A rule which allows foreign nationals to stay in Denmark if they are unable to leave within 18 months of their asylum claims being rejected looks likely to be scrapped by the Danish government.
Under the rule, rejected asylum seekers who are unable to return to their home countries – despite being willing to do so – for 18 months can be granted a residence permit, if their immediate deportation is considered improbable.
Deportations from Denmark can be prevented by situations in home countries, for example a lack of diplomatic relations or a formal deportation agreement between the country and Denmark.
In practice, the situation occurs rarely, according to a Ministry of Immigration and Integration press statement released on Friday. Nevertheless, it is seeking to have the rule scrapped.
“This is a rule which is expensive to administrate in relation to the very few residence permits that end up being given,” Immigration Minister Kaare Dybvad Bek said in the statement.
“And it’s also about foreigners whose claims for asylum have been processed under all the right rules but who do not need protection. They do not have the right to be in Denmark,” he said.
In the statement, the ministry said it will publish a formal proposal to scrap the rule. The bill will initially go through a hearing phase before being voted on in parliament, in line with the normal legislative process.
In some cases, Denmark will still be required to grant residence permits in specific circumstances in accordance with the country’s international human rights obligations. That includes situations in which the foreign national is required to have a residence permit if, for example, they are seriously ill or have close family connections to one or more persons who live in Denmark.
Bek said he considers it “fair and sensible” to scrap the rule.
“I’m not going to pretend this is revolutionising immigration rules. But I think it’s the right thing to do as a matter of principle,” he said.
“It also means one less rule to administrate, allowing us to save a little bit of superfluous bureaucracy,” he added.
A total of 18 residence permits were issued under the rule between 2016 and June 2024, according to figures released by the ministry.
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