New rules for spousal reunification as of July 1, 2018

On June 4, 2018, the Danish Parliament adopted new rules for spouse reunification, which apply to applications submitted from July 1, 2018.

The rules probably mean that it will be significantly more difficult to achieve family reunification.

The changes come, among other things, in the wake of the European Court of Human Rights ruling in 2016 that Denmark discriminated against citizens who had acquired citizenship late in life. The connection requirement has since been replaced with a new integration requirement in the new rules.

The new rules have six main points.

The integration requirement, according to which it will normally be a condition for obtaining a residence permit that the resident and the applying spouse together meet 4 out of 6 integration-relevant conditions. However, the resident spouse must in any case meet the requirement for Danish language skills, according to which the spouses must actually meet 3 out of 5 conditions.

• Spouse residing here has worked in Denmark for at least 5 years.
• The spouse residing here has an education of at least 6 years - of these 6 years, at least 1 year must be beyond primary school.
• The applicant spouse must have either Danish or English skills. A Danish 1 test or an English test at level B1 is required.
• The applicant spouse has worked for at least 3 of the last 5 years.
• The applicant spouse has an education of at least 1 year duration.

The visit requirement, According to which it will be a condition for obtaining a residence permit that the applicant spouse has had at least one legal visit to Denmark.

The so-called transferred conditions, This means that the current rules for permanent residence permits will be transferred to apply to family reunification. However, this does not apply to Danish and Nordic citizens and refugees.

The housing requirement is tightened, as the residence of the spouse residing here may not be located in an area that appears on the new list of designated residential areas. The requirement for suitable housing according to the old rules continues to apply.

Financial collateral be tightened so that spouses residing here must normally provide security for DKK 100,000.

Danish test at A1 + A2 level, the rules for applicants' Danish skills are tightened, as there is now a requirement that applicants, in addition to passing the Danish test at A1 level within 6 months, must also pass the Danish test at A2 level within 9 months.

In addition to these changes, the old conditions for spousal reunification still apply, according to which the following requirements must still be met:

• Valid marriage, The marriage must be recognized under Danish law.
• Permanent cohabitation, If you are not married, you can apply if you have lived together for at least 1 year and 6 months at a common address. This requirement can be waived in special cases.
• Marriage or cohabitation must be entered into at one's own request.
• The marriage must not have been entered into solely to obtain a residence permit.
• The 24-year rule, after which you both must be at least 24 years old.
• Full-time work for at least 3 years out of the last 5 years, Full-time work is a weekly working time of at least 30 hours.
• Self-sufficiency, According to which the spouse residing here must not have received benefits under the Active Social Policy Act or the Integration Act within the last 3 years prior to the decision on spousal reunification. In special cases, an exception to this requirement may be made.
• Not convicted of spousal violence

The requirement that the spouse residing here must have passed the Danish 3 exam must always be met.
The condition can be met, among other things, by:

• The study test has been passed with at least a grade of 6 (on the 13-point scale) or 02 (on the 7-point scale).
• The 9th or 10th grade elementary school exams are passed with a grade average of at least 6 (on the 13-point scale) or 02 (on the 7-point scale).
• Proof of high school diploma (stx), (hhx), (htx, (hf) or (eux).

There is an additional requirement that the spouse residing here, when he or she is not a Danish or Nordic citizen, must have permanent residence and still meet the conditions for this at the time of the decision on spousal reunification. In special cases, exceptions may be made to this.

With the new rules and requirements for both the resident and the applicant spouse, the rules on spousal reunification will not become more accessible.

It is therefore recommended that you seek legal advice before applying.