divorce

[Ahmed]

Hi.

first i would love to say thats a great site and very helpful for alot of people, and hope i can get my answer here,
i have been living in denmark for 3 and half years now. I finished the language school module 3.
im studying in teknisk school , ITsupporter
I got a praktik place in for 2 and half years which will finish in may 2012 and they promised me that i will get a jop for at least 3 month after .
i have been married now for 4 years with my danish wife, but she asked for a divorce now. we have been to stats forvaltning and now we should go the court cause i didnt want to sign the papers.
The problem is my visa will finish in june 2012 and i have to apply in april 2012. Ofcourse with our her signture i cant apoply or i dont know wxactly how it will be¨.
Can you please tell me, what is my situation . will they let me stay or they will just send me back although i have been active and have no criminal record??
2nd . would they wait untill the divorce case is finished which could take a year or they dont care and they will send me back any way ,??

Thank you again

[MARIA2010]

You need to be separated for 6 months before your wife can file for a divorce.

As praktikant in TV 2 cannot help you . Because rules are you have at least a fulltime job for 2 1/2 years.


Statsforvaltning will send papers to udlændingenservice about your situation and US will send a letter to you about the cancellation of your Residence permit.

Im sorry, but I am sure you will need to travel back to your country.

Goodluck..

[mh1]

What is your citizenship? If Turkish, good, if not - not so good.

First of all, when your wife applies to court for separation, you should get your own lawyer. Since you probably do not have any, or quite low income, you may be entitled to free legal aid, that is: the state will pay your lawyer's fee.

Find a free legal aid office here:
http://www.aarhusretshjaelp.dk/links.htm

They can help you apply for a free lawyer to represent you in court.

I suppose the lawyer at statsforvaltningen told you about the procedure? Since you did not accept the separation, your wife will have to apply to the court. There is waiting time in the courts, so most likely you will not get the separation decision until about 2-3 months from now. It is the date on the separation DECISION, which is important for when your wife can sue for divorce. If you still do not accept, she will have to wait one year - 12 months - from the separation decision, before she can apply to get divorce.

This means that you have plenty of time, probably until 2013 before the divorce will be final. It has been so that US did not hurry to expel the foreign spouse, because a separation is after all a waiting time, to give people a chance to change their minds and decide to continue the marriage. This would be much more difficult, if they are separated AND living in separate countries.

After the separation you will most likely receive a letter from US, asking whether you have any reasons why they should NOT revoke your residence permit. When you get that letter, go to the free legal aid office again, and tell all about your situation, then they can help you to write your answer to US. It is important to tell everything about your situation.

[Ahmed]

Hi again.
Now there is 2 answers . one says i will have to leave even the case of separation is not finished and the other answer say the separation peiod have to be finished first wither its 6 month or 1 year. which one is more right, and what about my visa which will finish in june and i have to appl in april. can i apply alone or they will not renew it any way even the case is not done yet.
2nd. what if i could work contract can i get work premit to stay or no .

Thank you again

[mh1]

Well, one of us is a lawyer with experience from statsforvaltningen (although some years ago).

And my advice is to find a legal aid office (totally free help from lawyers) from the list here: http://www.aarhusretshjaelp.dk/links.htm

Tell them about your situation, they will be able to tell you whether you are entitled to a free, gratis lawyer for your divorce case (depends on your income), as well as able to tell you how US's practice is now. AND they can help you with answering mail from US.

It is not possible for anyone to answer you 100%, since every case is different from the other. You may or may not have a chance to get a residence permit on the basis of your education. The only way to find out for sure is to apply and wait for the answer.

[fundiver199]

There are basically 3 different possibilities to be allowed to stay in Denmark in a situation as this:

a) Getting a new kind of residence permit on conditions, that are completely equal to people, who have never lived in Denmark. Please refer to the New in Denmark web portal for a desctribtion of the different possibilities (work or study)

b) Getting a new residence permit on the ground, that you have worked full time for the same employer for at least two years. This is called "maintainance of work force" and must be applied for within a very short time frame, after your current residence permit has been cancalled or your application for extension has been rejected. Udlændingeservice will inform you about how to apply, when they send you a letter. Since you are not working, however, this seems to be irrelevant for you.

c) Being allowed to maintain you current residence permit for human rights reasons. This will mainly be relevant, if you have children with your current wife, who would loose contact with either you or their mother, if you were forced to leave Denmark and either bring the children with you or leave them here with their mother.

If you do not have children, if you have not worked for 2 years, and if there are no other really important reason, why you can not continue your life in your home country, your only possibility is a) That is to qualify for a new residence permit in the same way as everybody else, who have never lived in Denmark before.

Since you are a student, a study permit might be possible, but there are certain conditions attached to such a permit, and it can not be given to all kind of studies. Also it will for obvious reasons expire, when your study is finished. Again: Please refer to "New in Denmark" web portal for a desctribtion of the rules and possibilities.

[MARIA2010]

Hej Ahmed,

I am not a lawyer, but I had been with the same situation.

Everytime I gave advice or answers forums,, its from my own experience.....

Goodluck...

[Ahmed]

Thanks guys,