SKAT AND KONTANTHJÆLP

[MARIA2010]

Hello Everybody,

I hope you can help me about my inquiry.

We are planning to apply for family reunification I would like to ask what will happen if my husband (danish citizen)have the following problems:

1. He owe money from skat authorities, but he begun to pay via installment basis.
2. 2 years ago he received kontanthjælp for 4 months .

He has 2 children, 1 living with him and the other one visits him every summer.
Do you think we can have "despensation" , because we dont have enough money for the bank garanti.

I need your advice on this.

Thank you.

[fundiver199]

Hi Maria. It depends on weather or not the child living with him also sees the mother on a regular basis. Dispensation can also be given, if the child has lived in Denmark for approximately 7 years, but there are no “hard rules”, so it is really difficult to predict, how Immigration Service will decide in such a case. Particularly when you only give very sparse information about the details.

The point is, that dispensation will only be given, if it would breach international agreements, which Denmark has signed, to decline you the right to live in Denmark. So it is fairly complicated stuff.

But why don´t you just apply and see what happens? That is the only way to find out for sure, if a dispensation can be given or not. If your application is denied, then your husband can use his right to free movement in EU and move to another EU-country, where you can then have a residence card after a much much simpler set of rules.

After approximately 3 month you can then also use the EU-rules to live together in Denmark. But for the sake of his child it is perhaps best to try and apply after the danish rules first in your case.



Best of luck to both of you!

[MARIA2010]

Thank you very much Fundiver for a very clear svar.

We are also thinking of applying and see what will happen, but, if US denied our application, of course they will give me a deadlne to be out of DK.

Can we just move to Sweden instead of travelling back to my country?

My husbands children ages 14- a danish and lving with him. the other one is 9 years old, living with her mother but visits my husband during summer.

Hope to hear from you again.

Have en god dag.

[fundiver199]

What is your legal foundation for staying in Denmark at the moment? Do you have some kind of residence permit, or are you not staying here at all? You can only improve your situation by applying for so called "family reunification" i.e. a residence permit after Udlændingeloven §9, you can never make it any worse.

If you already have another residence permit, you will still have that one, if your application for a new one is denied.

If you are staying in Denmark without having a residence permit, your husband can still bring you to Sweden after EU-rules no problem at all.

But if you need to move after having been here on "processual stay" because of a pending application, which is rejected, this will be a very stressful situation. You will in that situation get only 1 week to pack your things and leave Denmark, unless you file a complaint about the decision and is granted another "processual stay", while the complaint is being processed by Integrationsministeriet.

And it is obviously much niver to plan a transfer to Sweden quite and peacefully without having such a deadline and stress hanging over your head. It might also take some time to find a place to live in Sweden, you can not always dick that up from the ground in a few days, unless you know someone, who is willing to let you stay with them.

[MARIA2010]

I now understand all the possiblities and problems about my situation. Thank you very much Sir.

I am now in Denmark for only 90 days as tourist, but the problem is, we cannot concentrate in transferring to sweden, because my mother in law is suffering from a cancer and under chemotheraphy procedure.

We are still hoping for the best, and maybe try your first suggestion, to apply under the Danish Rules.

Thank you once again....

[fundiver199]

I will definitly suggest you to apply after danish rules, get a "processual stay" and hope, that the 2 children of your husband will get you a dispensation. With their age of 8 and 14 that seems highly likely in my opinion. And you should apply now, because when the older child is 15, it will no longer be taken into consideration.

Best of luck also to your mother in law.

[MARIA2010]

Thank you very much Sir, for answering all my queries.

[Sostoyalve]

Very good and informative exchange .. Thank you!