NEW RULES-ADVICE

[MARIA2010]

Hello Everyone,

Due to the very strict rules in Denmark, I just would like to ask your opinion or advice what to use,,, Danish rules or move to sweden.

I would also ask if I can avail the points needed to be in DK .

We are planning to get married in September 2011

HERBOENDE..

1. 44 yrs old- danish citizen
2. with 2 children - ages 14 and 10.
14 yrs old boy- will go to efterskole n August.
3. Has sole custody with the son and joint custody with a 10 yr old daughter.
4. Received kontanthjælp 2 years ago.
5. Has debts from the skat authority
6. Has work-not in a positive list
7. Own a house
8. Live in a non ghetto area.

APPLICANT....

1. 40 yrs old- from philippines
2. Graduated Bachelor of Business Administration-school not included in a top 4
3. Graduated Associate in Secretarial Administration
...school papers had been authenticated by the CIRIUS
4. Can speak english.
5. Passed Danish Language Prove Dansk 3. (took only 2 yrs night class, while working om dagen)
6. lived in DK from 2007 up to 2010.
7. Worked in Denmark- since 2008 to 2010-with pause- 15 months fultid and 10 months som afløser-
8. Been to DK as tourist last Feb-May 2011.
9. Me and my fiance lived together from Nov 2009 to November 2010.

Sir, I am asking for your advice because we dont have 100,000kr as bank guarantee and we also want to try to get dispensation because he has two kids.


Please help me evaluating above...

Thank you so much,

[Henrik S]

Hi Maria

In this case, where your danish fiancée has joint custody over a child (and has a son in the school age also), I would suggest you try to seek dispensation in Denmark.

Especially the case with joint custody is a well-known reason to be granted dispensation for family reunion in Denmark.
This dispensation also means, that you will not have to live up to other demands such as paying bank guarantee and application fees etc.

The only drawback is, that you will probably still only be able to get permanent permit to stay some time in the future. If you want to apply for danish citizenship some day, you will probably still have to live up to the vigorous point rules.

But also for the sake of the children, I think it would be the best way to go.

Regards
Henrik

[fundiver199]

I agree with Henrik. Because of the two children, it will probably be a violation of human rights to force your spouse to move to the Philippines to live his family live there. You should therefore be able to avail of a socalled dispensation or exeption. And this means, that you will only need to fullfill the requirement of not being in a marriage of convenience. Thats all.

It will be more difficult for you to achieve a permanent residence permit, compared to if you use the EU-rules. However the danish opposition is planning to loosen these rules, if they gain power at the coming election, and for the sake of your husbands children and to avoid all the trouble of moving to another country, I will suggest you to apply after the danish rules.

[MARIA2010]

Thank you Sir Henrik and Sir Fundiver for your excellent advice.

The important for me at this moment is to have a residence permit by using the Danish way. And I will do everything to fulfill all the requirements to be given a permanent residency in DK in the future. I just need to have a fulltime job for not less than 3 years and I will avoidto ask help (kontanthjælp) from the kommune.

Sirs, you said that we could apply for a dispensation? How? Do we need to make a letter and attach to the application for Family Reunification?

Thank you so much for answering all my queries.

I truly appreciate it-

[fundiver199]

It is explained in the application form. Just print it out and read it. It is called FA1 and can be found on www.nyidanmark.dk

[Sostoyalve]

I really liked this information.