Reopening of cases

Previously, the Danish immigration authorities required that a Danish national applying for family reunification under EU law after having exercised his/her right of free movement in another EU/EEA Member State was able to support him/herself as a worker, self-employed person or service provider or as a retired worker, self-employed person or service provider upon his/her return to Denmark.

This requirement is no longer made as a consequence of the Eind judgment.

The Danish immigration authorities also previously required that a foreign spouse had had previous lawful residence in another EU/EEA Member State to be eligible for family reunification with a Danish national who had exercised his/her right of free movement in another EU/EEA Member State.

Moreover, the Danish immigration authorities previously required that a Danish national had exercised his/her right of free movement in another EU/EEA Member State as a worker, self-employed person or service provider or as a retired worker, self-employed person or service provider to achieve family reunification in Denmark under EU law. Accordingly, it was not possible to achieve family reunification under EU law if the Danish national had exercised his/her right of free movement in another EU/EEA Member State as a student or self-supporting person.

These requirements are no longer made as a consequence of the Metock judgment.

As a consequence of the Zambrano judgment third country nationals, upon whom his/her minor child with Danish nationality is dependent, may in certain circumstances have the right to reside in Denmark.

A Danish national who believes that s/he falls within the scope of the practice following from the Eind and Metock judgments or the Ibrahim and Teixeira judgement or the Zambrano jugdement or is otherwise entitled to family reunification under EU law, and his/her previous application for family reunification under EU law was refused, may request the authority which most recently processed the application to reopen the case.

It will then be assessed whether there is basis for reopening the case.

Learn more about the conditions for achieving family reunification.