Help Please

[uidroot]

One more question, do my partner who is EU living in Denmark needs to be a resident in sweden for us to marry?

[skaanebo]

No, your partner only needs to reside in Sweden if you wish to apply for a residence card by reason of marriage.

[skaanebo]

Have you looked into the possibility of getting a certificate from Denmark that says you are unmarried? That should be acceptable as documentation for the Swedes. And if you need documents from India, can't the Indian embassy assist you?

[fundiver199]

I have read the decision now. You have been in Denmark on a greencard, which could not be extended because of insufficient amount of work. This decision can be appealed, but an appeal does not have postponing effect on the decision, unlike if you had some other kind of residence permits.

Therefore the now expired greencard residence permit does not constitute "legal residence" in the law about marriage in Denmark, even if you file a complaint about the decision within 8 weeks.

So on this basis you can NOT get married in Denmark without first leaving the Schengen area before your deadline, which is in early may, and then come back on a "fresh" Schengen visa.

In theory you could go to any place outside Schengen and apply for a visa there, eg. UK, Tyrkey and so on. And since you were in Denmark on a residence permit, you might not need to wait 90 days before entering.

I am a bit unsure however how all the time, which have passed between the expiration of your residence permit and the decision to not extend it, will be considered. This time, which is more than an entire year, might be counted as non residence permit days. And in that case you WILL need to remain outside Schengen for 90 days before reentering.

There might be another possibility though. If you have cohabiteted with your EU girlfried for at least 18 month, then you actually already have EU residence right in Denmark without even getting married. And then you also have "legal residence" for marrying here.

You can in that case either marry, if you still wish to do so. Or you can skip this step and apply for an EU-residence card at Statsforvaltningen on the basis of your cohabitation with your EU girlfriend.

Below I have posted a link to the official guide about "legal residence" as a requirement for getting married in Denmark.

https://ast.dk/filer/born-og-familie/ve ... teskab.pdf

[uidroot]

Thanks for the reply. Do we need some proof that we are in cohabiteted in past 18 months? how can I apply for this "And then you also have "legal residence" for marrying here." I also considered going to Sweden and marry there. Do we need live there before getting married and once we got married can I can come back and apply for residence card without going back?

Regards

[uidroot]

No, your partner only needs to reside in Sweden if you wish to apply for a residence card by reason of marriage.

So she doesn't need to work or study in Sweden before we go there and marry.

[skaanebo]

As I wrote: no.

[fundiver199]

Yes you need to prove your cohabitation. A printout from Folkeregisteret showing, that you have had the same adress for at least the past 18 month, should be sufficient proff. If you show this to the municipality along with the guide, I have given you a link you, they will be able to issue a prøvelsesattest to you, so that you can get married.

Similarly you can attach this printout and present it as an appendix, if you apply for EU residence card at Statsforvaltningen without being married.

If you have stayed with your girlfriend for at least 18 month and this has been officially registered at Folkeregisteret, it is all really very simple.

If not you will have to leave the Schengen area and come back again some other time.

[mh1]

You have not told us whether your girlfriend is Danish or from another EU-country?

[fundiver199]

As I understand it, she is from another EU-country. But of course, if she is danish, then that will change everything. And unfortunatly for the worse.

[uidroot]

Yes you need to prove your cohabitation. A printout from Folkeregisteret showing, that you have had the same adress for at least the past 18 month, should be sufficient proff. If you show this to the municipality along with the guide, I have given you a link you, they will be able to issue a prøvelsesattest to you, so that you can get married.

Similarly you can attach this printout and present it as an appendix, if you apply for EU residence card at Statsforvaltningen without being married.

If you have stayed with your girlfriend for at least 18 month and this has been officially registered at Folkeregisteret, it is all really very simple.

If not you will have to leave the Schengen area and come back again some other time.

what if i can the documents required fro my embassy and go to sweden and marry.Do I still need to leave

[uidroot]

You have not told us whether your girlfriend is Danish or from another EU-country?

She is from Latvia

[fundiver199]

If you can get married anywhere in the world and present a valid marriage certificate to danish authorities, you will have an EU-residence right in Denmark, as long as your wife live here and have EU-residence right herself.

[uidroot]

Thank you very much. we will go to Sweden and get married there. Is there any best place in Sweden to get married? Do we need to notify them before we go there or we can just walkin and submit the docs and get married. Also we need to live there to get the certificate or they issue there and then. Thanks ever so much for all the info.

[uidroot]

If you can get married anywhere in the world and present a valid marriage certificate to danish authorities, you will have an EU-residence right in Denmark, as long as your wife live here and have EU-residence right herself.

Do you by any chance are aware if the local kommune in Denmark issue Hindersprövning if we are living in the kommune for the past years.

Regards