Ægteskabudengrænser.dk

Hello!

Anybody knows the Article 8 of the European Convention on Human Rights?

I understand that there is a new law that will come out for the family reunification in Denmark but the receiving of the social support of a danish citizens spouse prohibit their husband or wife from a third world countries (non Eu country) to come and reunited with them here in Denmark. I believe that the receiving of the social support should be removed this social support violates the article 8 of the Europen Convention on Human Right and its a total discriminations for the danish spouses from a non EU country.

I´m not sure its that simple, since the ECHR (European Court of Human Rights) have quite clearly said, that it is reasonable to demand, that the reference person is able to provide for herself as well as the foreign spouse. So the only discussion can be, if it is reasonable to focus so much on, what happened 1, 2 or even 3 years ago, rather than the present situation of the reference person.

Unfortunatly the danish government does not seem to have any plan to change the "3 year rule" i.e. the rule that the reference person must not have received social benefit of certain types within the last 3 years. But I know that Enhedslisten is trying to pursuade the government to change it, and of course ÆUG has also proposed it in our hearing response, so maybe there is a small chance, that some changes will happen.

But don`t expect that the rule will be removed all together, because basically all 3 political parties in the government are in support of the idea, that the reference person must be able to provide for herself as well as the foreign spouse. But possible changes could be to exclude references, who have been given the socalled "førtidspension", to roll back the 3 year period to 1 year, like it was until september 2010, or to make the whole rule somewhat more flexible and focused on the reference persons present financial situation rather than focusing so much on the past.