Staying in Denmark - Married to Non-EU

[uzura]

Hi,

We would like to ask for your help to see clear and form basis for future steps in our (me & my girlfriend's) case .

I am a citizen (non-Danish, EU-passport, Schengen-area), having worked and lived in Denmark for 6+ years .

I met my girlfriend here in Denmark and after a few months of dating, we are planning to get married and live in Denmark together .
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My girlfriend is from a Non-EU (not an immigration, or otherwise listed-) country who came to Denmark with a 'Working holiday visa' that will expire in the end of June . (Working holiday visa: 1 year stay in Denmark, and no enter to Schengen-area for 6 months after expiry.)

We are planning to apply for family reunification and live together after getting married .

We have recently been to the State Administration Office (Statsforvaltningen) to get information on how we can legally stay together in Denmark .

There we were told that because our relationship hasn't been long enough (few months), and because of the short exipirity of my gf's visa, even if we get married, the registration for family reunification will most likely be rejected on the basis of suspected performed marriage .

These are our questions:

Does our common future stay in Denmark depend on the place where we get married?

What are we required to do in order to successfully register my wife in Denmark through family reunification and avoid being suspected of performing marriage ?

If my girlfriend's status changes, can she as my wife re-enter EU/Schengen-area in less than 6 months counted from the day she left the EU?

Thanks for any answers!

[fundiver199]

“There we were told that because our relationship hasn't been long enough (few months), and because of the short exipirity of my gf's visa, even if we get married, the registration for family reunification will most likely be rejected on the basis of suspected performed marriage .”

That is rubbish information. It requires much stronger evidence of sham marriage than a short engagement to overrule the right to free movement in the EU. For example that she has paid you 50.000 kroner for the marriage, stuff like that.

“Does our common future stay in Denmark depend on the place where we get married?”

No.

“What are we required to do in order to successfully register my wife in Denmark through family reunification and avoid being suspected of performing marriage ?”

Nothing. Just get married, before her working holiday visa expires, and then apply for an EU residence card at Statsforvaltningen, that’s all.

“If my girlfriend's status changes, can she as my wife re-enter EU/Schengen-area in less than 6 months counted from the day she left the EU?”

Yes. As your wife she has EU residence right from the moment, you get married. So she can stay or enter at her own discretion. The only requirement is, she need to apply for a visa, before she enter, if she is not somehow exempted from this requirement. And she need to register herself at Statsforvaltningen, if she wants to stay for more than 3 month.

[mh1]

Adding to fundiver's explanation:

There have recently been a couple of cases where couples were denied family reunion because the authorities decided that their marriage was sham - but in those cases the couples had first met on-line, then in real life and about only one day after seeing each other for the first time got married. But they applied according to Danish rules, where it is the citizen who has to prove the sincereness of the marriage.

Your situation is completely different, since you met in real life first and have known each other some months already. And you will be applying according to EU-rules where it is the authorities who will have to prove that your marriage is not real. In your case I would say that is very near impossible. AND I do not think they would even try.

[fundiver199]

Also its not allowed to apply national law to cases involving the free movement in the EU. In danish national law, a marriage is considered a marriage of convenience, if the MAIN purpose is to give one of the spouses a residence permit in Danmark. According to EU-law however it is only abuse of rights, if it was the ONLY purpose of the marriage.

This might seem like a small difference between two words, but MAIN and ONLY are actually two very different things here. Using the word MAIN, the marriage might be considered a marriage of convenience, even if the spouses actually live together, if it is decided, that one of them mainly entered into the marriage to obtain an immigration advantage. Using the word ONLY however, such a marriage is clearly not a marriage of convenience.

The decisions, to which mh refer, might be correct after danish law. But they would in my opinion clearly be a violation of EU-law, if they were EU-cases.

[uidroot]

Can someone please tell me if you are married to stay with your girlfriend will be considered marriage of convince? I am confused what constitutes to marriage of convince. If someone has a visa problem and they get married with his/ her lover stay with them would it be considered as marriage of convince?

[skaanebo]

No, not if you have been in a relationship for a long time. But if you found your partner yesterday and marry today, that's a different matter.

[uidroot]

Does 1 year long enough? I mean before marriage knowing each other for a year

[skaanebo]

Of course 1 year is probably 4 times as much time as is required.

[uidroot]

We went for th interview and worried that w got some answers not right and also that we told we didn't had a marriage ceremony yet.