RE-MARRY

[sunshine105]

Hi all,
I would like to begin by appreciating all the guys offering their time and all in trying to help others facing various problems.
Just like others, i also have a serious problem which i am hope to get atleast an advice on what and how to go about it.
I am an EU national living and working in DK. I have fallen in love with a non-EU girl for about a year now and so much wants to marry her. But our problem now is that, she was married before, the reason why she was granted a visa to Dk. Unfortunately things didnt work out in her first marriage and they got divorced.(8 months now since divorced). she has of recent recieved a letter that she has to leave Dk by the 26 of Nov this year. She has struggled to convince the FS with the facts that she has lived 5yrs in Dk (2007-2012), have finished the Danish Language skole, finished a lang videreuddanelse with a diplom in Supply chains & logistics management, have a one year course in the university as an ekspørt ingeniør,worked part-time for years and also worked as besøgsven with dansk redcross. But the FS still stood their grounds that she was granted visa because she was married to a dane and since they are nomore together, she has to live.
My question now is, can we still marry and apply for family reunification? Can she still stay here in while our case is being processed or will she have to go out of Dk? Atleast she is still legal until after the 26th. And i read in the law that one has the right to stay in the country while their case is being processed.
Please if there are any extra advice, i did appreciate it so much because i dont wanna loose her. I am scared i will lose her if she goes away and besides its gonna be very costly for me to bring her back considering flights to and fro,etc.
I hope you all can understand what i try to explain. Thank you all in advance for your kind responses.
MVH
SD.

[soreng]

Yes since you are a EU citizen, then after you get married all she would have to to is to apply for a residence card.
http://www.nyidanmark.dk/en-us/coming_t ... _apply.htm

[mh1]

BUT you have to hurry up and get married before 26th November!

After that date you will have to apply for a special permission to get married, because your girl-friend will no longer have the necessary 'lovligt ophold', but will be on 'processuelt ophold' - which means that she is staying legally in DK, but cannot marry unless she gets a special permission.

[soreng]

Maybe there is actually some time to save, if you marry in your home country? As it is now, you, like your girlfriend, will have to get documentation proving your civil status.

Maybe you do not have to get that documentation if you marry in your home country....It depends on the rules of your home country, but a dane does not have to supply any information for marring in denmark. The information is automatic taken from "folkeregisteret"
Your girlfriend will have present that documentation no matter if you get married in denmark or in your home country.

[fundiver199]

It sounds like her residence permit has already been revoked, and that she has just been given a grace period to leave Denmark. In that case she can not get married in Denmark. You will therefore need to get married somewhere else or alternative wait, until she can come back on a visa after 3 month outside Schengen. After you are married, she will be covered by Directive 2004/38 EU and have a right to both entry and residence in Denmark, if you are a worker, student or self-supporting person. So from there on the whole thing is very straight-forward and easy.

Why not take a christmas or winter vacation in her home country, meet her family and friends, and get married there? It will be extremely rushed and not very romantic, if you try to get married before november 26. But if you really insist on this, it might be possible in Sweden, if you obtain the needed papers in time (proff on civil status etc). Or perhaps in your own home country as others have suggested.

[sunshine105]

Yes since you are a EU citizen, then after you get married all she would have to to is to apply for a residence card.
http://www.nyidanmark.dk/en-us/coming_t ... _apply.htm

Thanks for the link. Discovered even more infos I had no idea about.

[sunshine105]

BUT you have to hurry up and get married before 26th November!

After that date you will have to apply for a special permission to get married, because your girl-friend will no longer have the necessary 'lovligt ophold', but will be on 'processuelt ophold' - which means that she is staying legally in DK, but cannot marry unless she gets a special permission.

Thanks for the tips mh, I will sure hurry up esp. as time isnt much on our side.

[sunshine105]

Maybe there is actually some time to save, if you marry in your home country? As it is now, you, like your girlfriend, will have to get documentation proving your civil status.

Maybe you do not have to get that documentation if you marry in your home country....It depends on the rules of your home country, but a dane does not have to supply any information for marring in denmark. The information is automatic taken from "folkeregisteret"
Your girlfriend will have present that documentation no matter if you get married in denmark or in your home country.

Yes you are definately right about doing it in my country. I just learnt i won´t be needing any civil status if the marriage is to be done in my country.
My girlfriend has original copy of her divorce from her ex though in danish. I guess we will have to do a translation of that.
Tak igen for hjælpen

[sunshine105]

It sounds like her residence permit has already been revoked, and that she has just been given a grace period to leave Denmark. In that case she can not get married in Denmark. You will therefore need to get married somewhere else or alternative wait, until she can come back on a visa after 3 month outside Schengen. After you are married, she will be covered by Directive 2004/38 EU and have a right to both entry and residence in Denmark, if you are a worker, student or self-supporting person. So from there on the whole thing is very straight-forward and easy.

Why not take a christmas or winter vacation in her home country, meet her family and friends, and get married there? It will be extremely rushed and not very romantic, if you try to get married before november 26. But if you really insist on this, it might be possible in Sweden, if you obtain the needed papers in time (proff on civil status etc). Or perhaps in your own home country as others have suggested.

Yes Fundiver, you read it right, her residence permit has already been revoked and only have the period of grace left:(
I have decided to go wed in my country since i wont need to show any social status.It would be seen in the register in my home country I was told.I have no choice than to rush it. In the near future we will sure arrange something big and romantic
I had also thought the same with Vacation to her home country but unfortunately it wasnt favourable because i couldnt get a break from my job.
For waiting until after three months sounds good too but i´m not sure how if i can help her absence.Honestly speaking she brought life into my live again & showed me reasons to keep living after a terrible past i had. I am a better person with the job I have today is all thanks to her. I know this sounds like crazy but I´m sure you guys understand when a man truely loves.
I am just wandering about our trip to my country, would she need a "tilbagesrejse tilladelse" or how is she to board the plane since the visa & residency in her passport has been stamped?
Thank you all again for the help
MVH
SD

[soreng]

You cannot take a plane. Her visa expired and she is only legally allowed to be in Denmark in the grace period. You will have to take transports like car / train / bus and take advantage of the very little risk there is of being asked for a passport inside Schengen. This will offcourse only work if your home country allows marriage even if the foreigner am without a valid visa. Denmark does not allow it. Sweden does. You are the only one knowing your nationality so you are the only one who can answer that question.

[fundiver199]

Since your girlfriend is going to break immigration laws anyway by going to another schengen country to get married, you could also choose to say, that the deadline of the leaway is not that important after all and let the marriage plans take whatever time, they take. This in effect would just mean, that she would become an illegal immigrant from 26. november 2012 needing to hide herself from authorities, until you have gotten married, and she has applied for a residence card at Statsforvaltningen, which will then legalize her presence in Denmark.

I don’t really recommend breaking laws, since it is so relatively easy not to do it. But if you really insist of going the illegal way, it is not that much of a big deal, since this kind of offence is definitely not the most serious in the world, and potential consequences are no worse than:

a) Being fined or getting a similar proportional punishment
b) Getting arrested by police and send to her home country in the very worst case

I do have to say though, that while I understand your emotional desire to not get separated from her for e.g. 3 month, the official line of ÆUG will always remain, that people should obey the law in all but the most extreme emergency situations.

And being apart from your loved one for 3 month is really something, that the vast majority of binational cupples have had to cope with one or more times. So its difficult to feel very sorry for you just because of that. It really is a completely survivable situation particularly with modern inventions like ip telephone calls, chat on the internet and even web-cams. And personally I would always prefer it to bringing myself in a situation, where I essentially need to hide from the police and sneak around corners like a criminal.

[sunshine105]

Dear Søren, Fundiver & all,
I will again thank you all for your information eventhough it is seeming hard for me to digest.The situation seem to be complicated than i thought before after reading your replies now.
Itś truely gonna be a risk going out of the country to my country. And i wont want to be involved with the police for any crime
Please you should forgive my too many questions. I am just so confused and these questions keep popping up in my head. I am grateful you guys are there to help.
One thing i forgot to mention, in the letter she recieved from the US, they proposed that she can apply for a greencard.
Can this be an option for her, considering that she completed a lang videregående uddannelse?
She wasnt given the six months period students from this education should get after they finish this studies. Can she apply to ask for this six months or apply normally or generally for greencard. She has worked many years in DK, completed DU3 Sprogskole also.
Maybe this might give us some time to figure out marriage?
I will appreciate your opinions.
MVH
SD

[sunshine105]

P.S
... if we decide to go to sweden, can anyone please help with where we can go, address etc.
How long it takes to get the marriage signed and can she come back with me in DK or would have to stay in Sweden?
Thanks
SD

[soreng]

She can offcourse apply for a Green card of she feels that she lives up to the conditions for that.
http://www.nyidanmark.dk/da-dk/Ophold/a ... ningen.htm

But she will not be allowed to hand in an application in denmark, as she has been given a deadline to leave Denmark allready, so she will have to apply from her home country.

This bit of text is copy/pasted from nyidanmark.dk
"If you submit your application while in Denmark, it will not be processed if you are an illegal resident of Denmark, if you have been expelled from Denmark, if you have been given a deadline to leave Denmark, or if you are also applying for another type of Danish residence permit and are awaiting a decision."

To put it short, your girlfriends possibility to stay in denmark after the 26. are very limited, and will most likely require for you to break the law a little, and get married in a country where they do not require a valid residence permit.

Your best chance, in my oppinion, is for you to either go and talk to your employer once again and hear if it is not possible for you to get just one or 2 weeks off, so you can go and marry your true love in her home country.
Or get used to the fact that you will see her again in the end of february, where she can come her, bringing her documentation for her civil status, and then you will have 3 months to get married, and apply for a residence permit based on the marriage.

True love is worth waiting 3 months for, don't you think? Some people wait their whole life for it, without finding it.

[soreng]

P.S
... if we decide to go to sweden, can anyone please help with where we can go, address etc.
How long it takes to get the marriage signed and can she come back with me in DK or would have to stay in Sweden?
Thanks
SD

You will have to contact "Skatteverket" http://www.skatteverket.se to have a "Hindersprövning" made. After that you can get married in any city hall in Sweden.

But your are running very low on time, as you will first have to get documents on your self to proofe your civil status. Depending on the language in the country you are from, you will have to have that translated. And the same goes for your girlfriend. After that the Hindersprövning as to be made, and a appointment at the city hall has to be made...That is VERY tight in 2½ weeks.

If it is legal to marry without at valid visa or residence in your home country, then you would most likely save some time in marrying there...If you cross the border to Sweden or 2-3 internal Schengen borders does not really matter...The "crime" is the same, and so would the penalty be.