In 2017, 472,994 were admitted to the EU-25 on grounds of family reunification, amounting to 28% of all first permits issued to third-country nationals in the EU-25 2 . In 2017, 472,994 were admitted to the EU-25 on grounds of family reunification, amounting to 28% of all first permits issued to third-country nationals in the EU-25 2 . Under Community law, family reunification is an actual right of the families who live within the EU. You and your family members may move to the UK or to an EU country under the current EU rules until 31 December 2020. Accounting for approximately 30% of all permanent flows towards the EU, family reunification constitutes an integral part of the Union's policy on migration.In regulating the issue, the EU legislator had to strike a balance between protecting external borders and safeguarding human rights, as mandated in articles 2, 3, 6, 21 TEU, and 67 TFEU. It advises Member States in their implementation of the Directive in order to achieve a more consistent policy and practice across the EU. It should be noted that in Danish legislation same-sex (registered) partners and cohabitating partners are equal to married spouses. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. CHAPTER 3. In the EU, check with your host country’s authorities as soon as possible if it is mandatory to apply for a new residence status. If you are a non-EU citizen married toRead more Nevertheless, in general more favourable provisions (such as a wider definition of family or unrestricted access to the labour market) appear to apply to the TCN family members of non-mobile EU citizens. It would be different if the third-country national were a family member of an EU citizen. Not under EU law, since Denmark does not apply the EU's long-term residence Directive. I want to move to the UK/EU. You can live and work in Denmark. The contact form is based on the questions that are included in the application for family reunification according to EU rules. If you wish to do so, you should apply at the Immigration Service. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. It is an entry channel enabling those who already reside legally in a Member State (referred to as sponsors) to be joined by their family members. There are special, more favourable rules applicable if the sponsor is a refugee. Some people then choose to migrate back to Denmark, where they can seek family reunification under the EU law, because they came from Sweden. If your spouse is an EU citizen, he or she will be able to register in the EU independently. Under Community law, family reunification is an actual right of the families who live within the EU. It would be different if the third-country national were a family member of an EU citizen. This is … Other EU legal texts 32 CHAPTER 4. *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. This represents a step further in comparison to the general standard of protection of human rights of the international instruments, especially comparing to the case law of the European Court of Human Rights. The immigration laws in Denmark are one of the most strict in Europe. General legal principles 33 4.2. Provided that certain conditions are met, family reunification can be granted to: Spouses, registered partners and cohabiting partners. In 2011-2012, a broad public consultation on family reunification took place to gather opinions from stakeholders and decide on the policy follow-up. See the conditions for family reunification for spouse/partner according to EU rules here. If your child is an EU citizen, you will be able to register in the EU independently. The result of this is that a group of danish people choose to migrate away from Denmark every year. The Directive on the right to family reunificationestablishes common rules for exercising the right to family reunification in 25 EU Member States (excluding Ireland and Denmark). Feb 2003, 09:40 . While EU law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences remain, among others, as regards family reunification in If you are not an EU citizen but would like to join a member of your family who is an EU citizen, a different set of rules will apply to you and your relatives. As a result, in April 2014, the Commission adopted a Communication on guidance for application of Directive 2003/86/EC on the right to family reunification. Visit the Your Europe Portal for more information. You are allowed to stay in Denmark while your application for family reunification is on process, provided that you still have a valid visa by the day you submit the application. In addition, as an EU Member Country the Czech Republic was required to transpose EU Directive 2003/86/EC on the Right to Family Reunification into national law by October 3, 2005. If you are a non-EU citizen married toRead more (2017) Common Market Law Review, volume 54, issue 1, pp. While EU law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences remain, among others, as regards family reunification in A major part of immigrants to Europe do so through family reunification laws. If the children are EU citizens, you must read more about this under EU registration. Children under the age of 15. The contact form is based on the questions that are included in the application for family reunification for children. Just make sure you have all the requirements ready after the wedding so you can apply immediately. Member States may choose to authorise reunification with an unmarried partner, adult dependent children, or dependent parents and grandparents. The child can either be your own or your spouse’s/partner’s child who will also move to Denmark together with you. Charter of Fundamental Rights 30 3.2. In the text below, CROSS-CUTTING PRINCIPLES CONCERNING REFUGEE AND MIGRANT CHILDREN 33 4.1. In many Member States, family reunification accounts for a large share of legal migration. Back to Top That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. Requirements for Family Reunification Scheme a) […] Finally, threat to public order, public security or public health can lead to rejecting the application. FAMILY REUNIFICATION IN EU LAW 30 3.1. Our arguments for the appeal were based on exceptional grounds emanating from EU rules and EU Court Judgements. You can either apply for family reunification according to the Danish national rules or according to the EU rules depending on which conditions you meet. 263 - 280 After a maximum of five years of residence, family members may apply for an autonomous permit. The Family Reunification Directive only applies to legally residing third-country nationals who ask to be reunited with third-country national family members. Introduction. We have read of many cases over the media where based on decisions from the Immigration services for family reunification, non-EU parents of Danish children are sent out of Denmark, despite the fact that the children are evidently dependent and emotionally attached to the non-EU parent. If you also have a spouse with foreign nationality who is to apply to join you for the purpose of family reunification, your spouse and your children can apply at the same time and have their applications processed together. EU Family Reunification Directive 30 3.3. Family reunification according to the Danish rules is for you if you live in a third country (meaning outside of the EU/EES) and have family members from a third country who you would like to bring with you to Denmark to take up residency. If you have immediate family members in Denmark, you can apply for a residence permit on the grounds of family reunification. According to the law of 15 December 1980, EU nationals can settle in Belgium with other EU family members under certain conditions. Read more under EU and Nordic Citizens. If you have lived together in another EU nation for more than 6 months you can apply for family reunification under EU law. Therefore, we recommend that you read the conditions for family reunification for children before you complete the contact form. #livingindenmark #gettingavisatoliveindenmark #familyreunificationdenmark Hi! Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. show submenu for "Legal migration and Integration", Cooperation with Economic and Social Partners, Directive on the right to family reunification, Communication on guidance for application of Directive 2003/86/EC on the right to family reunification. Denmark is not bound by the Family Reunification Directive. Member States may ask third-country nationals to comply with integration measures before or after arrival. Foreign nationals under the age of 15, who have a parent or parents living in Denmark can be eligible for a residence permit in Denmark, provided a series of conditions are met. This means all countries outside of the EU. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. They may require the sponsor to have adequate accommodation, sufficient resources and health insurance, and impose a waiting period of no more than two years. EU Dublin Regulation 31 3.4. Therefore, we recommend that you read the conditions for family reunification before you complete the contact form. Member States may impose some conditions before allowing family reunification. The contact form is based on the questions that are included in the application for family reunification. Some of the questions may be complicated. This includes non‑EU family … Read more under EU and Nordic Citizens. If you want to apply for equal status with Danish citizens according to this rule, you must meet these two conditions: You must be married to an EU/EEA citizen. Family reunification helps to create socio-cultural stability, facilitating the integration of third-country nationals residing in EU Member States, thus promoting economic and social cohesion – a fundamental EU objective. If you wish to do so, you should apply at the Immigration Service. Judges at the European Court of Justice (ECJ) in Luxembourg on Wednesday (10 July) ruled that Danish restriction laws preventing a legally-resident Turkish national from bringing his wife to Denmark were unjustified. The information contained here is based on the updated (2020) Danish rules on family reunification, and my personal experience as an applicant in 2019 and now a resident. You can apply for equal status with Danish citizens if you are married to an EU/EEA citizen who is a worker in Denmark under EU law If you want to apply for equal status with Danish citizens according to this rule, you must meet these two conditions: You must be married to an EU/EEA citizen. Family reunification according to EU rules is for you, as a Danish citizen (and thus a EU citizen), who has lived in another EU country than Denmark together with your spouse who is not an EU citizen. Sponsors can bring their spouse, minor children and the children of their spouse to the country in which they are residing. You must have lived together with the child in another EU country for 1.5 – 2 years in order to have used your right to free movement and thus make use of the EU rules for family reunification in Denmark. Some of the questions may be complicated. This includes non‑EU family … The Directive on the right to family reunification establishes common rules for exercising the right to family reunification in 25 EU Member States (excluding Ireland and Denmark). *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. The rule has four requirements Our arguments for the appeal were based on exceptional grounds emanating from EU rules and EU Court Judgements. Family reunification according to Danish rules Spouse/partner. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. DK-1150 Copenhagen K. Click here and sign up for our Newsletter. Many countries in Europe have passed laws in recent years to limit people's ability to do so. Judges at the European Court of Justice (ECJ) in Luxembourg on Wednesday (10 July) ruled that Danish restriction laws preventing a legally-resident Turkish national from bringing his wife to Denmark were unjustified. In keeping with Danish tradition there are at least 7 types of application packets related to the Family Reunification visa so carefully choose the one relevant to you. Polygamy is not recognised, which means that only one spouse at a time can benefit from the right to family reunification. Family reunification under the Dublin III Family reunification of children. Family reunification according to the Danish rules is for you if you live in a third country (meaning outside of the EU/EES) and have family members from a third country who you would like to bring with you to Denmark to take up residency. However, Denmark requires an integration capacity assessment for children over 8 years, whilst in Germany such a requirement applies to children over 16 years. Other rules apply to family members of EU citizens (more information on family members of EU citizens who accompany or join them in another EU country than that of their nationality can be found here). Family reunification of children. Read more about family reunification for Danish citizens under EU law. It would be entirely up to Danish law to decide on this situation. Danes Worldwide I want to move to the UK/EU. See the conditions for family reunification for spouse/partner here. Denmark. Foreign nationals under the age of 15, who have a parent or parents living in Denmark can be eligible for a residence permit in Denmark, provided a series of conditions are met. Where to apply: Denmark Family Reunification Scheme allows you to apply for the residence permit if your relative or family member is living in Denmark. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. Therefore, we recommend that you read the conditions for family reunification according to EU rules before you complete the contact form. If you are living abroad and are considering moving to home to Denmark together with your foreign members of your family, you must apply for family reunification. The 24-year rule is the popular name for a rule in Danish immigration law §9. Your spouse or partner therefore does … Some of the questions may be complicated. The following text explains the family reunification rules under EU law (the Family Reunification Directive). The first report on the implementation of the Directive, issued in October 2008, has shown a relatively low impact, partly due to the high degree of discretion given to Member States when setting the admission conditions. Family reunification under the standstill clauses of EU-Turkey Association Law: Genc Idriz, N.F. Synthesis Report – Family Reunification of TCNs in the EU plus Norway: National Practices . We have read of many cases over the media where based on decisions from the Immigration services for family reunification, non-EU parents of Danish children are sent out of Denmark, despite the fact that the children are evidently dependent and emotionally attached to the non-EU parent. It’s better to be safe than stressed after your big day. There is nothing wrong in that. If you are planning to move to Denmark together with your children who are not Danish citizens, you must apply for family reunification. It is meant to cut down forced marriages and family reunification immigration.. Immigration through family reunification is recognized by Argentina’s Law 25871 on Migration (Ley de Migraciones). OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. Hope this helps! You can apply for equal status with Danish citizens if you are married to an EU/EEA citizen who is a worker in Denmark under EU law. By having lived in another EU country for 1.5-2 years, the Danish spouse has exercised his or her right to free movement together with his or her spouse and may therefore move to Denmark together with the spouse in accordance with the EU rules. This Scheme allows the spouses, registered partners, de-facto partners and dependent children to accompany their spouse or parents in Denmark. The Directive applies equally to family relationships established before and after the sponsor arrived in the Member State. Europe's top court has delivered a blow against Denmark's tough family reunification laws, in a case that is likely to cause headaches for its new left-leaning government. Back to Top. See the conditions for family reunification for children here. Thus, Denmark’s response to the Green Paper will focus on the Danish legislation and practice regarding family reunification. This only applies to children who are third country citizens. For the past 20 years, family reunification has been one of the main reasons for immigration into the EU. Many people choose to move across […] Not under EU law, since Denmark does not apply the EU's long-term residence Directive. You and your family members may move to the UK or to an EU country under the current EU rules until 31 December 2020. Once admitted in the Member State, family members receive a residence permit and obtain access to education, employment and vocational training on the same basis as the sponsor. If a member of your family is living in Brussels and you wish to rejoin him/her, this is possible thanks to the family reunification procedure. The law and regulations can seem challenging during a danish family reunification, and mistakes can have serious consequences. Denmark – In the case of marriage, Danish law requires both spouses to be at least 23 1/2 years old. Family reunification for children is for you, as a Danish citizen and thus an EU citizen, who has lived in another EU country than Denmark together with your child who is not a EU citizen. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. If your spouse or partner is a non-EU/EEA/Swiss citizen and has been granted a residence permit as an accompanying family member to a non-EU/EEA/Swiss citizen, he or she has already been granted the right to work in Denmark. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. The Directive applies equally to family relationships established before and after the sponso… Read more under EU registration. Family reunification can be refused for spouses who have not reached a required age – which can be 21 years at the highest. Read more under EU registration. In many Member States, family reunification accounts for a large share of legal migration. This represents a step further in comparison to the general standard of protection of human rights of the international instruments, especially comparing to the case law of the European Court of Human Rights. Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is an EU law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. The European Court of Justice has underlined (for instance in case C-540/03) that Member States must apply the rules of the Directive in a manner consistent with the protection of fundamental rights, notably regarding the respect for family life and the principle of the best interests of the child. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. The information contained here is based on the updated (2020) Danish rules on family reunification, and my personal experience as an applicant in 2019 and now a resident. In the EU, check with your host country’s authorities as soon as possible if it is mandatory to apply for a new residence status. 67 Købmagergade 2nd floor That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. Family migration to Denmark is permitted under chapter 1, section 9, of the Udlændingeloven (Alien Act). Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. Europe. In all EU Member States, children can be beneficiaries in family reunification procedures without any minimum age requirements. Qualifying family members include spouses, parents, minor unmarried children, and adult disabled children.Both nationals and permanent residents are entitled to request immigration to Argentina for qualifying family members under a family reunification visa. Many of the above-mentioned conditions cannot be imposed if the family relationship existed already before the refugee arrived in the Member State, or they can only be applied in certain circumstances. Many people choose to move across the bridge to Sweden where they can seek family reunification under the Swedish laws, where there are less conditions and terms. The Danish government has now responded to the ruling with its interpretation of the court’s decision and plan for acting upon it. In order to prevent abuse, consequences in the event of fraud as well as marriage, partnership or adoption of convenience are also foreseen. It would be entirely up to Danish law to decide on this situation. 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