It advises Member States in their implementation of the Directive in order to achieve a more consistent policy and practice across the EU. For the past 20 years, family reunification has been one of the main reasons for immigration into the EU. Some of the questions may be complicated. 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. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. If you are a non-EU citizen married toRead more Polygamy is not recognised, which means that only one spouse at a time can benefit from the right to family reunification. FAMILY REUNIFICATION IN EU LAW 30 3.1. 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. Feb 2003, 09:40 . Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. Provided that certain conditions are met, family reunification can be granted to: Spouses, registered partners and cohabiting partners. 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 Member States may choose to authorise reunification with an unmarried partner, adult dependent children, or dependent parents and grandparents. I want to move to the UK/EU. 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. Read more under EU registration. It would be different if the third-country national were a family member of an EU citizen. EU Family Reunification Directive 30 3.3. 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. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. Family reunification can be refused for spouses who have not reached a required age – which can be 21 years at the highest. *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. 263 - 280 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. Some people then choose to migrate back to Denmark, where they can seek family reunification under the EU law, because they came from Sweden. Read more under EU and Nordic Citizens. 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 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. Under Community law, family reunification is an actual right of the families who live within the EU. Sponsors can bring their spouse, minor children and the children of their spouse to the country in which they are residing. 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. Denmark is not bound by the Family Reunification Directive. 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. Other EU legal texts 32 CHAPTER 4. The contact form is based on the questions that are included in the application for family reunification according to EU rules. Not under EU law, since Denmark does not apply the EU's long-term residence Directive. 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. 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. In many Member States, family reunification accounts for a large share of legal migration. 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. The Directive applies equally to family relationships established before and after the sponsor arrived in the Member State. In many Member States, family reunification accounts for a large share of legal migration. 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. 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. Visit the Your Europe Portal for more information. Immigration through family reunification is recognized by Argentina’s Law 25871 on Migration (Ley de Migraciones). Family reunification of children. If you have lived together in another EU nation for more than 6 months you can apply for family reunification under EU law. Charter of Fundamental Rights 30 3.2. If your spouse is an EU citizen, he or she will be able to register in the EU independently. Many countries in Europe have passed laws in recent years to limit people's ability to do so. 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. The child can either be your own or your spouse’s/partner’s child who will also move to Denmark together with you. Finally, threat to public order, public security or public health can lead to rejecting the application. Many people choose to move across […] See the conditions for family reunification for spouse/partner according to EU rules here. 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 your child is an EU citizen, you will be able to register in the EU independently. 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. 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. 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. 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. Family reunification under the Dublin III Family reunification of children. 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. Member States may ask third-country nationals to comply with integration measures before or after arrival. If you are planning to move to Denmark together with your children who are not Danish citizens, you must apply for family reunification. That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. #livingindenmark #gettingavisatoliveindenmark #familyreunificationdenmark Hi! The Family Reunification Directive only applies to legally residing third-country nationals who ask to be reunited with third-country national family members. 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 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. It should be noted that in Danish legislation same-sex (registered) partners and cohabitating partners are equal to married spouses. The immigration laws in Denmark are one of the most strict in Europe. 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. 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. Requirements for Family Reunification Scheme a) […] It is meant to cut down forced marriages and family reunification immigration.. Not under EU law, since Denmark does not apply the EU's long-term residence Directive. Member States may impose some conditions before allowing family reunification. You and your family members may move to the UK or to an EU country under the current EU rules until 31 December 2020. That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. 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. Hope this helps! 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. Children under the age of 15. Synthesis Report – Family Reunification of TCNs in the EU plus Norway: National Practices . The 24-year rule is the popular name for a rule in Danish immigration law §9. 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. Family reunification under the standstill clauses of EU-Turkey Association Law: Genc Idriz, N.F. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. Read more under EU and Nordic Citizens. See the conditions for family reunification for children here. 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. The contact form is based on the questions that are included in the application for family reunification for children. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. (2017) Common Market Law Review, volume 54, issue 1, pp. 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. EU Dublin Regulation 31 3.4. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. *This post is intended as a guide for non-EU spouses/partners who wish to apply for family reunification in Denmark. Danes Worldwide Therefore, we recommend that you read the conditions for family reunification before you complete the contact form. This means all countries outside of the EU. Furthermore, special rules apply to Danish citizens who are applying for family reunification under the EU regulations on free movement. Denmark. This includes non‑EU family … 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. The contact form is based on the questions that are included in the application for family reunification. Thus, Denmark’s response to the Green Paper will focus on the Danish legislation and practice regarding family reunification. Introduction. If you have immediate family members in Denmark, you can apply for a residence permit on the grounds of family reunification. It states a number of requirements to a married couple if they want a permanent residence in Denmark. The result of this is that a group of danish people choose to migrate away from Denmark every year. See the conditions for family reunification for spouse/partner here. 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. Where to apply: 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. 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). In the text below, 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. Some of the questions may be complicated. This only applies to children who are third country citizens. The rule has four requirements I want to move to the UK/EU. OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. Also note that special rules apply if the person residing in Denmark (the spouse/partner or the parent) is a student. However, Denmark requires an integration capacity assessment for children over 8 years, whilst in Germany such a requirement applies to children over 16 years. It’s better to be safe than stressed after your big day. Your spouse or partner therefore does … It would be entirely up to Danish law to decide on this situation. Denmark Family Reunification Scheme allows you to apply for the residence permit if your relative or family member is living in Denmark. 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. After a maximum of five years of residence, family members may apply for an autonomous permit. The Danish government has now responded to the ruling with its interpretation of the court’s decision and plan for acting upon it. If the children are EU citizens, you must read more about this under EU registration. You can live and work in Denmark. In 2011-2012, a broad public consultation on family reunification took place to gather opinions from stakeholders and decide on the policy follow-up. In order to prevent abuse, consequences in the event of fraud as well as marriage, partnership or adoption of convenience are also foreseen. General legal principles 33 4.2. 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. It would be different if the third-country national were a family member of an EU citizen. A major part of immigrants to Europe do so through family reunification laws. According to the law of 15 December 1980, EU nationals can settle in Belgium with other EU family members under certain conditions. 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. Therefore, we recommend that you read the conditions for family reunification according to EU rules before you complete the contact form. CHAPTER 3. 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. Back to Top 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 . Some of the questions may be complicated. 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. 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. If you wish to do so, you should apply at the Immigration Service. Europe. Our arguments for the appeal were based on exceptional grounds emanating from EU rules and EU Court Judgements. There is nothing wrong in that. ... which is about "family reunification under Art 8 ECHR and the directive 2003/86/EC. 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 migration to Denmark is permitted under chapter 1, section 9, of the Udlændingeloven (Alien Act). 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. Back to Top. There are special, more favourable rules applicable if the sponsor is a refugee. DK-1150 Copenhagen K. Click here and sign up for our Newsletter. This is … In all EU Member States, children can be beneficiaries in family reunification procedures without any minimum age requirements. It would be entirely up to Danish law to decide on this situation. Family reunification according to Danish rules Spouse/partner. 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. If you wish to do so, you should apply at the Immigration Service. Just make sure you have all the requirements ready after the wedding so you can apply immediately. 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. CROSS-CUTTING PRINCIPLES CONCERNING REFUGEE AND MIGRANT CHILDREN 33 4.1. Read more under EU registration. Read more about family reunification for Danish citizens under EU law. Therefore, we recommend that you read the conditions for family reunification for children before you complete the contact form. 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). 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). This Scheme allows the spouses, registered partners, de-facto partners and dependent children to accompany their spouse or parents in Denmark. The following text explains the family reunification rules under EU law (the Family Reunification Directive). OD2/A reunification in Denmark according to EU law, you can submit an application for family reunification under the Danish Aliens Act as well. 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 . The Directive applies equally to family relationships established before and after the sponso… The law and regulations can seem challenging during a danish family reunification, and mistakes can have serious consequences. 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. 67 Købmagergade 2nd floor 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. This includes non‑EU family … Under Community law, family reunification is an actual right of the families who live within the EU. 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