Gratis hjælp fra jurister

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wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 22.11.2016 13:22:25

I replied with this-

To KEA,

Thanks very much for finding and looking into the case.
My spouse has lived in Denmark for 7 years, and in that time she has completed her Bachelor (Business, Language [Spanish] and Culture) and Master (cand.merc in Business Administration with a specialisation in Strategic Market Creation). She has also worked many jobs in her time here and currently holds a full-time job where she works 37 hours per week.
Would you like a copy of her Master diploma? You can also look into her files with her CPR nummer, which is xxxxxxxxxx
I’ve attached a copy of her last 3 months’s paychecks as well as her contract.

I am not currently working in Denmark as I only just received my residence permit and legal right to work in Denmark on 06/09/16. I am currently in Australia visiting family for the first time in 3 years, so I am unable to work in Denmark until I come home to Copenhagen in December, but I am still applying for jobs whilst I am in Australia as I plan on working when I arrive home to Denmark. If I am accepted into a study program, I will work part-time, but if I’m not accepted I will work full-time. I am signed up to various job alert/job finding websites if you would like to see records of that? I have also spent time volunteering for various organisations and events and can provide records for that if you think it is relevant or necessary?

If it’s relevant or necessary, I can also provide a bank statement to prove that I have enough funds to support myself for at least 6 months in Denmark if for some reason I am unable to find work. Would you like a copy of my bank account balance?

I have previously held a 1 year visa for Denmark, and in that time I attended KBH Sprogskole and completed Dansk Modul 4 and started Modul 5, but unfortunately the language school could not find a copy of “ Bevis for bestået modultest 4” so I only have a copy of Modul 3. I’ve attached a copy below. I also intend to complete modul 5 upon my return to Denmark in December.

I have also attached a screenshot of mine and My wife's Lejebolig account, as we are searching for a place to live in Copenhagen. I’m not sure if it is necessary to prove our intent on staying in Denmark long term?

please let me know if you think any of the extra documents I mentioned above are necessary and I will forward them to you immediately.

Best regards,

Kain Mellowship

wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 22.11.2016 13:27:40

This is KEA's final response at this point in time-

To Kain Mellowship

Thank you for sending the documents.

After reviewing the documents, it is our opinion, that KEAs initial decision was correct due to the fact, that you are unemployed and hence is not covered by EU-rules awarding equal rights to Danish citizens. You are considered – in EU-lingo – an economically inactive citizen. Being an “employed person” is the foundation for acquiring certain rights according to EU-law, and although your spouse is gainfully employed, it is KEAs opinion, that rights bestowed upon her is not transferrable to you. This in reference to the EU treaty Article 45, and EU-directive 2004/38/EF article 24, section 2.

KEA will now send your case to the Ministry of Science Innovation and Higher Education for a final review. The Ministry is the highest administrative authority in these cases, and they will make the final administrative decision in this matter. The Ministry can uphold or overturn KEAs decision.

I will send a copy of the E-mail, when your case is forwarded to the Ministry. The case will be forwarded today or tomorrow.

Med venlig hilsen / Kind regards

And then this is what was forwarded to the ministry-

Til Styrelsen for Videregående Uddannelser

KEA har modtaget en klage over afslag på en ansøgning omkring ikke-betaling af tuition fee fra en australsk borger, der er gift med en tysk statsborger. De er begge bosiddende i Danmark.

Klagen sendes til Styrelsens afgørelse i henhold til LEP-lovens § 28.

Det er KEAs opfattelse, at sagen er af principiel karakter i forhold til udlægning af EU-reglerne og rækkevidden af ligebehandling af ægtefæller til en vandrende arbejdstager i henhold til opholdsdirektivets artikel 24 hhv. TEUF art. 45.

Sagens dokumenter er vedhæftet. KEAs udtalelse fremgår af bilag 4. Efterfølgende var der behov for afdækning af ansøgerens status som arbejdstager, hvilket omfatter bilagene 5-6 med underbilag. Bilag 7 udbygger KEAs oprindelige afgørelse med henvisning til EU-reglerne.

KEA ser frem til Styrelsens afgørelse. Kopi til klager.

Bilagsliste: (There was a copy of all the documents I forwarded as well as our conversations)

wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 22.11.2016 13:28:59

I know it's a lot of work to go through it all, but please help.

Thanks in advance for your time

mh
Indlæg: 7983
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet
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Re: Gratis hjælp fra jurister

Indlægaf mh » 22.11.2016 22:08:48

YOU do not need to be working, only your spouse.

Their 'opinion' is in obvious conflict with the EU-directive and Danish law.

Your rights are derivative of your spouse's rights, and she has a right to tuition-free education,
because she is an EU-citizen who has been working in DK.

I am pretty sure the ministry will give them an earful.
mh

wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 23.11.2016 04:55:20

This is exactly what I thought as well. I just really don't understand why this is being made more complicated than it needs to be. From the info/links you provided to me as well as the extra laws I sent to KEA in my appeal, it seems so simple and easy to see that I have the same privileges as my wife, and furthermore of a Danish citizen.
I looked at the examples that KEA provided in the final response, and nothing in there proves otherwise. Is it just me, or does this really just seem to be personal/an opinion, rather than actual rules/laws?
Could you see any proof in the last laws/cases that KEA sent to me?
I hope the ministry sees it for what it really is, but I'm not very confident as they may be persuaded by KEA's confident decision.
Thanks again for your time mh

mh
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Re: Gratis hjælp fra jurister

Indlægaf mh » 23.11.2016 16:47:42

I don't think you need to worry. They are of 'the opinion' that the matter is a fundamental question of interpreting the EU-rules. They have been tested on this point, and in your favor.
But it is not rare that universities take it upon themselves to interpret the law. I have locked horns with the two top Danish law faculties on a question of a point of a law, which they thought themselves entitled to interpret. However, as there is only one authority who is entitled to do so (which I knew), they were put in their place. Detrimental to my career possibilities in both of my alma mater, but hopefully they learned a lesson, to the benefit of future disabled job applicants :wink:
mh

wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 02.02.2017 15:06:40

For anyone who is in the same or similar situation, I am going to post the outcome of this ordeal in case the info is of any use to you.

After lots of back and forth between KEA's lawyer and myself, our final case was forwarded to the Ministry of Science Innovation and Higher Education for Denmark(http://ufm.dk/en) for them to make the final decision. After some months I recieved the decision that i was indeed entitled to free tuition at Danish educational institutes. So KEA was forced to assess/reassess my applications, which ended in me being accepted into the program i had applied for. The decision was reached only 4 days before my program was due to start, so it was a long process, but definitely worth the back and forth.

If anyone is in a similar situation, feel free to contact me and I will help as best i can.

I wanted to thank MH who shared advice on this forum as I DEFINITELY would not have been able to do this without the knowledge and guidance you. So again, thankyouuuuu!!!

mh
Indlæg: 7983
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet
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Re: Gratis hjælp fra jurister

Indlægaf mh » 02.02.2017 17:54:01

Congratulations, and may you succeed in your studies as well :)
mh

wanderboy
Indlæg: 14
Tilmeldt: 09.11.2016 15:26:06

Re: Gratis hjælp fra jurister

Indlægaf wanderboy » 02.02.2017 18:06:29

Thanks very much!! I appreciate your help 8) :D


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