Familiesammenføring efter EU retten
: 06.07.2014 15:30:09
Hej Allesammen
Skriver med et engelsk tastatur, undskyld hvis teksten ser underligt ud..
Jeg er en dansk statsborger som flytter tilbage til Danmark fra udlandet i Januar naeste aar. Jeg flyttede til Guernsey, Channel Islands tilbage i November 2008 da jeg var 14 aar pga. personlige aarsager. Jeg har fra begyndelsen boet sammen med min forlovede, dog boede vi hos hans mor fra November 2008 til Maj 2012 hvorefter vi flyttede til en lejlighed. Jeg gik i skole herover fra Februar 2009 til Juni 2010, men fik aldrig afsluttet mine eksamer.
Jeg deler lige med jer denne email som jeg sendte til statsforvaltningen som bedre forklarer min situation.
"Dear Sir or Madam
I am writing in regards to submitting an application for Family Reunification under EU Law.
My family and I are moving back to Denmark in January 2015; our family consists of myself, my partner and our two children. We currently reside in Guernsey, Channel Islands which is where I moved to from Denmark back in November 2008 at the age of 14.
As mentioned above, I moved to Guernsey in late 2008 due to personal reasons and have lived with my Fiancé since then. We lived at his parents' address from November 2008 to May 2012 and living in our own rented apartment from May 2012 till present. He is the father of my two children; my daughter born on July 9th 2011 and my son born on November 28th 2012.
From February 2009 till June 2010 I attended Secondary School in Guernsey. However, due to leaving a year early as a result of being over the compulsory school age I never gained any qualifications from school. After leaving school, I had been job seeking and then gaining employment although this was for a relatively short period of time. This has been the case throughout my adult life so far, with employment lasting for 3 months at a time.
My intention upon returning to Denmark with my family is for me to get an education with formal qualifications which would lead to employment afterwards or whilst in education.
However, I do have some questions in relation to possible complications in obtaining Family Reunification under EU Law due to my partners nationality.
First of all, I am a Danish Citizen by birth; my family in Denmark are all Danish Citizens and I lived in Denmark from my birth on January 30th 1994 till November 2008.
My problem is this;
My partner was born and brought up in Guernsey and his family is from Guernsey also. As a result, he is a British Citizen and has a British Passport. However, as he has no connection to any family in the United Kingdom or lived in the UK he has whats called "Islander Status" which means he has an endorsement in his passport saying "holder is not entitled to benefit from European Community Provisions relating to employment or establishment"
Following my own research, I know that my partner is exempt from having to apply for a visa to enter Denmark. However as we are planning to stay in Denmark, I am unsure, as a result of the endorsement in his passport, whether he needs to get a Registration Certificate, a Residence Card or for me to apply for Family Reunification under EU Law. I would very much appreciate it if you could provide clarification on this matter.
Also, our two children acquired British Citizenship at birth through my partner and as a result also have British Passports. They both also have "Islander Status" and as such also have the same endorsement in their passports. However do they, as children of a mother who is a Danish Citizen, exempt from from immigration laws? I know that under current Nationality Laws that the Danish Government would only allow Dual Citizenship in exceptional cases and as such it is a possibility that through acquiring British Passports that my children have lost their Danish Citizenship. Is this true? If so, is it also true that the Folketing are currently looking to introduce new Nationality laws or amendments in 2015 that would allow for Dual Citizenship and thus anyone who have lost their Danish Citizenship through having Dual Citizenship at birth will automatically regain their Danish Nationality?
Finally, as I am intending to start education as soon as possible after arriving in denmark and the fact that I would be bringing my partner and two children to the country too, what financial help would I be entitled to from the Municipality until I have started education and/or found employment?
Yours Sincerely,
Miss Julie Lunk"
Efter de oplysninger jeg har skrevet, er der nogen der kunne fortaelle mig hvorhvidt det ville vaere muligt for mig at faa familiesammenfoering, og hvis ikke hvad andre muligheder har jeg?
Skriver med et engelsk tastatur, undskyld hvis teksten ser underligt ud..
Jeg er en dansk statsborger som flytter tilbage til Danmark fra udlandet i Januar naeste aar. Jeg flyttede til Guernsey, Channel Islands tilbage i November 2008 da jeg var 14 aar pga. personlige aarsager. Jeg har fra begyndelsen boet sammen med min forlovede, dog boede vi hos hans mor fra November 2008 til Maj 2012 hvorefter vi flyttede til en lejlighed. Jeg gik i skole herover fra Februar 2009 til Juni 2010, men fik aldrig afsluttet mine eksamer.
Jeg deler lige med jer denne email som jeg sendte til statsforvaltningen som bedre forklarer min situation.
"Dear Sir or Madam
I am writing in regards to submitting an application for Family Reunification under EU Law.
My family and I are moving back to Denmark in January 2015; our family consists of myself, my partner and our two children. We currently reside in Guernsey, Channel Islands which is where I moved to from Denmark back in November 2008 at the age of 14.
As mentioned above, I moved to Guernsey in late 2008 due to personal reasons and have lived with my Fiancé since then. We lived at his parents' address from November 2008 to May 2012 and living in our own rented apartment from May 2012 till present. He is the father of my two children; my daughter born on July 9th 2011 and my son born on November 28th 2012.
From February 2009 till June 2010 I attended Secondary School in Guernsey. However, due to leaving a year early as a result of being over the compulsory school age I never gained any qualifications from school. After leaving school, I had been job seeking and then gaining employment although this was for a relatively short period of time. This has been the case throughout my adult life so far, with employment lasting for 3 months at a time.
My intention upon returning to Denmark with my family is for me to get an education with formal qualifications which would lead to employment afterwards or whilst in education.
However, I do have some questions in relation to possible complications in obtaining Family Reunification under EU Law due to my partners nationality.
First of all, I am a Danish Citizen by birth; my family in Denmark are all Danish Citizens and I lived in Denmark from my birth on January 30th 1994 till November 2008.
My problem is this;
My partner was born and brought up in Guernsey and his family is from Guernsey also. As a result, he is a British Citizen and has a British Passport. However, as he has no connection to any family in the United Kingdom or lived in the UK he has whats called "Islander Status" which means he has an endorsement in his passport saying "holder is not entitled to benefit from European Community Provisions relating to employment or establishment"
Following my own research, I know that my partner is exempt from having to apply for a visa to enter Denmark. However as we are planning to stay in Denmark, I am unsure, as a result of the endorsement in his passport, whether he needs to get a Registration Certificate, a Residence Card or for me to apply for Family Reunification under EU Law. I would very much appreciate it if you could provide clarification on this matter.
Also, our two children acquired British Citizenship at birth through my partner and as a result also have British Passports. They both also have "Islander Status" and as such also have the same endorsement in their passports. However do they, as children of a mother who is a Danish Citizen, exempt from from immigration laws? I know that under current Nationality Laws that the Danish Government would only allow Dual Citizenship in exceptional cases and as such it is a possibility that through acquiring British Passports that my children have lost their Danish Citizenship. Is this true? If so, is it also true that the Folketing are currently looking to introduce new Nationality laws or amendments in 2015 that would allow for Dual Citizenship and thus anyone who have lost their Danish Citizenship through having Dual Citizenship at birth will automatically regain their Danish Nationality?
Finally, as I am intending to start education as soon as possible after arriving in denmark and the fact that I would be bringing my partner and two children to the country too, what financial help would I be entitled to from the Municipality until I have started education and/or found employment?
Yours Sincerely,
Miss Julie Lunk"
Efter de oplysninger jeg har skrevet, er der nogen der kunne fortaelle mig hvorhvidt det ville vaere muligt for mig at faa familiesammenfoering, og hvis ikke hvad andre muligheder har jeg?