Forced marriages
A forced marriage is defined as a marriage entered into
against the wishes of one or both of the spouses.
How does the Immigration Service determine whether a marriage is forced?
When assessing whether a marriage may have been forced, the Immigration Service evaluates all information available to it.
If the spouses are closely related (e.g. cousins), the Immigration Service will normally assume that they did not marry of their own free will. As a result, such applications will usually be rejected.
If there are previous examples of spouse reunification within the spouses’ closest families, this is a circumstance which may indicate that the marriage is forced.
In addition, the Immigration Service will pay particular attention to:
- Circumstances surrounding the wedding, and the spouses' personal contact and relationship prior to the marriage
- The age of the spouses
- The duration of the marriage
- The spouses' contact and relationship with their prospective families-in-law prior to the marriage
- The spouses' personal situations, including financial situation and professional and educational backgrounds
- nformation about any contact that may have been made by either spouse to a crisis or counselling centre
Also taken into consideration will be whether the spouses' families have been actively involved in arranging the wedding. However, it must be emphasised that a marriage will not automatically be characterised as 'forced' simply because it occurs with the co-operation of the two respective families.
The Danish authorities, including Danish diplomatic missions abroad, where an application for family reunification is usually submitted, and the Immigration Service in Denmark, are instructed to pay special attention to conditions which may indicate that a marriage has been forced.
If, when receiving the application, the diplomatic mission becomes suspicious that a marriage may have been forced, the applicant will be interviewed about the circumstances of the marriage.
When the application is forwarded to the Immigration Service, it will ask the spouse in Denmark to answer in writing a series of questions regarding the circumstances surrounding the marriage. Upon receiving the answers, the Immigration Service may summon the spouse to an interview.
The final ruling will be made by the Immigration Service on the basis of all available information in the case.