Family Reunification for Danish girlfriend and Non-EU boyfriend

[evc]

Hej.

I am a latin american citizen with a danish girlfriend.

For obvious reasons we are forbidden stay in each other's country for longer than 3 months, so we have decided to move in together and live in Denmark, with me applying for a visa on the grounds of Family Reunification.

So far we don't want to get married and what we heard from 4 attendants at the immigration service is that our situation seems "fine" and that we have a good case. In order to avoid more emotional stress, we want to make sure this is true.

Finally my question is: do we seem to have a good case being "only" boyfriend and girlfriend or is it better to get married to make sure we won't have any problem? Also she still lives with her parents with the main income being the SU, and until I get my answer we will have to stay there a few weeks more. I don't know if this information is relevant to their decision. They have a really big house and document to prove accommodation size won't be a problem.


Mange tak in advance for answering my concerns.

[mh1]

Oh no, sorry to disappoint you, you don't 'have a good case being "only" boyfriend and girlfriend' - that answer is to say the least misleading.

In order to get family reunification you need to get married, OR your girlfriend must move to Brazil and live with you for app. 18 months.

If you apply without fulfilling one of these conditions, you will be refused.

You and your girlfriend can read all about it here (MUCH better than asking on the phone, because the people manning the phones are not educated lawyers and all too often misunderstand what you are asking): https://www.nyidanmark.dk/en-us/coming_ ... pouses.htm

[evc]

Thank you very much for the quick answer.

Brazil was our first option but regarding her area of study there arent good opportunities and she would have to study it all over again, mostly. IT on the other hand could be and more flexible area.

Yeah, we have been through that website reading it all over and over again, but at a certain point I find it a bit misleading.

For instance:

"[...] Normally, you must be able to document that you have lived with your partner for at least 18 months at a shared address. [...]"

I understand "normally" in this context as something not obligatory. Also if a relationship without those requirements are not met, it could be informed there - "not being married or living together does not meet the requirements".

Well, we have been thinking of getting married anyway, so this will just speed up the process somehow. Just to be sure.

So,

1) Apart from the marriage concern, is the housing accommodation compliant? Should we worry?

2) If my visa get rejected and then we get married and apply again, is that something that will be seen as a bad thing?

[mh1]

The 'normally' does not mean that living together at a shared address is not always obligatory- it means that they know full well that not all countries have an official unit where you go to register your address, and then you have to prove your cohabitation in other ways. It also means that 18 months is not an absolute minimum, in some cases a shorter period, or longer periods with short breaks can do it - especially if the couple has a common child.

DO NOT apply for family reunification without meeting ALL requirements. A separate living accommodation MUST be in place before you apply, and your gf must have a certain date for moving in in a not too distant future from the date of application. A signed lease contract must be shown as proof.

Instead plan to marry EITHER in DK (where you go to on a tourist visa as a boyfriend), or in Brazil.

If you go to DK on a tourist visa (90 days), and marry there, you will almost certainly be allowed to stay on 'processual stay' until the family reunification is granted, BUT during that time you may not work, you have to keep paying for your travel-health insurance and you may well get bored during the several months that may pass (DK has a lot of refugee cases and a limited number of people handling immigration and asylum cases).

If you marry in Brazil (or you) you then apply for family reunification and wait in Brazil until you get it. In the last case, you can continue your life there, keep your job etc. until the family reunification is granted.

You may check whether you can get a job that would be on the 'positive list': https://www.nyidanmark.dk/en-us/coming_ ... e-list.htm

[evc]

That's more clear now. Thanks for the explanation.

However if we decide to live at her parents house until we have our own apartment, and I make the application stating I am living there. How can she (my girlfriend) prove that we have a deal with their parents? We need a contract from them? Does it necessarily need to have a value involved in this contract?

[mh1]

It is explained here: https://www.nyidanmark.dk/en-us/coming_ ... rement.htm

"If your spouse/partner lives with his/her parents or other family who own the place of residence, it is still required that your spouse/partner can document – in the form of a lease – that he/she disposes of his/her own part of the place of residence.

Sub-letting does not meet the housing requirement."

Please read all of the info about the rules. They are clear, and if you make sure that you fulfill the conditions on this official page, you have the best possible foundation for making a successful application.

[evc]

Great. I thank you very much for your help, mh. You guys are doing a great job in this Forum.

Hej hej!

[uidroot]

Hello is the housing rule also applies for EU citizen applying for family reunification?

[skaanebo]

There is no "housing rule" if you apply under EU laws.