Divorce(african woman married to a danish)

[NancyB]

Hi all,
I hope i can get some help from anyone here that has an idea of what can be done.
I am writting on behalf of my friend. She came here in 2014 on a tourist visum, this was after an agreement with the boyfriend she had been dating for 2 years. Their intention was if she liked Dk she was to stay back and get married, which they managed to do. During the waiting time for their case, it really took along time( almost 9 months before she got has resident permit) Well 5months into the marriage the man changed and become fx. very controlling, always shouting if he has to explain something or if he is mad on something that has gone wrong, he stressed( 24/7), cant allow or listen to her suggestions as in what he says is final and she has to do it, he has also been forcing her to find a job, on top of it he is a person who is just negative towards life. to cut that short.

The girl wants to finish danish lesson before she can find a job, since she doesnt want to mess up later with the future as its a gurantee you have to be good in danish for you to get a job. Her first temporary residence expires next year in april, thereby she will prolong it again( probably they will give 2 more years as the rules have now changed) She is depressed and feels this is going to ruin her life, she is scared to go back home since it will be hard for her to cope up with life again.
On the brighter side, she had known a very nice family(germany man and african woman) the woman was her friend but she has since passed on (rip), she had known them for sometime and still in contact with the man, well the man is willing to maybe have a future with her if she would like, but first she will have to file for a divorce.

My questions are

1) If she for example files fr divorce immediately she get her second temporary residence for 2yrs) if she get granted does it mean that she has to leave Dk immediately (as in will the 2yrs be cut short)

2.)Practically A divorce will last for lets say 1 yr, if she can get it that time it means she still has one year more, can she use that to for example go to germany and remarry?

3) During separation she will have to move to germany( exploiting the schengen rule of free visit if you have a danish residence permit) and maybe often visit Dk efter every 4 months lets say for a week and then go back, can that work)

4.) When moving the address is it a must she has to have the other address in dk ( her then current aDdress in Dk)

5.) When filing for divorce is it a strong reason to say she is divoricing because of disagreements ,can she involve a lawyer( they disagree 24/7 but the man has never been physical, meaning he has never layed a hand on her.

ps: Remember the divorce is coming only after 2 years of marriage, she is doing this to save her life it was never her intention is just that things took the wrong direction and she is very stressed.



thanks for your inputs in advance

[mh1]

5) In DK anyone has a right to divorce and does not have to give any other reason than that they do not want to be married to this person anymore. See here for how to begin:
http://www.statsforvaltningen.dk/site.aspx?p=5466

4)-3) and 2) A divorce does not need to take a year. If the husband agrees to divorce, it will only take a few months. In some cases, though, if one spouse wants divorce because of having found someone else, the other spouse will obstruct the divorce, making it necessary to go to court. See 1)>

1) Her residence permit will be conditional of her still being married to the same person. Therefore it will be revoked when she divorces. Not immediately, but as you describe it she will not be able to show any good reason for it not to be revoked.
Therefore the going back and forth between DK and Germany will not be possible.

[NancyB]

Hi again.

First of all, thanks for your quicky response, i appreciate for myself and on behalf of rest of all other members who in one way or another have also used this forum to get the information they are in need of, from what you guys share. Keep up the good heart.

Maybe a few questions though:

1.)How long can it last before its revoked( the residence permit fx a 2 yr one)?

2.) Will one be expelled from going to europe just because of a short marriage course( 2 yr marriage)?

3.) Under divorce process can one use a friends adress and stay with a friend they know here in Dk.

4.) If one has filed divorce from denmark, can they travel out of dk while the case is being handled/should they tell the authorities that they are shortly out of the country.

Best of regards

Nancy

[NancyB]

she is sure he wont accept to divorce and therefore the separation first.

[mh1]

1) In principle a residence permit, which is conditional on marriage, can be revoked as soon as the spouses no longer live together. Until now the practice has been that it would not be revoked until the actual divorce. That practice may have changed.

2) No, but without residence permit you cannot remain in Europe. If you do not have a legal stay (residence permit or short-term visa) you cannot get married in DK, nor in Germany.

3) Probably.

4) Yes, as long as one still has residence permit. But since a contested divorce case will be a court case, one should inform one's lawyer and the court.

[NancyB]

Hello Mh,

Thanks once more for your inputs. now lets change the whole scenerio. she is from africa and has lived her for 2 years, meaning she has also been married for 2 yrs. and on her 3rd year in DK she files for divorce case....... moves out and lives fx. with another danish man i.e during the separation and the whole thing.... while the case is being handled and immediately she gets the divorce:
What happens if she gets married( with that other danish man) immediately and apply for residence afresh are there greater chances of her being accepted, under the process for reunification to stay in Dk, or its a must she has to go out of dk to carry out all this.

Ps; as according to the rules which she is not sure of it states that anyone from 3rd country married to a danish , if they divorces and wants to remarry again , she must have stayed here for atleast 3 yrs and ofcourse for atleast 1 yr in the marriage( which is a contradiction of her case as she has been married for 2 yrs and only been in Dk for 2 yrs so does it mean that she has a greater chance of being banned out of dk or the first marriage being termed as a proforma marriage. Remember apart from going to danish school there is nothing that she has done i.e job or anything to show that she has been active in the society.
Best regards

[uidroot]

[/quote]

1) In principle a residence permit, which is conditional on marriage, can be revoked as soon as the spouses no longer live together. Until now the practice has been that it would not be revoked until the actual divorce. That practice may have changed.

2) No, but without residence permit you cannot remain in Europe. If you do not have a legal stay (residence permit or short-term visa) you cannot get married in DK, nor in Germany.

3) Probably.

4) Yes, as long as one still has residence permit. But since a contested divorce case will be a court case, one should inform one's lawyer and the court.

Will the 1 apply to EU residents also? if you are no longer living together at same place?

[mh1]

@ uidroot, PLEASE do not mix EU-rules into a question that does not have anything to do with them. Your question has been answered multiple times. Do not troll!

@ NancyB - I do not know what you mean by a 3-year rule. There is no such.

There is a great risk that the second marriage will be seen as a marriage of convenience. The first will not retrospectively be declared a such.

In the past there have been people who have done app. as you describe, and have managed to get their second residence permit, but things are changing and I cannot say for sure that it will still be doable.

[Rock]

https://www.retsinformation.dk/forms/R0 ... ?id=137179

Familiemedlemmer med ret til at blive boende efter ophør af ægteskab

§ 15. En EU-statsborger, der har ret til at opholde sig her i landet som familiemedlem efter § 8, stk. 1, eller §§ 9-11, mister ikke retten til ophold ved hovedpersonens og dennes ægtefælles skilsmisse eller ophør af ægteskabet ved omstødelse.

Stk. 2. En tredjelandsstatsborger, der har ret til at opholde sig her i landet som familiemedlem efter § 8, stk. 1, eller §§ 9-11, mister ikke retten til ophold ved hovedpersonens og dennes ægtefælles skilsmisse eller ophør af ægteskabet ved omstødelse, hvis

1) ægteskabet ved begyndelsen af proceduren til skilsmisse eller omstødelse har varet i mindst 3 år, heraf mindst 1 år her i landet,

2) forældremyndigheden til hovedpersonens børn ved aftale eller afgørelse er overdraget til en ægtefælle, der er tredjelandsstatsborger,

3) der foreligger en særlig vanskelig situation, herunder som følge af, at ægtefællen har været udsat for overgreb, misbrug eller anden overlast i hjemmet, mens ægteskabet bestod, eller

4) ægtefællen ved aftale eller afgørelse har ret til samvær med et mindreårigt barn, og dette samvær skal finde sted her i landet.

Stk. 3. Opholdsret, der bevares efter reglen i stk. 2, er efter skilsmissen eller ophøret af ægteskabet ved omstødelse betinget af, at tredjelandsstatsborgeren er arbejdstager eller selvstændig erhvervsdrivende, eller at den pågældende råder over sådanne indtægter eller midler til sit underhold, at den pågældende ikke falder det offentlige til byrde, og at den pågældende tegner en sygeforsikring, der dækker perioden, indtil den pågældende opnår ret til ydelser efter sundhedsloven, eller at den pågældende er familiemedlem til en person, der opfylder disse krav.

***MIGHT BE IT WILL HELP YOU PLEASE READ POINT NUMBER 1***

[mh1]

@ Rock:
Det er reglerne for dem, der har ophold efter EU-regler. De er så vidt jeg kan se ikke relevante her.