processual stay". The important point here is, that while it is illegal to enter Sweden without a valid visa or residence permit, it does not effect the right to residence under EU-rules. So the consequence can be no worse than a fine or similar punishment, and usually swedish authorities doesn`t bother to make a big fuss out of formalities like this.

So to sum it up "the swedish solution" is your only chance of avoiding to go back to the Philippines for a while, and time is running out fast for that also, since your boyfriend need to move before february 5.

Hi. thanks for the very informative reply.


I have been thinking about everything u said.
The family reunification thingie wouldnt be applicable for my current situation, I realized.
U may be right about marriage as the safest and sure way of them all.

We believe in somethin for many years, but there will come a time when we stop believing. And thats how i experienced about that matter. But anyways, yeah. I may have to go against my principle if necessary.

Can u tell me more about how this marrying thingie works? Do u think its possible for us to get married in such little time we have? What's the very first thing to do, say tomorrow if we go with this option?

Hello to All of you there on ægteskab uden grænser, I find this site very helpful and informative for people just like me who caught up in a very unexpected and sad situation.

I was an aupair last year and worked for an abusive host family. (Long hours of work, No off or medicine when i'm sick and i'm still working on my free day) to cut the story short, I'm not happy that's why I've decided to find a new host family but the thing is the danish immigration didn't approve my visa. They've put a stamp that I must go home and wait for my new visa when I re-apply. I feel so sad about it.

I cannot go back home because, I'm the only one who's helping my family back in my country. I go on living my life here in Denmark like nothing happens.

Suddenly, Last year I met this danish guy who really likes me and we are in love and together for seven months ( me without visa) he is nice that he understands my situation and and supports my needs.

We have heard that our relationship could be legal if we will do the "swedish solution" (moving to sweden and get married there).

The thing is, he is on benefits meaning that he is jobless. And please how the swedish solution works.

Thank you!