New Rules of Family Reunification

Parliament has today adopted new rules on family reunification. The rules will apply to all applications for family reunification which are filed on or after 15th May 2012.

There is in brief as follows:

• Abolition of the fee for application for family reunification - including applications for renewal, perpetual (permanent) residence permit revision and appeal against refusal of family reunification.
• Abolition of the points system under which a candidate must receive 120 or 60 points and re-entry of the original age requirements in force prior to 1 July 2011 so that it prospectively as a starting point will be a requirement that both spouses are at least 24 years.
• Reversal of attachment requirement for the form that the claim had prior to the first July 2011 to enable spouses prospectively collected needs to be increased - but not significantly higher - ties to Denmark than the spouses' aggregate ties with another country.
• Association is imposed not, if the resident spouse has held Danish citizenship for 26 years or if the resident's spouse is a foreign national who was born in this country or came here as a small child, and she has resided in Denmark for 26 years. Previously, a 28-year rule applies.
• Abolition of immigration test and introduction of a test in Danish, which will be issued within 6 months after the applicant is granted to family reunification.
• Establishment of economic security from DKK 100,000 to DKK 50,000

There will be from 15 May 2012 be detailed information about the rules for family reunification and provide relevant guidance in the revised application forms here on nyidanmark.dk.

An application for family reunification submitted before 15 May 2012, can be treated under the new rules for family reunification if the applicant notify the Immigration Service. A fee paid will not be recoverable.

With the adoption of these amendments will apply to applications submitted from 15 May 2012 is usually a whole will be asked the following conditions for family reunification:

Requirements for both spouses:

• The marriage must be recognized - even by Danish law.
• For unmarried couples living together should have been fixed and long-term - usually you should be able to demonstrate a minimum of 1 ½ years of living together on shared address. Marriage shall be concluded and cohabitation established at both parties' own desire. Marriage shall be entered or cohabitation established with the purpose of obtaining a residence permit

Requirements for the foreign spouse:

• The foreign spouse must be at least 24 year.
• The foreign spouse must fulfill his part of the attachment requirement
• The foreign spouse must within 6 months after being granted a residence permit to pass a test in Danish.

Requirements for spouse already living in Denmark:

• The spouse must be at least 24 years
• The spouse must not within the last 10 years have been convicted of certain criminal offenses against a former spouse or partnerThe spouse must undertake to provide a foreign partner
• Spouse shall, if he is a foreigner and have no residence permit under § 7 and 8 (refugees) have perpetual (permanent) residence permit for more than the last 3 years
• Spouse shall, if he is a foreigner, meet some of the existing conditions to obtain perpetual (permanent) residence permit in DenmarkThe spouse must meet its part of the attachment requirement
• The spouse must be self-supporting - that is to say that he is not within the last 3 years has received benefits under the Act on Active Social Policy Act or
• The spouse must have his own dwelling of reasonable size
• The spouse must provide financial security of 50,000 to cover possible future costs for assistance under the Act on Active Social Policy Act or to the foreign spouse

There will continue to be lowered in some cases.
You are welcome to contact the Immigration Service on 35 30 88 88 if you have questions about the new rules on family reunification.

If you want concrete decision as to whether the conditions for the permit are met, you must submit an application for family reunification. If you use the application form FA1, located under "forms", then we have basically the information that we need to process the application.

Source: www. nyidanmark.dk