Marriage and divorce

[sisieko]

Hello! I just discovered this wonderful forum today and I'm happy to have found it.
Pls, I have been panicky for years now because of my story i.e. I came to DK from Sweden with my ex-hubby and our 2 daughters in 2007 because my hubby was to do a Phd programme here in København. Unfortunately, he didn't complete the programme and when our then residence permits expired, he applied instead for a green card and the application was successful.
Meanwhile, our relationship had always been a turbulent one filled with violence and I decided to move away from him in 2011 and got help from a women shelter that housed myself and my daughters for about 11 months. The shelter with the help of the Kommune eventually got us our own flat in 2012. Also the divorce proceedings were finalised at the instance of my ex-hubby in 2012 and we have joined custody of the girls. The girls are aged 11 and 9 by the way.
Presently, I'm at the point where I need to renew my visa for extension. I was at a private lawyer in april who told me my situation could not be helped as US would likely reject my application.
Another fact I left out is; US information desk told me to continue living my life when I informed them about changes to my immigration status in 2011. My shelter also sent them a mail from my email box telling them, I had left my hubby, but would still like to remain here in Denmark with my two kids, a mail US never replied to.
I don't want to live DK as my daughters know no other home. We left our country when they were barely 10 months to 2years.
Further information about myself: I was on kontakt hjælp since 2011 that I left my ex-hubby uptil april 2013 that I just started taking a social and sunhedshjæper course. I completed my dansk 1:3 in december of last year. I have worked, but haven't consistently worked for years at a streach because of my turbulent marriage. In addition to that, I have also attended some short courses and offered myself for voluntary work for a few weeks.
Lastly, I'm from Nigeria, a country full of daily religious unrests and blodbaths. My background as someone from a broken home is also a taboo in my clan as I'm not expected to divorce since my parents did.
I speak dansk albeit not very fluently, write and read it.
Pls anyone know what my chances are? Would I really be deported together with my kids? What can I do if my application is rejected? Would I be allowed to apply for another category of visa or would I have a right of appeal? I am so confused right now!
By the way, my current permit expires tommorow.

[mh1]

If you have already been living in DK for at least about 6 months since your divorce and have not been asked by US to give a reason why they should not cancel your residence permit, it seems to me you must have been granted a residence permit independent of your husband.

As long as you applied in time for renewal, and as long as you have not received a letter ordering you to leave DK, I don't think you need to worry.

As I understand it, your husband is still living in DK. The ties between him and the children might (not must, mind you!) be enough reason to grant you extension of your residence permit.

[sisieko]

Thanks for your reply. Yes, I have lived here more than 6 months after the divorce, but have never received any letter from immigration on whether I've been granted an independent residence permit or revoked the current one that is expiring today.
I'm just worried as I'm not sure what the outcome of the decision would be. I just don't want anything to happen to my daughters as they grew up here and are so attached to Denmark already. They never want to hear anything about Africa and wouldn't want to live there either.

[mh1]

The VERY important thing is that you have applied before your current permit expires. Until and unless you get a negative answer, you should be optimistic.

[sisieko]

I did. Thank you. Do you think I should have a plan B in case I get denied? If yes, what do you think I could apply for?

[sisieko]

Hello to anybody following my case! Please I'm stuck and need some help again. My lawyer has turned in an application for my daughters and myself under familiesammenføring (special circumstances) to udlædingestyrelsen i.e. trying to build an application for me and my daughters on the ground that Danmark is the only country my daughters know and have grown up in having lived here for the longest period of their lives (6 years). My daughters are 11 and 9 by the way.
Can anyone therefore explain what is likely to happen to me?. I'm just mostly scared for my daughters as I don't want them to have any traumatic experience that might affect them psychologically for years. They already think they are like every other kid at school and are danish. They have never been to my country of origin since they left when they were 1 and 2 year old respectively and don't even speak my language. Moreover our educational system is totally different from the danish one and I can't put my head round how they can even adjust to it. The shock would be too much to handle I'm very sure of that.

Also in case udlædingestyrelsen doesn't extend or grant my daughters and I permission to stay on this ground, can I apply for a student visa (I have an admission) and lastly, if one is allowed to appeal a judgement, can one be allowed to remain in the country while the appeal is ongoing or would one have to travel out to appeal?

[fundiver199]

It seems to me, your lawyer has done the right thing. The fact, that your children have spend all their formative years in Sweden or Denmark and don`t speak your native language, is a good reason, why they should be allowed to stay here. The UN convention on childrens rights is important in this aspect.

If your application is turned down, you can apply for a student residence permit instead, but properly not without doing so from your home country.

If you can remain in Denmark during an appeal is decided on a case-to-case base by Udlændingenævnet. Because you have school seeking children, who are dependent on you, I think in your case, it is likely, you (and more importantly they) would be allowed to stay during the appeal.

Good luck with it all.