Potential for successful integration
If the child's other parent is still living in the child's country of origin or another country where the child is also living, and if the child's application for a residence permit is submitted more than two years after the parent in Denmark meets the requirements for family reunification with the child, a special attachment requirement applies.
This requirement stipulates that a residence permit will only be granted if the child has, or has the opportunity to achieve, an attachment to Denmark sufficient to form the basis for successful integration in Denmark.
When assessing whether this requirement is met, the Immigration Service will consider the duration and nature of the child's residence in his/her country of origin and in Denmark, whether the child has previously resided in Denmark, in which country the child has primarily grown, where the child went to school, whether the child speaks Danish, whether the child speaks the language spoken in his/her country of origin, whether the child has been influenced by Danish values and norms to such a degree that he/she has, or has the opportunity to achieve, an attachment to Denmark sufficient to form the basis for successful integration in Denmark. The Immigration Service will also consider whether the parent in Denmark is well-integrated and has formed a strong attachment to Danish society.
Dispensation
The attachment requirement can be suspended if special reasons apply, including the unity of the family.
Such special reasons can be:
- That the parent living in the child's country of origin is unable to care for the child due to a serious illness or handicap
- That the child is at risk of being removed by the authorities from the parent in his/her country of origin
- That the child has lived with his/her parent in his/her country of origin, and that parent is granted a residence permit in Denmark on the grounds of family reunification with a spouse who is not the child's other parent
- That the parent in Denmark holds a residence permit as a refugee or has protected status and still risks persecution
- That the parent in Denmark suffers from a serious illness or handicap and that it would be indefensible from a humanitarian point of view to advise the parent to reside with the child in their country of origin because the needed treatment or care would not be available
If the parent in Denmark holds full or joint custody, or has visitation rights and has regular contact with, children residing in Denmark, this may be included when considering the unity of the family. How much weight this will carry in relation to the integration requirement will vary depending on the nature and extent of the family life that the parent in Denmark has exercised thus far with both the applicant and other children living in Denmark, and depending on how much weight other elements in the case will carry.another country.