MATERNITY LEAVE

[Emily og Jacob]

Hi everybody

I applied for family reunification in beginning of february and finally got it in end-August. When I applied we had just found out I was pregnant. I wanted to get work in Denmark badly and had several opportunities but because we were waiting for our case to be processed I was told to my frustration that I wasn't allowed to take on any work.
Now it is september and I just gave birth to a beautiful boy, but since I have only had my "opholdstilladelse" for around a month it is just impossible for me to have worked the 13 weeks that it is required before birth. Impossible because the government didn't allow me to and because of the timing of our birth and how long the processing time was on our application.

1) Do I have any option of getting some kind of maternity leave? I read that I can get "integrationsydelse" instead of "barsel", but I dont want to apply if that weakens my chances of keeping my "opholdstilladelse" or to prolong it or is just not allowed?

2) It feels very frustrating as I was more than ready to find work already in february but just wasn't allowed to. Why would the government want to prevent me from working and thereby paying taxes?

3) If any of you have good advice of if and how I can get "barselsorlov" or "integrationydelse" instead? or maybe it is just not possible as a "familiesammenført" who hasn't worked for 13 weeks before birth to get anything ?


4) Fædreorlov/Forældreorlove"- My husband is danish and "selvstændig" with "enkeltmandsvirksomhed" but earns enough so he can get fædreorlov at the highest rate. He has also been told that the "forældreorlov" that we can share will be all his as I am not eligible to any of it. Is that also true or could he give me some of that?

If anyone knows anything or who to call, we would appreciate it greatly!

Thanks a lot
Emily, Jacob and little baby Noah

[skaanebo]

1: No, not unless you have worked previously in Denmark.

2: You were free to work in your home country while waiting for being granted a Danish residence permit. You have no rights in Denmark while not possessing such a residence card. It is the policy of the government that people who wish to move to Denmark, should apply for this in their home country before coming to Denmark. It's only a curtesy that the government actually let you apply and remain in Denmark while waiting for the residence permit to be granted.

3: If you apply for any kind of social welfare of this kind, you risk losing your residence permit.

4: Yes, your husband is entitled to those benefits because he has worked in Denmark previously. As for the possibility to transfer some to you, you will have to inquire at the agency that administers this.

[DortheM]

You should not apply for integrationsydelse, as that will prevent you from getting an extension to your opholdstilladelse and it could maybe jeapardize the one you already have.

[Emily og Jacob]

Hi skaanebo and DotheM,

Thank you so much for your fast answers. Too bad that there isnt a way, but I understand. Just wanted to make sure that we werent giving up on some help if we were somehow eligible for it. One last things though, I have heard that as woman you actually do have right to get some support because of equality laws, that bypasses other laws. Something a long the lines that you can get social welfare that won't count as social welfare as it may because of the equality laws count as "barsel". Does that ring a bell?

Too be honest I dont fully get it. So maybe it is nonsense what I wrote. Just wanted to check with you guys

[DortheM]

Take a talk with your sundhedsplejerske (the children nurse who visits you). She will know if there is some way to get economic help now that you got Noah.

You can also contact Mødrehjælpen which is an organization helping families in need of help. They have offices in most bigger Danish towns.

You will get børnepenge every 3 months which is a nice amount (IMO), especially in the beginning when the child does not need a lot of things.

Then if you start working within 6 months while your husband takes the forældreorlov, your economical situation will be easier. Some Danish mums also work while caring for their baby. Some run webshops, some do other kinds of work at home. So depending on your education and abilites there are options available in your situation.

When Noah is a bit older there is the option to have a 2 child daycare (privat dagplejer) where Noah is one of the children you care for. Your sundhedsplejerske knows how old Noah will have to be, for you to be eligible for being a privat dagplejer.

Hope you find a way to manage.

[evc]

I would be extremely careful with these benefits. The nurse is not a lawyer and she might recommend a benefit that stops you from getting your residence renewed. And remember: all of these benefits are available to you. If you walk to the commune you step out receiving them. It's not like they are blocked to you. However you'll only find out it was a bad idea when you are to renew your permit. I have seen at least two do that.

Make no mistake: The government does not care if your kid is half danish and you are the mother. They will send you home in the slightest possibly.

Life is harder without these benefits, yes, but I would stay away from any possible help from the government, specially being an immigrant. Tomorrow they might pass a law that you are not aware of and might complicate your situation later. If your husband can support the family alone for a while, so be it.

Have in mind that these are politicians. They work on impulse, some of them adopting populists moves. Logic and compassion is far away from their vocabulary.

[patriklk]

I would be extremely careful with these benefits. The nurse is not a lawyer and she might recommend a benefit that stops you from getting your residence renewed. And remember: all of these benefits are available to you. If you walk to the commune you step out receiving them. It's not like they are blocked to you. However you'll only find out it was a bad idea when you are to renew your permit. I have seen at least two do that.

Make no mistake: The government does not care if your kid is half danish and you are the mother. They will send you home in the slightest possibly.

Life is harder without these benefits, yes, but I would stay away from any possible help from the government, specially being an immigrant. Tomorrow they might pass a law that you are not aware of and might complicate your situation later. If your husband can support the family alone for a while, so be it.

Have in mind that these are politicians. They work on impulse, some of them adopting populists moves. Logic and compassion is far away from their vocabulary.

Is this the case both when applying with EU rules and Danish rules? That using maternity leave and other benefits can hurt your chances of renewing the residence card/permit.

[skaanebo]

If you use EU rules it depends on which basis the residence card was given.

[patriklk]

If it's on the basis of employment, is getting maternity leave benefits for both of us ok?

[skaanebo]

If you have been employed in the other country before moving to Denmark, you are entitled to all the same benefits as a resident Dane.