Advices and tips for new applicants on family reunification

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evc
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Advices and tips for new applicants on family reunification

Indlæg af evc » 05.04.2016 10:20:42

I decided to create this topic to serve as a guide to new applicants on family reunification. We have all been there and we know how it feels to be in this process. Lots of misinformation or even lack of it. Being caught off guard in case of a denial, for example, feels like a knife through the heart. I am going to describe a few patterns you may experience and can expect during your case analysis.

0) Before handling your application: make sure you have the latest form (http://www.nyidanmark.dk) for your application type (in case it's not digital). Laws can be passed including new requirements and change the form. If you have an old version they will mostly certainly not see when you deliver. This can lead to your case being rejected;
Personal note: In my case what happened was that a law had been passed and the form changed 2 weeks before we handled our application. We had it downloaded and started fulfilling a couple of weeks before this change. The result was a 5 month-waiting-agony with the rejection as the outcome. Udlændingenstylsen is not going to inform you that your form is outdated or whatever. You'll only find it out in the end.²

1) Complicated and simple cases. It may appear simple but some people often mistake what it means. A complicated case is a case that requires more investigation, such as: your marriage circumstances raise questions, etc. it does not mean your case will not get approved, it only means Udlændingenstylsen needs to look into it a bit further and that takes more time. A simple case is a case that has all documents and can be processed without much investigative work. The latter usually takes a bit more than 3 months to have the result we can predict the aftermath, as seen bellow;
Note: As of 2016, US started informing applicants whether the case is either simple or complicated in the "case is being handled" letter.

2) Deadlines. This explanation takes into consideration two things: a generic process workflow and Udlændingenstylsen's processing statistics.
Patterns you may expect in your case:
2.1) As soon as you handle your application, a few weeks later (~4) you might receive a confirmation from the organ confirming your application has been received, furthermore your case will appear on "Min side" page in nyidanmark.dk. They'll start the screening process, which is basically an overall look of your case's documents. Receiving this letter is not a must and you may not even hear of it.
2.2) The next letter is either one asking for more information¹ or stating they have already started looking into your application. When you receive this letter, it will be a decisive step towards your final answer. It is expected to arrive approximately 3 months after you have handled your application.
2.2.1) In case they asked for more information, your case may take a bit more time to reach the final decision. Apart from that, the next step will be 2.2.2.
2.2.2) Now, here lies the significant part: once you received a confirmation that your case is being handled, you can expect two things: a turn down or approval. To identify both - based on patterns - you can anticipate: upon receiving the confirmation, it may be followed by the request for the collateral deposit. They are often sent together or within a few days or weeks difference. This means your case has been approved and it all depends on you now. Assuming you can pay the collateral requirement and pass the Danish test, you can party with your partner.

3) In case the collateral deposit is not asked: if you have received the letter stating your case is being handled and you have not received collateral deposit request, - more than one month passed - you can start watching "Min side" page. Rejected cases will be marked as "closed" and removed from "Min side". So if you do not receive the collateral deposit request and your case vanishes from there, it will be likely turned down. You'll have a few more days to decide what to do and expect the rejection letter followed by the revocation of your procedural stay (if you are already in Denmark). They will give you from a few days to one week to leave the country. However you can apply for an appeal, if applicable.
Important: As of 2016 US informed Family Reunification cases will take more time to be processed. The previous 3-month-period has now been established to 5. So be aware that receiving the letter I mention on item 3 may significantly take more time.


Appeals

Now that you may know in advance that your case has been rejected, you can start thinking in your appeal. It can be fulfilled in case you think you did not receive a fair judgement or that you can include new documentation that will change the reason they rejected your case.
Udlaendingenaevnet is the organ responsible for appeals. They will ask you to write down a counter-argument, which can be in english, to be attached to your appeal. You'll explain why do you think the decision is unfair and quote other personal reasons, if you want. They'll judge what is relevant and what is not.
In this same letter you can also ask for an extension of your procedural stay while the case goes through the whole process. Having said that, have in mind you still need to leave the country. The decision has been made and even if you appeal, until you get the answer Udlændingestyrelsen has the last saying.
Now, depending on the situation they may answer prior to your departure date. If they do not, you have to leave the country and wait 3 months to travel back (in case of non-EU with no turist visa required).
The appeal process can take up to 10 months, being: 5 months in Udlaendingenaevnet and another 5 back in Udlændingenstylsen. The appeal request can be done through e-mail.
Personal note: It can take less - mine took 3.2 weeks in UE and 4 months in US -, but you should not count with it whereas there are no guaranties. I just want to let you know it is possible.

Conclusion

As you might have noticed, the most critical part is the item 2.*, specially "Min side" page. As long as your case is still there you still have a chance. It does not matter how long it is taking, if your case is there they are still looking into it.


I hope this information can help relief a bit of the pain this process make people go through. I believe just the thought of not being able to be with the person you love serves as a punishment itself.

Danish Language

It is a must that you complete a Danish language test in order to obtain your residence permit, usually the Dansk Prøve 1. If you are confident enough you can jump over to Dansk Prøve 2 and get the bank guarantee for both tests. In case you want to be over with it, I suggest start studying as soon as possible, instead of waiting for the commune to assign you to a sprogskole, which will only happen when you get your permit.

Danish is not an impossible language. It requires dedication as any learning process and I believe self interest is enough to push people toward success. This means you can master it by yourself. You'll face some limitations but you can use the commune course afterwards to correct your mistakes.

My tip here is: start studying as soon as possible.

There is a web-based and smartphone app called Duolingo that offers, among Danish, other language courses for free. You can download in your smartphone and practice every day.

Personal note: I started doing the app lessons while I waited my case in Udlændingestyrelsen. As soon as I got my answer I had a pretty solid danish. I committed several mistakes and it was far from perfect, but I was able to perform the most important: understand other people and communicate with them - which is exactly what the Dansk Prøve tests require.
So, when I got my permit, without further do I scheduled my test (I was confident enough to take Dansk Prøve 2) and I passed without mistakes. I was really happy with thar.
When I went to the sprogskole to check my level, I was assigned to nivel 3 module 4. Now I use my classes to correct the grammar mistakes I still commit.

I really like danish and I tried to immerse myself as much as possible in the process. I listened to music, TV series and used my partner for conversations. If you don't have your partner around you to help with that, you can try to listen to danish music and TV (series or programs) on, Netflix, tv2.dk and dr.dk websites. Even for those who met each other in another language, such as my case (english) is difficult to simply start speaking danish with your partner. But you need to try.

You can use subtitles for the videos, but the important thing is to start getting used to the language sounds.


Important notes and sources

¹ For obvious reasons this letter may never be sent.
² A suggestion to the immigration service would be removing the need of all this paper work, transforming it into a digital document. You can just print the receipt, sign and deliver it in their building. This way you avoid human error and reduce resource waste.
* The deadlines I describe here are based on statistical patterns. You may experience delays from weeks to months in receiving these letters. The standard deviation tend not to be that imprecise.
** I have neither worked in Udlændingenstylsen nor I know someone who does/did. I based these measurements solely on the data I could gather from both their site and viewtopic.php?f=6&t=15173. Moreover it has my personal experience with the process.
*** US = Udlændingestyrelsen / UE = Udlaendingenaevnet

Based on statistics gathered from 2014 until 2015. Further periods may require another study.
Senest rettet af evc 27.01.2018 19:51:18, rettet i alt 2 gange.
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babysofie
Indlæg: 11
Tilmeldt: 16.01.2017 01:13:13

Re: Advices and tips for new applicants on family reunification

Indlæg af babysofie » 16.01.2017 01:43:39

Hello, I am a Filipino and is married to a danish man. The situation is this, my husband and I has been married since February 19,2015. Right after our marriage we then apply for a family reunification which got denied in the sense that is was still 6 months away til he is 3 years without receiving a kontanthjælp from the kommune. So we were advice to just stay in Philippines since we are married and that I have to leave denmark since the application has been rejected. I considered it since of course I will be close to my family at home but my husband couldn't. He has not been out from this country since he was 13 and he is 37 now,I am 27. He indeed only love and want to live in denmark for the rest of his life. So I went home and later that year 2015, before it ends I went back here through spouse visit visa. We are going to re apply again. But then a month after I arrived I got pregnant. We haven't sent the application yet for family reunification. We went to see a doctor and was going to arrange the necessary arrangements and check ups during pregnancy but since I don't have a cpr number yet the doctor suggested I should deliver the baby in the Philippines. As the law said, our baby will automatically be danish wherever I delivered her since we are married, so I went home again,pregnant. My husband stayed in denmark. We then focus on the pregnancy and delivery of the baby and planned to go back to denmark ASAP right after I have birth and then we apply for family reunification. So July 2016 and I gave birth. As planned, I then arrange spouse visit visa for me and a passport then a short term visa for our baby girl since we are going to register her here as soon as we arrived since according to danish citizen law, she is a danish citizen. We were back here by November 2016. We are staying currently at my in laws house with our baby. And is on listing for an apartment (akut bolig) in the kommune. By the way my daughter is deprived from any privileges as a danish baby such as free consultation when sick, hospitalisation, vaccines..etc as I the mother hasn't acquired my permit to stay yet. We are going to apply for a family reunification with our baby I guess, I don't know how this works now when we have a child and she is a danish already according by law. The spouse visit visa and the visa I got for my daughter will reach it's 90 days maximum stay on the 14th of February. The kommune is still trying to find as a place to stay and the thing is what if the 14th of February comes and there is still no apartment available. Obviously we cannot send application since apartment is one of the requirements. What do we do? Can you suggest any option for us that we don't have to go home again since we really have been spending so much already with just the travelling back and forth just in order for this to work and to honor what husband wants, to stay here. Besides it's not really easy travelling with a baby. Please help us resort other option with our situation.
Thank you!

Mvh,
Ann

evc
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Re: Advices and tips for new applicants on family reunification

Indlæg af evc » 23.01.2017 13:08:09

You should have asked as a topic, not an answer. But I can answer you from experience: do not apply without a residence with the appropriate residence size, or your case will be rejected. Unless your husband has not been living in Denmark for a few months, which does not seem to be the case, you can't waive this requirement.

I suspect you can apply and attach documentation afterwards, but I am not sure of that. I would ask advice in the forum. In the top menu, under rådgivning you can submit your case to ÆG. Specially because you have your children and that changes the whole thing. You may have a different status because of that.
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Ana143
Indlæg: 10
Tilmeldt: 20.01.2018 13:17:26

Re: Advices and tips for new applicants on family reunification

Indlæg af Ana143 » 20.01.2018 13:47:56

I would like to ask a question and get some advice. I am currently an au pair and my contract and visa ends on march 10, 2018 maximum of 24 months. My concern is I am 7 months pregnant now and my due date is in March 23,2018. 13 dayss after my visa expires. Is there any visa I can apply to get my stay here legal while waiting for giving birth?

skaanebo
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Re: Advices and tips for new applicants on family reunification

Indlæg af skaanebo » 20.01.2018 14:16:49

Is marrying the father an option? Can he provide for you and the child? Do you both meet the requirements for getting a residence permit on grounds of being married?

Ana143
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Re: Advices and tips for new applicants on family reunification

Indlæg af Ana143 » 23.01.2018 07:47:17

He didnt meet the requirement cause he get kontant hjælp from the kummone..Aside from that is there any other way I can stay in denmark with my child since my child is danish citizen? I really dont know what to do. I emailed SIRI but they they replied I have to apply for the extension of my Au Pair visa but I had reached the maximum 24 months already and my host family dont want to sign for it anymore cause they said it might get rejected. And I ask questions to SIRI but got no answer from them.

skaanebo
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Re: Advices and tips for new applicants on family reunification

Indlæg af skaanebo » 23.01.2018 09:26:37

No, your baby will not be able to stay in Denmark despite its Danish citizenship (it will also be Philippine so double citizenship from birth) unless the dad will be able to raise his child and that seems unrealistic.

So no matter how you look at it, you cannot stay and remain in Denmark using Danish law.

However, if you marry and move with your husband to another EU/EEA country for a minimum of 3 months, you can move back to Denmark using EU law and will get a 5 year residence card which will then become permanent.

That way you avoid all the Danish requirements.

Ana143
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Re: Advices and tips for new applicants on family reunification

Indlæg af Ana143 » 23.01.2018 10:47:19

Cant he hold the child if he dont have money? Does the kummone will take the child away from him and put the child to a foster family?

skaanebo
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Re: Advices and tips for new applicants on family reunification

Indlæg af skaanebo » 23.01.2018 10:58:49

It’s not just a matter of having money. It’s also a practical issue. He can’t breastfeed the child for instance, and you won’t be around.

EU law is your only option if you wish to remain in Europe. And that in its turn requires him to be working or studying.

mh
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Re: Advices and tips for new applicants on family reunification

Indlæg af mh » 23.01.2018 12:23:56

Your child can stay with its father, yes. In DK children do not get taken away from a parent and put in foster care, just because the parents do not have much money. But, as Skaanebo writes, it will not solve your problem, as you would have to leave DK, leaving your child behind.
mh

Ana143
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Re: Advices and tips for new applicants on family reunification

Indlæg af Ana143 » 05.02.2018 20:27:53

Thank you for the answers. I really appreciate it.I just want also to ask if your familiar with the called Zambrano case its kind of family reunification under a danish relatives..Like in my case if I am a single mother if we will not get married with my boyfriend but I give the father the rights for my child same as my right can I apply for a kind of family reunification under the child?

mh
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Re: Advices and tips for new applicants on family reunification

Indlæg af mh » 06.02.2018 10:46:19

No, that is not the scenario the Zambrano-case is about.

In the Zambrano-case the non-EU-mothers were sole caretakers of their EU-citizen children, and had been so for years, the fathers were EU-citizens who did not contribute, or contributed very little, money and physical care to the care of the children. If you leave your child with its father, he will be the one who is the primary caretaker. And you will not be able to 'use' a newborn to establish a situation like the ones in the Zambrano-case.
mh

Augustoamen
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Tilmeldt: 07.02.2018 00:23:18

Re: Advices and tips for new applicants on family reunification

Indlæg af Augustoamen » 07.02.2018 00:33:46

Hello, my name is Augusto, I'm from Argentina, we apply with my wife (danish) for family reunification and it was rejected a week ago.
They rejected because the apatment that we live it wasn't aproved for living (we didn't know that since we had the contract and everything)
Do you think it worth it to appeal and send the paper of the approval of the apartment or they not gonna care because at the moment of the application we didn't have that approval??

One more question, can i apply again from cero before of the deadline to leave Denmark?

Thanks for your help. We really need some advice.

skaanebo
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Re: Advices and tips for new applicants on family reunification

Indlæg af skaanebo » 07.02.2018 06:47:56

You need to hold a valid visa or a valid residence permit for a Schengen country in order to apply for a residence permit while in Denmark. If you don’t hold that you need to leave and apply from your home country instead.

Ana143
Indlæg: 10
Tilmeldt: 20.01.2018 13:17:26

Re: Advices and tips for new applicants on family reunification

Indlæg af Ana143 » 11.02.2018 12:49:42

Hi Augusto..How many months does the decision came after you apply for family reunification?

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