Ægteskabudengrænser.dk

Hi,

I've been living in Denmark for almost 3 years now. First year, I was on a working holiday visa and then I was granted stay here under family reunification under the EU rules back in November 2010. I'm married to a dane and we've been married for almost 4 years now. Under the equal status according to EU rules (http://www.su.dk/English/Sider/equalstatuseurules.aspx- do I qualify to receive SU if I study full-time at a university/college or business school (erhvervsuddannelse) even if my husband is not working full time? Or does my he have to be a full-time worker in order for me to qualify for SU?

Kind Regards

Dona Meyer

Hi Dona,

your husband definitively qualifies as a 'worker' under the free-movement rules laid down in Directive 2004/38 if he is employed in a job 10-12 hours a week.

But of course it will be much easier for him to prove his status to the Danish SU-authorities if his weekly hours exceed this minimum, but 10-12 hours a week is sufficient to be considered a 'worker' as defined under the EU-rules.

HOWEVER: If your husband is working while also a student, he will NOT be considered a worker, since his PRIMARY occupation will be that of 'student' rather than 'worker', no matter the amount of hours he's putting into his student job. In this case, you would have to have had residence in Denmark under the EU-rules for the last 2 years before you qualify for SU.

MSH.