Other family members
This group comprises all other family members than children under 15 years and spouses/partners, for example, children over 15 years or parents whose adult children live in Denmark.
Other family members can apply for family reunification with a person residing in Denmark under the Danish Aliens Act, section 9c(1).
According to the Danish Aliens Act, section 9c(1), a residence permit can only be granted if special reasons, such as considerations for the unity of the family, apply.
This means that family reunification will only be granted to other family members if turning down the application would go against Denmark's international obligations, such as the European Human Rights Convention, article 8, concerning the right to a family life.
The focus of this article is the traditional, European nuclear family, that is, father, mother and children under the age of 18. Consequently, Denmar will only allow family reunification between parents and children over the age of 18 in extraordinary cases.
When assessing an application, the Immigration Service will consider whether a family life has been established which is worth protecting. This includes whether the ties between the persons exceeds what follows from the familial ties alone, whether the applicant has been a member of the household of the person now residing in Denmark for a number of years, whether the person now residing in Denmark has supported the applicant before and after coming to Denmark, whether the applicant is unable to support him/herself for health reasons, and whether there are persons or social institutions that can care for the person in his/her country of origin.
In other words, family reunification will only be granted in extraordinary cases.
The category 'other family members' also includes a parent applying to be family reunified with his/her child under the age of 18 who is living in Denmark. It is only possible to be granted family reunification with one's child under 18 if the child's other parent is not the applicant's spouse/partner. If the child's other parent is the applicant's spouse/partner, the applicant should apply for family reunification with a spouse. Read more about family reunification with a spouse.
If the child's other parent is not the applicant's current spouse/partner, but is the applicant's former spouse/partner, the decisive factor is how much interaction the applicant has had with his/her child, and the child's general attachment to Denmark.
Please note that a residence permit will not be granted to a parent in order for the parent to establish an attachment to his/her child. The decisive factor is the level of attachment which already exists.
If the applicant is a citizen of a non-EU country, and is the parent and provider of a child under the age of 18 who lives in Denmark and is a Danish citizen, the applicant may be entitled to a residence permit under EU regulations. This follows from the Zambrano case. Read more about the Zambrano case.
How to apply
Read more about how to apply for family reunification.