Family Reunification process: Work, Legal presence and Pregnancy

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Emily og Jacob
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Tilmeldt: 16.01.2017 14:07:34

Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Emily og Jacob » 16.01.2017 14:22:25

Hello!

My name is Emily an I am an American journalist who has been working in France on a visa for the past 16 months. My Danish boyfriend and I have been traveling back and forth to visit eachother, and we recently got engaged to be married this month, here in Copenhagen. We plan to submit our application for family reunification in Denmark immediately following our marriage (we have been told that this process can now take up to 10 months).

My danish boyfriend is a native of Denmark owns an "andelslejlighed" and has a "selvstændig virksomhed" where he works as a freelance film editor. He hasn't received any government support since receiving his SU during his studies which finished in 2009.

I do not have health insurance in Denmark, as I have been living in France, but we have just found out that I am pregnant. We hope that you can give us some guidance about our situation during the Family Reunification process.

A.
I know that I'm allowed to be living in Denmark during the processing of our Family Reunification application, on a procedural permit, but that I am not allowed to work during that time, and that I won't be given a CPR number -- and access to Danish healthcare -- until the application is accepted.
A1. How is a pregnant, non-EU citizen living in Denmark on a procedural permit supposed to have access to health care?
A2. If we are supposed to pay out of pocket, how much can we expect we will pay in scans, blood test, birthing visits with midwives, and the actual birth itself?

B.
On a related note, we understand that during the 10-months during which the application is processing, my procedural permit DOES allow me to leave Denmark, although I must apply for a re-entry permit every time I leave. I am wondering what the limitations are:
B1. For HOW LONG may I leave Denmark at a time, and still be allowed back in to Denmark with the re-entry permit?
B2. And HOW MANY TIMES maybe I leave?

C.
I understand that while I am in Denmark on a procedural permit, I am not allowed to work.
C1. What if a Danish company wants to provide me with a work visa and hire me during the period that my Family Reunification application is processing?
C2. Can I accept the job, and gain a residence permit in Denmark based on the working visa?
C3. What does that do to the Family Reunification application that is in the middle of being processed?

D.
All of the back and forth between France and Denmark I have been doing has been "legal" because I was traveling on my French Visa, which expires on January 19 2017. When I come to Denmark to marry and apply for family reunification in February, my presence in Denmark needs to be "legal."
D1. Can I travel directly to Denmark from France, using my "Default American Tourist Visa for the Schengen Zone" (which specifies that an American can spend any 90 days in the Schengen zone within a 180-day period)?
D2. Or do I need to leave the Schengen Zone in order to have a fresh "new entry" into Denmark, and begin the clock ticking on the tourist visa/90 days within 180-days rule?

E.
Is there anything else my fiancé and I should be aware of, legal-immigration wise, during this process?

babysofie
Indlæg: 9
Tilmeldt: 16.01.2017 01:13:13

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf babysofie » 16.01.2017 15:11:25

Hello,
I am not an expert and like you my husband and I with our 6 months old daughter is also applying for family reunification. I go through your post and the pregnancy thing is kinda the same with me and my husband before. So here is our experience,
Your concern:

A1. How is a pregnant, non-EU citizen living in Denmark on a procedural permit supposed to have access to health care? 
A2. If we are supposed to pay out of pocket, how much can we expect we will pay in scans, blood test, birthing visits with midwives, and the actual birth itself?

A1 answer : You won't get any access to health care unless your cpr arrives before you deliver the baby. My husband and I tried to talk to the doctor that maybe we can use his cpr since it is also his baby, but NO that option is not acceptable to them unless I was the danish citizen.

A2 answer : it was year 2015 when I got pregnant here in denmark, I gave birth July last year ( in my country ), obviously the cpr didn't arrived on time and the expenses is kinda too much for us. This is how we end up deciding I just gave birth at my home country: After about 2 visit/check up to the doctor, we received a letter asking as to deposit 44,000.00 kr at the hospital of our choice where we want the baby delivered and that we must prepare atleat 50,000.00 kr for when my due date comes. The doctor said without health care we must prepare 100,000.00 kr atleast. So we decided to have the baby back in my home country ( it's cheaper ).

Anyway, I just talked to the immigration today about our application (not the same situation now with yours) but the woman I talked to said that it can take 10 months only if it is a hard case ( received kontanthjælp or other requirements are not meet ) but if the case is easy ( no kontanthjælp or criminal records or all requirements are meet ) IT WILL ONLY TAKE 5 MONTHS.

I don't think it's possible for you to get a work permit if you have another pending application. Unless you drop the other. Besides, during the family reunification application is on process it is strictly forbidden for the applicant to work.

I hope I am making any sense.
Goodluck!

skaanebo
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Tilmeldt: 09.06.2007 19:00:10

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf skaanebo » 16.01.2017 16:43:45

The easy way to avoid the Danish laws would be for your boyfriend to move to France to live with you there for 3 months, get married, and then move back to Denmark together using EU laws instead. That way you will be allowed to work right away when you arrive to Denmark, you will obtain public health insurance for free, and everything will simply be much easier.

Emily og Jacob
Indlæg: 2
Tilmeldt: 16.01.2017 14:07:34

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Emily og Jacob » 17.01.2017 15:39:53

Emne: Family Reunification process: Work, Legal presence and Pregnancy

skaanebo skrev:The easy way to avoid the Danish laws would be for your boyfriend to move to France to live with you there for 3 months, get married, and then move back to Denmark together using EU laws instead. That way you will be allowed to work right away when you arrive to Denmark, you will obtain public health insurance for free, and everything will simply be much easier.


Hi, thank you so much for these responses. SKAANEBO -- I am very intrigued by this option -- and have tried to find some official immigration information confirming it and offering more details, but I cant find it!
1. What law is this -- EU Freedom of Movement? Something else? Want to be able to research it and don't know what to call it!
2. Would we have to marry in France, or could we marry in Denmark, then live in France together as a married couple, in order to invoke our right to move back to Denmark?
3. Do we really only need to live in France for 3 months before we can move back to Denmark?
4. When it's time to come back to Denmark, what law am I invoking that allows me (a non-EU citizen married to an EU citizen) to move to Denmark?
5. When we are back in Denmark, as a married couple that has been living in France for 3 months, do I still have to apply for something (like Family Reunification, which requires waiting more months) -- or what process must I take to be given the CPR number/legal residence in Denmark?
6. How would we "prove" that we have been living together in France? To be frank, I am hoping there is a way to not ACTUALLY live in France, but to "act" like we are. Hypothetically, I have an address in Paris. My name is on the electricity bill that comes every month and on the lease. If I ask my landlord to draft us up a lease that has my fiancé's name on it, does that suffice as proof that he lived with me? Or does some utility or other (internet, electricity) need to be in his name, or...?
RELATED QUESTION: Could the "living together for 3 months" scenario be enacted in Sweden? My fiancé is currently renting an apartment in Sweden and working there, so could I "move in" with him in Sweden and then in 3 months invoke the same law and move back to Denmark? Again, do we have to marry in Sweden or can we marry in Denmark in a few weeks, as planned, and then live in Sweden together?

PLEASE HELP! Thank you so much!!!!

skaanebo
Indlæg: 9642
Tilmeldt: 09.06.2007 19:00:10

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf skaanebo » 17.01.2017 16:06:31

Yes, it's the right of free movement. You can also ask your Danish bf to read up on the subject here on this website: choose "Rådgivning" at the top of the page, then the part about EU and moving back using EU laws.

You can marry anywhere in the world. It doesn't matter where you marry. What matters is that your husband lives in anther EU/EEA country for at least 3 months and that you have accompanied him during his stay there.

And 3 months is the bare minimum.

As the family member of an EU citizen who has used his right of free movement, you are entitled to the same benefits as any other EU citizen would enjoy in Denmark.

Once in Denmark you must apply for a residence card at Statsforvaltningen (not Udlændingeservice since Udlændingeservice only handles applications under national Danish laws) and for CPR number at Borgerservice. The CPR may be tricky to get without having obtained the residence card first, though, although some people have been lucky to get it.

To prove you have lived 3 months together in France, the Dane should register his address in France, and you yourself of course must be registered at the same address and hold a valid residence permit for France during this time or have applied for a French residence card under EU laws as the family member of your Danish husband. The Dane should also prove either that he has got a job in France or studies there or that he has had sufficent funds with him to support himself and his family. And of course any other kinds of papers that would prove that you actually lived there, such as electricity bills, etc. It doesn't really matter if bills and contracts are in both your names or only in the name of one of you.

Yes, France and Sweden is the same in regards to EU laws. The difference is only that you already live in France and I assume you have a residence permit in France already. But if you prefer to move to Sweden, you can do so too. If your Danish bf is working in Sweden, it's even better. But remember you need to get married in order to evoke your EU rights.

mh
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Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf mh » 17.01.2017 22:03:51

A warning to be taken seriously:

DO NOT DO 'AS IF' YOU BOTH ARE LIVING IN FRANCE!

You have to actually live there, and the checking up on you and your bf/husband will be thorough. Many have been refused the EU-residence card, because they could not prove that they had had actual residence in another EU-country. You will have to not only prove that you are paying rent (through the bank), but also that you do your shopping for groceries and other necessities mainly in France. All your movements must point to the fact that you are living where you claim to be living.
mh

Sam_123
Indlæg: 31
Tilmeldt: 28.01.2016 12:19:14

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Sam_123 » 18.01.2017 15:20:26

A1. How is a pregnant, non-EU citizen living in Denmark on a procedural permit supposed to have access to health care?

My wife is here on procedural stay. She is 10 weeks pregnant. We had to pay for the intial visit at my own doctor (500 kr) where he filled the Pregnacy Health Record and sent it to a hospital.

I called in Hvidovre hospital to get time for Nuchal Scan for my wife. They generated a cpr for her, that we will be using whenever we go to the hospital. The lady in the phone told me to bring proof that we have applied for family reunification so thay we dont have to pay.

Ellenna
Indlæg: 2
Tilmeldt: 18.01.2017 16:06:50

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Ellenna » 18.01.2017 17:12:27

Hello!!
I have some questions too. My husband and I - not EU sitizens. And we can submit our oplication for reunification not earlier than 8th of March. But I am pregnant and have to give a birth approx.22nd of March . So could I birth in Denmark and rely on free medical care, birthing? ...if I am on procedural permit from 8th of march .
"The lady in the phone told me to bring proof that we have applied for family reunification so thay we dont have to pay." - what is it " proof"?
Thanks.

Sam_123
Indlæg: 31
Tilmeldt: 28.01.2016 12:19:14

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Sam_123 » 19.01.2017 11:40:34

that would be a copy of the first page of your application for familyreunification, which is stamped as recieved by the authorities.

http://www.jordemoderforeningen.dk/tids ... r-paa-vej/

I found this link, with answers to most questions regarding pregnancy without cpr nr i dk. It is in danish though. Should be able to translate in google

Ellenna
Indlæg: 2
Tilmeldt: 18.01.2017 16:06:50

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Ellenna » 19.01.2017 12:40:43

Thanks for your answer. I found also a link about pregnancy without yellow cart.http://www.aegteskabudengraenser.dk/upl ... ndling.pdf. But I am not sure, if it's still valid, document is from 1999. And I understand that it depends - which kommune, we are from Aalborg. And I didn't hear similar situation in our area.

Sam_123
Indlæg: 31
Tilmeldt: 28.01.2016 12:19:14

Re: Family Reunification process: Work, Legal presence and Pregnancy

Indlægaf Sam_123 » 25.01.2017 13:21:18

So far its going very smooth for us. We have received a time for our first meeting with midwife. You shouldnt be worried. As long as you are in the country legally you will get your pregnancy checks and delivery for free.


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