Help me pls : Reject my visa

[Cher-aim]

I'm Thai woman 27 years old , I married with Danish guy in Denmark. My husband is 57 years old.

Last year my husband invited me to come and visited him in Denmark for 3 months after we had talk and chat on webcam a long time.
He never come to Thailand because of his son had a bad luck from accident. So he want me to visit him in there.

I went to Denmark with a first visit visa on 5 November 2009 and stay there with my husband in the same apartment for 2 months.
After that we were decide to married in Denmark , so he got divorced before we married on 7 days. But he had seperate from his old wife more than 10 years ago.

Then we married on 14 January 2010 and applied to stay permit visa in the same day. I waited for stay permit visa in there to July and after that I got a letter from immigration of Denmark.
They said that "They can not believed in our relationship because of we had too much different age and dont know each other too long time.
We complaint to this situation and I was back in Thailand. After I waited in Thailand for 3 months I applied for a visited visa to visit my husband.

But I still got a refuse from immigration of Denmark. The letter said that " I married with Henrik because of I want to come and stay in Denmark"
In the same time .. our complaint of stay permit visa has been reject also in the same reasons.

The question are :

How can we do in this case ? Can I apply for a stay permit visa again and can I get a stay permit visa ?


Please help

Thank you so much

[skaanebo]

Hi Cher-aim,

Just so you know, there is a separate place on this forum for posts in the English language so your post actually belongs there.

As I understand the main problem is the age difference between yourself and your husband. The Danish Immigration Board believes this is a marriage out of convenience and not a marriage based on love.

What you can do is:

a) complain to the Migration Board and/or make a new file for a residence permit and make sure you enclose so much evidence of the character of your relationship that nobody can claim it to be a marriage out of convenience - for instance, photos, journeys together, family gatherings and friends who certify that this is really a relationship out of love and not out of convenience. If you happen to be pregnant with your husband that would certainly help too.

Or b) Ask your husband to move to another EU/EEA country such as Sweden or Germany for a period of minimum 10 weeks in order to become an EU/EEA citizen using his free movement within the EU and the EEA. During the time he stays in another country, you should apply for either a residence card or a visa to join him there. After arriving to his new place you can both move back to Denmark and live happily ever after using EU regulations rather than national Danish law to gain a legal residence in Denmark. You could ask your husband to read more on this forum about EU rules in this regard.

Good luck!

[fundiver199]

Skaanebo has already more or less lined out the possible solutions for your case. There is a paragraph in the Danish law about foreigners (Udlændingeloven), which say, that if specific circumstances indicate, that a marriage is a marrige of convenience, then the authorities have to reject an application for family reunification. The important thing to understand here is, that the authorities do not say, that the marriage actually is a marriage of convenience. All they say is, that specific circumstances indicate, that this might be the case. Or in another word, that the likelihood is higher, than it is in an average marriage.

This is kind of alike to the 24-year rule, which officially is supposed to limit the amount of forged marriages. The logic behind this being, that if you are very young, then you are less likely to be able to resist pressure from your family to engage in an arranged marriage.

Specific circumstances indicating an increased risk of a marriage being a marriage of convenience is things such as:

* a large age difference
* the spouses having known each other only for a very short time prior to the wedding
* the spouses not having arranged the wedding themselves or perhaps not even having been present at the wedding
* the foreign person having relatives in Denmark, who have also moved here through a marriage
* the person in Denmark previously having been married to one or more other foreigners, particularly if he or she divorced these, shortly after their residence permit were made permenant and thus independent on the marriage.

If you and your husband want more specific help with your case, please write to ÆUG at:

raadgivning@aegteskabudengraenser.dk

and include a scanned copy of all previous correspondence with danish authorities, particularly their letters to you or your husband.

But as skaanebo say, the better and easier solution might be, that your husband simply take residence in another EU-country for a period of time. Which by the way will also improve your rights and position considerably, after you have gained a right to residence after EU-law in either this other country or in Denmark.

Our information is for now only available in danish language, so you might want to suggest to your husband to read this:

http://www.aegteskabudengraenser.dk/jeg ... ammenfores

http://www.aegteskabudengraenser.dk/jeg ... igeslesvig

[zandvoortzandvoort]

Or b) Ask your husband to move to another EU/EEA country such as Sweden or Germany for a period of minimum 10 weeks in order to become an EU/EEA citizen using his free movement within the EU and the EEA.

Good luck!

Hai skaanebo, I am from Holland and have been discussing the time to spend in an other member state, whom is to unclear to us. Were do you get the 10 weeks from? In our country they demand 6 months again, even after the highest court said it was 3 months and a day! So we are fighting them now on that too. See the Metock discussion on a other fight we have with the government. Please explain, I am curious to know were you base the 10 weeks on? Even though this discussion was of a earlier date!

[mh1]

@ zandvoortzandvoort, See
Franca Ninni-Orasche (C-413/01). The court decided that a 10-week working contract was sufficient to establish that the citizen had used the right to free movement for employees.

However, if you settle in another EU country as anything other that employee in that country, 10 weeks may not be sufficient.

[fundiver199]

mh has an important point here. As long as the EU-court has not spoken about a specific detail such as this, it is to a wide extend open for interpretation. And in that situation “rough states” like Denmark or Holland will always try to interpret in disadvantage of the citizen, who try to claim rights after EU-law.

However this whole debate about, when you have or have not utilized your right to free movement in another EU-country, seems somewhat outdated to me after the EU-courts ruling in the Zambranocase. The EU-court in that case gave a union citizen a right to residence in her own country without any demand about a previous cross-border activity and linked that right not to directive 2004/38 EU but to the concept of union citizenship.

Cross-border activity should therefore now only be required in order to claim some of the other rights given in directive 2004/38 EU such as the right to permanent residence after 5 years.

But of course it is as yet still unclear, if the danish and – I presume – the dutch government will accept, that the Zambrano ruling also mean a right for adult citizens to have their spouse with them. Or if the two governments will try to claim, that while the EU-court has said, that children need parents to take care of them, adults can easily live without their spouse.