Problems with immigration

[Marvic]

Hey folks
I need your help urgently, following is my situation and problem.

I am non-eu citizen and I came here as a student. After graduating I immediately got a job when i was in the 6 month extension period. But the job lasted 6 months and I lost the job due to lack of project in the company.

I was told by immigration to apply for extension of visa after I lost job. They would extend visa for 6 months and I had to find job within this period. But each time I apply on work basis, they send weird info. to my employer. Asking them to fill in forms and causing alot of inconvinience. Because of these things, employers are not happy to hire non-eu and as a result I thought about changing my visa to melfølgende spouse visa type since I am living with my partner for 3 years together.

I made the application and just after two month, now I have been offered another nice job. But the process of my melfølgende spouse application is on going and they calim it should take two months, but when i called after two months, they said it may take few more months. But they also mentioned that I can not work until I have got a reply from them about this application and it can take as much as 9 months.

If I wait so much, I would never get a job. So I would like to start with this job. I have lived here 4.3 years. Can anyone please suggest me how can I start this job safely without encountering any problems with immigration?

Best regards

[fundiver199]

What is the nationality of your spouse? EU, non-EU or danish?

[Marvic]

Hi
Non-EU but has permanent residency in Dk.

Thanks for reply.

[fundiver199]

How can you apply as "accompanying family" then? I would presume you need to apply for family reunification after the normal rules then.

[Marvic]

I can apply for Family reunification only when spouse has held permanent residency for a period of 3 years. My partner got it before 7 months, and therefore I was told to apply as accompanying partner.

[fundiver199]

Ok thats interesting. But it does not answer your question. If you have a job offer already, and your employer don`t like to wait for month, then you have to go through the prodecure of applying for a job related residence permit once again based on the current job offer. Even its inconvenient for your employer.

To be honest, I am not sure, if you are allowed to have 2 pending applications at the same time. So you might have to withdraw the "medfølgende familie" application first. You should ask Styrelsen for Fastholdelse and Rekruttering about this, before you apply.

Please report back their answer, so others can benefit from it.

[Marvic]

Thanks for reply.
I called immigration and they say that only thing I can do is wait for the application I have made and I shouldnt be working until I get the answer. I can not cancel and apply for work now, because regulations states that when you loose job - withing two days you have to renew your work permit under 6 months of extension. Instead of which I applied as accompanying spouse.

So what should I do inorder to continue working? My fear is that if I start job now, they may check with skat that I am working and deport me. But if I do not start job now, and wait all these months, I may not get job again as in my field if you are jobless for long period of time, you are outdated. So, I wonder, if I will be deported even if we are together for more than three years?

-__-

[fundiver199]

Its not legal nor advisable to work without a valid residence permit. And it sounds like, you only have a "processual" stay in Denmark at the moment. So I am afraid, you just have to wait.

[Marvic]

Hello
I have 2 more years of visa which i got under first work. I believe worst visa one can take is work visa in Denmark.