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RESIDENCY PERMITS

Denmark to ease family reunification rules for Danes with foreign partners

Immigration rules are to be eased so that Danish nationals moving back home after spells living abroad will face fewer obstacles if they have foreign spouses and children.

Denmark to ease family reunification rules for Danes with foreign partners
Denmark is to adjust rules relating to family reunification between Danish nationals and foreign partners. Photo by Krzysztof Kowalik on Unsplash

The decision, announced on Thursday evening in a statement from the Ministry of Immigration and Integration, also means that a language requirement will be eased for Danes who apply for family reunification for their partners.

That comes after a number of reports told of absurd individual cases whereby a family reunification was refused because the Danish partner – born, raised and schooled in Denmark – failed to meet a Danish language requirement despite Danish being their mother tongue.

The new rules will require the Danish partner to have worked for 30 hours a week for five years in a job where the working language was Danish.

The wording of the current rules means that early school leavers often found their applications rejected based on the language requirement.

READ ALSO: Danish family reunification rules panned in report as Danes fail language test

A new opholdsordning or “residence scheme” will allow returning Danes to bring their families with them based on the same rules which are currently applied to foreign nationals granted work permits in Denmark.

The coalition government had signalled its intention to adjust family reunification rules after taking office 12 months ago.

In the statement released late Thursday, Immigration Minister Kaare Dybvad Bek said immgration rules “should not be silly”.

“When it is harder for a Danish citizen with an attractive job offer to bring their family to Denmark than it is for a foreigner, that suggests the rules aren’t working as intended. We are going to change that,” he said in the statement.

“We have seen too many examples of Danish men who could not bring their foreign spouse here because the Danish men could not document their Danish proficiency. That is despite them having Danish as their mother tongue and having worked at Danish-language workplaces for years,” he said.

The minister also said the existing rules are intended to ensure foreign nationals who move to Denmark learn sufficient Danish before being permitted to bring their families with them.

The Danish rules apply to spouses who are not citizens of EU countries. EU citizens can move to Denmark with their partners under EU free movement rules, as can couples who have lived in the EU for a certain amount of time, gaining EU residence rights before moving to Denmark.

Other existing family reunification criteria, including the controversial “bank guarantee” in which couples must deposit a large lump sum with authorities, are to be retained, the ministry said.

“We must hit the right balance so the rules don’t have an unintended effect, but we should also not open the gates. I think we’ve found that balance now,” Bek said.

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FAMILY

New Danish rules on bringing foreign spouses to apply ‘at point of decision’

Anyone whose application to come to Denmark to join a Danish partner is still outstanding when new rules come into force on July 1st will be treated under the new rules, the Danish Immigration Service has confirmed.

New Danish rules on bringing foreign spouses to apply 'at point of decision'

This means that they will only have to deposit 57,000 kroner in an account for their local municipality, rather than 114,000 kroner under the existing rules, and also means the Danish partner will not have to prove they have reached Danish 3 or higher in a Danish test if they have worked in Denmark full time for five years or more. 

The new rules, which make small but still significant changes to Denmark’s draconian system of family reunion for spouses, are set for their final vote in the Danish parliament on May 30th.  

READ ALSO:

“If the proposal is passed, the new rules will come into force on 1 July 2024,” the service said in a press release. “However, it will also be possible to have an application submitted before this time processed under the new rules when they come into force.”

In the press release, the service said that it planned to contact those who have already submitted applications under existing rules to ask whether they wanted to delay a decision until after the new rules have come into force. 

It also said that people whose applications for family reunion were refused before the proposal was presented to the Danish parliament on April 11th, either because they could not meet the financial guarantee or because of the language requirement, would be able to submit a new application after the rules come into force on July 1st. 

Many spouses who have moved to Denmark under the existing rules still have more than 100,000 kroner sitting in a bank account reserved for the use of their local municipality should they become unemployed, or require other support. 

The Local is waiting for clarification from the agency over whether they can now withdrawn some of the funds — in some cases as much as 57,000 kroner — so that the amount reaches the lower level of 57,000 kroner stipulated in the new rules.  

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