Urgent Advice Needed - Divorce, SU and Perm. Residence

[Firefly]

Hi there,

I got few questions, which I hope some of you may be able to answer.

Short history: I am married to my husband for 4 years now, 2 of which we lived in UK, before moving to Denmark in 2011, where I got residence card based on EU Fam. Reunification. I continued my studies in Denmark and started receiving SU later that year. On top of that, I got a student job of approx. 20 hours a week. However, we are divorcing and before we proceed I would love if any of you could answer me some questions.

As I understand, I am able to keep my current residence card (and with it my SU I hope), if I can prove that I can support myself, based on being married for more then 3 years and of that, 1 year in Denmark, prior to divorce (section 15 and 32 of EU-opholdsbekendtgoerelsen) . Or, I can apply for registration certificate (I am from Croatia, which entered EU recently), as a worker and in case my EU Fam Reunification Card gets canceled, I can continue getting SU based on working. I assume it is the same if I apply as a student but work on the side? <-- I would love if someone could confirm this for me.

Lastly, I have questions regarding permanent residence.
If i keep my current residence card, can I apply for permanent residence after 5 years expire, based on it, despite being divorced?
Or, could I apply for permanent residence after 5 years of living in Denmark but, as it would be, 3 years on Fam. Reunification card and after that 2 years as a worker or eventually student - does it matter on which legal documents I was allowed to stay in Denmark for these 5 years, e.g., can it be mixed like this?

Hope this is not all too confusing and if anyone got ANY answers, I would highly appreciate it.

Thank you!

[fundiver199]

You have understood it all correctly. And after 5 years in Denmark (total), your EU-residence right will be unconditional. That is you can then only be expelled, if you represent a threat towards public safefy, order or health. Like if you are making plans to blow up the Central Station in Copenhagen etc.

Since you are now an EU-citizen yourself, your past marriage to another EU-citizen does not matter at all. You are no better or worse off, than if it had never happened at all.

[Firefly]

Thank you for the quick reply!

So basically, I can just apply for permanent residence card after 5 years, even if my Familiy Reunification gets revoked and I get registration certificate based on studying/or working.

I just thought it is a mandatory that I apply for permanent residence based on the previous residence card, thought it will present problems if a different kind is issued, in form of registration certificate for students/or workers and re-start the cycle of 5 years. But if mix works, that is absolutely great

And no, I have no plans to blow up anything hehe

Thank you again fundiver199, your are the best <3!

[Psalm12]

I just thought it is a mandatory that I apply for permanent residence based on the previous residence card,

It's different now since Croatia joined the EU in July 2013. You are no longer dependent on being married to an EU citizen.

[fundiver199]

You don´t apply for permanent registration card (RESIDENCE card is for non-EU family members only) based on your past registration card (or in your rather special situation residence card). You apply for permanent registration card based on the fact, that you have resided legally in Denmark for a consecutive period of 5 year.

In general it is never the CARD (be it registration og residence card), which gives you any rights. It is your status as an EU-citizen, or as a family member on an EU-citizen in itself, which give you these rights. And the card only serves to confirm, that you have these rights.

Therefore all, that will matter, when times come to apply for a permanent registration card, is the fact that you have stayed legally in Denmark for 5 years and been either a worker, a student or a self-sufficient person during all this time.

Which cards were previously issued or not is totally irrelevant. Had you been married to a danish citizen, you would probably have had a residence permit after danish law. And the time spend in Denmark on this would also count towards your 5 years for optaining permanent EU residence right.

One might suspect, that the clock would only start to tick from july 2013, when Croatia became a member of the EU. But the EU-court have already desided otherwise in cases involving citizens from some of the other countries, which have joined the EU recently.

All croatian citizens, who had lived in Denmark for 5 years or more on july 1. 2013, therefore aquired a permanent EU residence right in Denmark on that exact day regardless of, what kind of residence permit, they had had until that point. The only requirement is, that they have been a worker, student or self-sufficient person during the past 5 years and not been living on danish social welfare (kontanthjælp).

[fundiver199]

Anyway regarding your current situation, until you have stayed here for 5 years. Since your status has changed in more than 1 way, I think it will be prudent of you to go to Statsforvaltningen and apply for a registration card as an EU-citizen living on your own in Denmark. And since you are working more than 10-12 hours pr. week, you should be registrered as a worker.

[Firefly]

I will apply for a registration card as a worker asap, so I have another legal documentation of my residence here as EU citizen.

You people here are literally amazing, sometimes law can be confusing even when one spends days researching .

Again, thank you!