Are you at risk of having your family reunification residence permit revoked? This may be the case if you are facing a divorce or relocation from your spouse. It is important that you contact a lawyer to assess the risks and your options for maintaining your residence permit.
There are two basic conditions that must be met when you have a residence permit in Denmark as a spouse:
- You must still be married or cohabiting with the resident
- You must continue to live at the same residence as your spouse
If one of these two conditions is no longer met, theDanish Immigration Servicewill initiate a withdrawal proceeding or initiate this with your next application to extend your residence permit.
You will receive a letter from the Immigration Service with the headline: "We are considering revoking your residence permit". The Danish Immigration Service will enclose a so-called § 26 form, which you must complete within 3 weeks. Once this has been sent, the Immigration Service will send you a decision stating that you must either leave Denmark or you can stay in Denmark.
It is important that you contact an immigration lawyer as soon as possible after receiving such a letter, or if you are considering moving out of your shared address or considering filing for divorce. We have lawyers specializing in these cases and can help you with an assessment of your case and your options for maintaining your residence permit.
Our immigration lawyers will make a concrete assessment and collect relevant information and documents, after which the lawyer will prepare a letter reviewing your personal circumstances and argue that you should keep your residence permit with reference to your connection to Denmark.
LEGAL FEES
You can see an overview of all our prices here.
Often the case will take 6 months to 1 year at the Immigration Service and then there is a case processing time at The Immigration Board.
You must pay a deposit of DKK 6,000 before we can start our work. This will be deducted from the final price.
Why you should choose one of our lawyers
- We specialize in the field of immigration law.
- Our lawyers have extensive experience with these cases and have insight into changes in law and practice
- We advise you throughout the process so you are always up to date
- We have conducted a large number of cases and therefore have an overview of what it takes to win the case
Can I stay in Denmark?
The Danish Immigration Service must make an assessment of whether a revocation would be particularly burdensome for you. The assessment is based on an assessment of your connection to Danish society, including:
- How long you have stayed in the country
- Whether you have taken Danish tests and education
- Whether you have done any work during your stay
- If you have children and their ages
- Your age, health and connection to your home country
- Whether you can generally be considered well-integrated
We have extensive experience in this area and often see our clients obtain their own independent residence permit after a process of divorce or relocation from shared residence.
If the Immigration Service revokes your residence permit, you can appeal to the Immigration Board. It is important that you appeal as soon as possible and within 7 days of the decision, as it is possible to obtain a so-called procedural stay (suspensive effect). This means that you may be allowed to stay in Denmark while the appeal is pending.
Many misconceptions and rumors about the revocation of family reunification residence permits
We often hear questions like:
- Can my spouse arrange for me to be deported from Denmark?
- Am I forced to stay with a spouse who treats me badly?
- Can I keep my residence permit if my spouse has been violent?
- Can I keep my residence permit if I have had a permanent job for 2 years?
- If I have children in Denmark, am I protected against having my residence permit revoked?
Our lawyers can advise you on how to proceed in your specific situation. The sooner you contact us, the better chance we have of helping you in the best possible way.
Contact one of our experts regarding the revocation of residence permits for family reunification.
Indehaver