Rules waived because of minor children

[Emiljano]

Greetings Aegteskabudengraenser!

I am a non EU citizen from Albania and I have been living with my Danish girlfriend for a combined time of more than 18 months in Denmark using the Schengen free movement agreement. We have all kinds of proof of living in the same address except for my name being registered in the address as I have been coming back and forth for 3 months every 6 months and haven’t had a long term visa. She has 4 kids from a previous marriage 2 of which are minors who live with us, which means our attachment to Denmark is undisputed, which means we can only apply for the family reunification under Danish laws as we can not move anywhere else in EU. She does not meet the social help requirement because she has been receiving social help until 6 months ago but now she is in SU and studying for nursing school. Also our age gap is 12 years but nevertheless our relationship is absolutely genuine. My questions are:

1. Can the 3 year social help rule be waived because of her having minor children living with us? As well as the age gap rule?

2. Any general suggestion about our case?

Thank you very much!

[mh1]

1. Can the 3 year social help rule be waived because of her having minor children living with us? As well as the age gap rule?

Firstly: There is no 'age gap rule'. There is a rule about 'marriage of convenience' or 'pro-forma'. When checking whether a marriage could be that, age difference may matter. But only for married couples.

Secondly: the rule can be waived, but only if you get married. You have not been 'living together' in the legal sense, since you have not been registered at her address. Your stays only counts as touristic stays. It will make no difference what-so-ever as to what and how much financial support she is entitled to, whether you two get married, or just move in together. So - you may as well.

2. Any general suggestion about our case?
See above.

[Emiljano]

I appreciate the quick response, so if I understand correctly our 18 combined months as we have been living are invalid, if we get married in Denmark:
1. do we have to start over with the 18 months before we apply for family reunification?
2. And would you know in what cases does the involvation of the minor children waive the 3 year social help rule?

Thank you!

[mh1]

1) You can apply as soon as the ink on the marriage certificate has dried.

2) If the children EITHER have as a minimum 'normal visitation' with the other parent (every other weekend + consecutive days in holidays) OR are over 6 years of age, and have lived all their life in DK, OR have lived in DK for 6 years or more of their childhood previous to the application.

[Emiljano]

Thank you very much, you've been of great help!