Family Reunification in the Faroe Islands

Family reunification in the Faroe Islands and residence in the Faroe Islands on the grounds of previous Danish citizenship or Faroese/Danish descent.

If you have close relatives in the Faroe Islands, you are eligible for a residence permit in the Faroe Islands on the grounds of family reunification.

Applications for Family Reunification in the Faroe Islands will be processed by the Danish Immigration Service in accordance with the terms of Ordinance 182 of 22 March 2001 – “Application of the Aliens Act in the Faroe Islands”.

Provided that certain conditions are met, family reunification can be granted to:

spouses and cohabiting partners
children under the age of 18
parents over the age of 60
other relatives or similar of a Faroese resident

If you are granted a residence permit, it will be a temporary one. You can apply for an extension if you still meet the conditions of your original residence permit. After three years, you can apply for a permanent residence permit.

If you hold a residence permit on the grounds of family reunification, you will normally have the right to work in the Faroe Islands.

If you have previously held Danish citizenship or are of Danish/Faroese descent, Faroese immigration regulations permit you to apply for a residence permit. Read more below.

If you hold such a residence permit, you will normally have the right to work in the Faroe Islands.

Please note: Since the Faroe Islands are not a part of the European Union, EU regulations for family reunification of EU/EEA and Swiss citizens do not apply in the Faroe Islands.

Nordic citizens

Citizens of Denmark, Finland, Iceland, Norway and Sweden are free to enter, reside, study and work in the Faroe Islands. They do not need a visa or residence and work permit.

As a citizen of a Nordic country, you can enter the Faroe Islands without a passport. However, you must be able to identify yourself if required. Such could be the case if you are staying in a hotel or other form of temporary residence. A driving licence or debit card is sufficient identification.

Family members

Family members who are citizens of a Nordic country do not need to apply for a residence permit. They may freely enter the Faroe Islands according to the rules for citizens of Nordic countries.

If you hold a Danish residence permit

If you hold a Danish residence permit and would like to travel to the Faroe Islands to visit family, for holiday or other type of short visit, you must apply for a Faroese entry permit. A Danish residence permit does not give you the right to reside in the Faroe Islands.

Applications for Faroese entry permits should be submitted to the Immigration Service by mail. Please indicate the purpose of your visit and how long you intend to stay in the Faroe Islands.

Spouses and cohabiting partners

If your spouse or cohabiting partner lives in the Faroe Islands, you can apply for a residence permit on the grounds of family reunification. However, you and your spouse/partner, as well as your relationship, must meet certain requirements.

There are a number of specific requirements relating to your spouse/partner living in the Faroe Islands (also known as your 'sponsor'). These requirements primarily concern the grounds for your sponsor's residence in the Faroe Islands, as well as your sponsor's ability to support you and whether or not he/she has adequate housing.

Below follows a list of requirements which you and your spouse/partner must meet.

Requirements to your marriage

your marriage must be valid under Faroese law
the primary reason for your marriage may not have been for you to obtain a residence permit (marriage of convenience)

Requirements relating to you and your spouse/partner

you must both be over the age of 18
you must live together at the same address in the Faroe Islands when your residence permit is granted (also known as the 'cohabitation requirement')
if your sponsor is not a Danish citizen, your combined attachment to the Faroe Islands must at least as great as your combined attachment to any other country (also known as the 'attachment requirement')

Requirements relating to your spouse/partner in the Faroe Islands

Your sponsor must either:

be a citizen of one of one of the Nordic countries
hold refugee status in the Faroe Islands, or
have held a permanent residence permit in the Faroe Islands for at least three years

Furthermore, your spouse/partner in the Faroe Islands:

must reside permanently in the Faroe Islands, and must normally
have accommodation of adequate size at his/her disposal (known as the 'housing requirement'), and must normally
be able to support you (known as the 'support requirement'). This is not required if your sponsor is a citizen of a Nordic country or a refugee

Special requirements for cohabiting partners

If you and your partner are not legally married, your relationship must be of a permanent and lasting nature.

There is no minimum time limit on the length of your relationship. The Immigration Service will assess, based on all relevant information, if your relationship can be considered permanent and lasting. When making our assessment, we will consider the length of time you have known your partner, as well as any periods of joint residence in the Faroe Islands or abroad. Normally, joint residence for a period of 18 to 24 months will be sufficient to prove that your relationship is of a continuing nature. Furthermore, you must normally be able to document that you have lived with your partner for 18-24 months. Such documentation includes a lease with both your names, certificate of residence, letters received at the same address, joint insurance policies or bank accounts.

If your sponsor in the Faroe Islands is not a citizen of a Nordic country or a refugee, he/she must sign a declaration that he/she will support you financially.

Must you meet all requirements?

If you cannot claim an exemption from Faroese immigration law as a citizen of Nordic country or as a refugee, you should normally expect that all requirements must be met. However, there may be special situations in which you and your spouse/partner can be granted family reunification even though one or more of the requirements are not met.

The Immigration Service cannot make its decision about whether you and your spouse/partner can receive an exemption from one or more of the requirements until the Immigration Service has received and processed your application.

Below, you can read more about the special circumstances that can result in an exemption from one or more of the requirements.

In accordance with the Faroe Islands’ international obligations to protect the right to family life, exemptions from the following requirements can be granted to certain groups of applicants:

the attachment requirement
the housing requirement
the support requirement

An exemption can be granted if your spouse/partner in the Faroe Islands has a child from a previous relationship who is living in the Faroe Islands with an adult other than your spouse/partner, and if your spouse/partner has custody of the child or has visitation rights and sees the child on a regular basis.

Furthermore, an exemption can be granted if your spouse/partner in the Faroe Islands is elderly or has a serious illness or a debilitating handicap, and a lack of adequate care and treatment in your country would make it indefensible from a humanitarian point of view to force him/her to relocate there.

Children

Foreign nationals under age 18 who have a parent or parents living in the Faroe Islands can be eligible for a residence permit, provided that certain conditions are met:

the child must be under 18 at the time the application is submitted
the parent in the Faroe Islands must be able to document his/her relationship to the child
after the family reunification, the child must live together with his/her parents or a parent who has full or joint custody of the child
the child may not have a family of his/her own – either by marriage or cohabiting partnership

All requirements must be met.

Furthermore, the following may be considered:

whether the parent living in the Faroe Islands has adequate housing at his/her disposal (the housing requirement)
whether the parent living in the Faroe Islands can support the child financially (the support requirement). Not required if the parent living in the Faroe Islands is a citizen of Denmark or another Nordic country or is a refugee

If the parent living in the Faroe Islands is not a citizen of a Nordic country or a refugee, he/she will normally need to meet the requirements, provided that the parent in the Faroe Islands has chosen not to have personal contact with his/her child for an extended period prior to the application being submitted.

Other family members

Parents

If you are a foreign national with a child living in the Faroe Islands, you qualify for a residence permit if:

you are over 60 at the time the application is submitted,
your relationship to the child can be documented and
the child living in the Faroe Islands is a citizen of Denmark or another Nordic country or is a refugee

In order to qualify for a residence permit, your child must sign a declaration that he/she assumes responsibility for supporting you financially.

The child living in the Faroe Islands must also:

be able to support his/her parent and
have adequate housing

Others

In certain special circumstances, you may qualify for a residence permit if you have a close relationship with a person living in the Faroe Islands.

Such relationships include:

a child being adopted as part of a family adoption,
a foster child
residence with close relations
parent with a child living in the Faroe Islands who is not a citizen of Denmark or another Nordic country or a refugee

The Immigration Service will make its decision on a case-by-case evaluation. In order to qualify, your personal bond with the person living in the Faroe Islands must go beyond the family relationship itself.

In order to qualify for a residence permit, your child must sign a declaration that he/she assumes responsibility for supporting you financially.

The child living in the Faroe Islands must also:

be able to support his/her parent and
have adequate housing

Previous Danish citizenship or Faroese/Danish descent

You may qualify for a Faroese residence permit if you:

have previously held Danish citizenship (and have not be stripped of it) or
are of Danish/Faroese descent

How to apply

Below you can find information about how to apply for a residence permit on the grounds of family reunification, as a former Danish citizen or as a person of Danish/Faroese descent.

You can choose one of the four application packets:

Family reunification – spouses
> FO/FA1

Family reunification – children
> FO/FA2

Family reunification – other family members
> FO/SG1

Application for Faroese residence based on previous Danish citizenship or Faroese/Danish descent
> FO/SG2

Printed versions of the application packets are available at the Danish embassy or consulate general in your country or from the Faroese police.

Where to submit your application

Normally, you must have obtained a residence permit before entering the Faroe Islands. You can submit your application in your country. In some cases, you may be allowed to submit your application in the Faroe Islands, but this depends on your grounds for being there.

If you already hold another type of residence permit in the Faroe Islands, have a valid visa or are not required to hold a visa, you can normally submit an application for a residence permit in the Faroe Islands.

If you have procedural residence, that is, the right to stay in the Faroe Islands even though you have not been granted a residence permit, you cannot submit an application for a residence permit in the Faroe Islands.

However, in certain situations, you may be permitted to submit your application in the Faroe Islands, even though you are not there legally.

Such would be the case if travelling to your country of origin to apply for a residence permit would be a significant burden on you, your spouse/partner in the Faroe Islands and any children living in the Faroe Islands. A decision in such cases will take into account the likelihood that your application would be approved.

The Danish Immigration Service is responsible for deciding whether applications submitted in the Faroe Islands can be accepted for processing.

If you submit your application in your country of origin

You can submit your application at a Danish embassy or consulate general in your country of origin. When you have completed and submitted your application, it will be forwarded to the Immigration Service in Denmark for processing.

If you have resided permanently in another country for longer than three months, you can also submit your application at a Danish embassy or consulate general in that country. If there is no Danish embassy or consulate general in your country of origin or residence, you may submit your application in another country. You can find additional information about Danish embassies and consulates on the website of the Ministry of Foreign Affairs.

If you submit your application in Denmark

An application for a Faroese residence permit can be submitted in Denmark, if you are staying in the country legally. You can submit the application at the Danish Immigration Service. If you live outside the Copenhagen Police District and the Copenhagen Vestegn Police District, you can submit the application at the police station in your area of residence. The police will then hand over the application to the Immigration Service.

If you submit your application in the Faroe Islands

Normally, you must have obtained a residence permit before entering the Faroe Islands. If you submit your application after entering the Faroe Islands, the Immigration Service may reject your application. This means that you will have to return to your country of origin or residence and submit a new application.

In some cases, you may be able to submit your application in the Faroe Islands. The Immigration Service decides whether or not it will accept your application for processing. If your application is accepted, you may stay in the country during the processing. If the Immigration Service rejects your application, you can appeal the decision to the Ministry of Refugee, Immigration and Integration Affairs.

If you submit your application for family reunification in the Faroe Islands and the Immigration Service accepts your application for processing, you may be granted procedural residence while you wait for a ruling. Procedural residence means that you are allowed to stay temporarily in the Faroe Islands while awaiting a decision about whether you can be granted a residence permit.

If you wish to travel abroad during this period, you will normally need to apply for a re-entry permit. Without a re-entry permit, you may not be allowed back into the Faroe Islands.

While you have procedural residence, you are not allowed to work, even if it is voluntary/unpaid work. If you work illegally, you risk fine or imprisonment, as does your employer. You also risk expulsion and a temporary re-entry ban, that is, you will not be allowed to enter the Faroe Islands for a certain period of time. If you hold procedural residence, you have only a limited right to medical assistance. If you require acute medical assistance or hospital care, you will be required to contact local authorities first.

Where to submit your application in the Faroe Islands

Applications submitted in the Faroe Islands should be handed in at a police station (Chief Constable).

What documentation must you include?

It is vital to the processing of your application that you include the correct documents.

The application packet contains a thorough description of how to apply, as well as a list of the documents you need to submit.

Processing your application

When the Immigration Service has received your application for a residence permit, it will evaluate it along with the enclosed documentation. In addition, the Immigration Service will check to find out if you have been reported to the Schengen Information System (SIS).

If the Immigration Service receives information that does not correspond with the information you provided, you will normally be asked to explain discrepancies before the Immigration Service issues its decision.

Once the Immigration Service has received all necessary information relating to your application, it will issue its decision.

The Immigration Service can decline to process your application, grant you a residence permit or turn down your application for a residence permit.

How do you receive the ruling?

If you submit your application abroad, the Immigration Service will send the ruling to the embassy or consulate where you submitted your application. The diplomatic mission will then forward it to your home address or request that you pick it up in person.

If you submit your application in the Faroe Islands, the Immigration Service will send the ruling to your address in the Faroe Islands or to your attorney. The Immigration Service may also request the police to inform you of the decision. If your application for a residence permit is turned down, you will be asked to leave the Faroe Islands by a specified date. If you are not granted a residence permit, you will be informed of your avenues to appeal the ruling.

If you submit your application in Denmark, the Immigration Service will send its decision to your address in Denmark or to your attorney. The Immigration Service may also request the police to inform you of the decision. If your application for a residence permit is turned down, you will be asked to leave Denmark by a specified date. If you are not granted a residence permit, you will be informed of your avenues to appeal the ruling.

Extension of a residence permit

Family reunification

A residence permit on the grounds of family reunification is granted with a view to permanent residence but is temporary for the first few years. Normally, it is granted for one year at a time.

As soon as your residence permit nears its expiry date, you may apply for a one-year extension.

If the residence permit was granted to a child who has been reunified with a parent holding a Faroese residence permit, the permit’s validity period will match the validity period of the parent’s residence permit. A child's residence permit can be extended until the child's 18th birthday. However, it cannot be extended beyond the expiry date of the parent's residence permit.

After having held a residence permit for three years wit a view to permanent residence under section 9(1) and (2)(i) you can apply for a permanent residence permit.

Read more about permanent residence below.

Residence permit granted on the grounds of previous Danish citizenship or Faroese/Danish descent

A residence permit granted to a foreign national who has previously held Danish citizenship is granted with a view to permanent residence but is temporary for the first year.

After the first year, you can apply for a permanent residence permit.

A residence permit granted to a foreign national of Faroese/Danish descent (descended from Faroese/Danish parents/grandparents) is intended as a temporary residence permit. The initial permit is valid for one year and can be extended for a second year.

You can apply for a permanent residence permit after two years, if you meet certain requirements.

Read more about permanent residence below.

When to apply for an extension

You must submit your application for an extension no sooner than two months before, and no later than one month before your residence permit expires.

Please note that it is your own responsibility to apply in time. If you apply too late you can be prosecuted by the police and/or fined. The Immigration Service may also choose to change your residence permit’s date of issue or view and process your application for a extension as an application for an entirely new residence permit.

In order to be granted an extension, you must normally continue to meet the requirements of your original residence permit.

A residence permit on the grounds of family reunification is normally granted subject to specific conditions. For example, if you have been granted a residence permit on the grounds of marriage with a person residing in the Faroe Islands, you must live with that person.

The conditions for your residence permit are listed in the letter you received together with your original residence permit.

The length of time you must wait before you can apply for permanent residence varies depending on the type of temporary residence permit you hold. You will also need to meet a number of additional requirements.

Read more about qualifying for a permanent residence permit below.

Permanent residence permit

If you have been granted a residence permit on the grounds of family reunification in order to live in the Faroe Islands with a spouse/partner, you can normally apply for a permanent residence permit once you have held the permit for three years on the same grounds, and you meet the following requirements:

you must still meet the requirements for your original residence permit
you may not have any overdue public debts
you may not have been sentenced to conditional/unconditional incarceration or have been found guilty of another form of crime that can be punishable by incarceration

If the residence permit was initially granted to a child under the age of 18, the child cannot apply for a permanent residence permit until turning 18. If the child’s parent is also a foreign national, he/she must hold a permanent residence permit before child can qualify for a permanent residence permit, or the child must have been a legal resident of the Faroe Islands for at least three years.

In certain cases, you can apply for a permanent residence permit even though you have resided in the Faroe Islands for less than three years.

One example of how you can be granted permanent residence even though you have not resided in the Faroe Islands for three years includes:

if you are a former Danish citizen and have been granted a residence permit according to the terms of section 9(1)(i)

In order to qualify for a permanent residence permit, you must also meet the normal requirements:

you may not have any overdue public debts
you may not have been sentenced to conditional/unconditional incarceration or have been found guilty of another form of crime that can be punishable by incarceration

How to apply for an extension of your residence permit

In order to ensure that you are not asked to provide irrelevant information, the Immigration Service has developed a number of different types of application forms for specific situations.

Use the correct form – you will save time filling out the form and you will get an answer from the Immigration Service faster.

The forms listed below can be used when applying for an extension of your residence permit.

Form code	Name
FO/FA3	Application for extension of a temporary residence permit on the grounds of family reunification with a spouse
FO/FA4	Application for extension of a temporary residence permit on the grounds of family reunification for children under the age of 18
FO/FA5	Application for extension of a temporary residence permit for persons who came to Denmark as family reunified children and who are now adults (over the age of 18)
FO/FA6	Application for permanent residence (family reunified spouses)
FO/FA7	Application for permanent Faroese residence (family reunified children who have now turned 18)
FO/SG3	Application to extend a temporary Faroese residence held by individuals who are the parents, aged 60 or older, of a current resident, have close family ties or another type of close relationship to a permanent resident of the Faroe Islands or have received Faroese residency due to special circumstances
FO/SG4	Application for permanent Faroese residence held by individuals who are former Danish citizens, are the parents, aged 60 or older, of a current resident, have close family ties or another type of close relationship to a permanent resident of the Faroe Islands or have received Faroese residency due to special circumstances

Please make sure you have chosen the correct form before filling it out and submitting it.

You should also be aware that different forms are required when applying for an extension of a residence permit and when applying for a permanent residence permit.

Submitting the correct form ensures that the Immigration Service receives the correct information and can process your application faster. Specific application instructions and information about which documents to include can be found in the individual application forms.

Please note that applications for a permanent residence permit tend to take longer to process than applications for an extension of a residence permit. If you do not qualify for permanent residence, you should apply only for an extension.

How can I obtain an application form, and where should I submit it?

Application forms can be downloaded from this website.

The forms can also be obtained at a Faroese police station. Applications to extend a residence permit should be submitted at a Faroese police station or to the Immigration Service.

Important information about your passport

When you apply for an extension of your residence permit, make sure that your passport is valid. The Immigration Service can revoke or refuse to extend your temporary residence permit if you do not hold a valid passport or other travel documents. You will be asked to present your passport if you submit your application at a police station. If you send your application to the Immigration Service, you must send a copy of your passport.

Please note that your residence permit can only be extended up to three months before your passport expires. In other words, if your passport expires in 12 months, your residence permit can only be extended by nine months.

If you hold a national passport (i.e. a passport from your country of origin) it must be renewed by your country’s diplomatic mission (embassy or consulate general).

Termination of your residence permit

Even though you have been granted a residence permit on the grounds of family reunification in the Faroe Islands, your permit can be revoked or you can be denied an extension. In either case, you lose the right to reside in the Faroe Islands. This can happen for a number of reasons.

If your situation changes

The Immigration Service may revoke or refuse to extend your residence permit if the grounds on which it was granted no longer apply. Examples of this could be:

if you were granted a residence permit on the grounds of family reunification with a spouse, and you and your spouse/partner are no longer living together
if your spouse/partner was required to meet the housing requirement and he/she no longer has adequate housing at his/her disposal, or if you were granted a waiver from the housing requirement, but the reasons for granting the waiver no longer exist
if your spouse/partner was required to meet the support requirement and he/she no longer does, or if your spouse/partner was granted a waiver from the support requirement, but the reasons for granting the waiver no longer exist

Fraud

The Immigration Service has the right to revoke or refuse to extend your residence permit if you are found to have obtained it by giving the authorities false information. This applies regardless of whether you hold a temporary or a permanent residence permit.

Missing passport

The Immigration Service has the right to revoke or refuse to extend your temporary residence permit if you no longer possess a valid passport or other legitimate form of travel document.

If you submit an application to extend a residence permit at a police station, you will be required to present your passport or another form of travel document. The police will not normally need to hold on to your passport. If you send your application to the Immigration Service, you must send a copy of your passport together with your application form.

If your passport or travel document is invalid, the Immigration Service will not proceed with the case before you have had your existing passport renewed or have acquired a new passport. You will typically be given one month to do this.

The Schengen Information System (SIS)

The Immigration Service has the right to revoke or refuse to extend your residence permit if you have been reported as an undesirable in the Schengen Information System (SIS). The Immigration Service will take such action only if you are identified as committing a serious crime which would warrant deportation if committed in the Faroe Islands.

This applies regardless of whether you hold a temporary or permanent residence permit.

Your personal situation is taken into consideration

If there are extenuating circumstances, the Immigration Service may chose not to revoke or refuse to extend your residence permit. The following factors will be taken into consideration:

your connection with Faroese society, including the duration of your residence in the Faroe Islands
your age, health, and other personal circumstances
your connection to other residents of the Faroe Islands
consequences to close family members living in the Faroe Islands
your connection to your country of origin
whether you could suffer physical harm if you return to your country of origin

Victims of domestic violence

The Immigration Service can choose not to revoke or refuse to extend your residence permit, if you have left your spouse/partner because you are the victim of domestic violence, mistreatment or any other form of abuse. This includes serious psychological abuse.

In order for the authorities to consider making an exception in your case you must prove that domestic violence is the reason you no longer live with your spouse/partner.

Domestic violence can be documented by presenting a police report (if the abuse has been reported to the police), statements from social workers or reports from a hospital emergency room, general practitioner or crisis centre. You must also verify that domestic violence is the reason you no longer live with your spouse.

The Immigration Service will determine whether extenuating circumstances apply in your situation. Such extenuating circumstances include: whether you have children living in the Faroe Islands, or whether returning to your country of origin would jeopardise your social well-being – for example, if you risk social ostracism because you left your spouse. The length of time you have lived in the Faroe Islands and how well integrated you are will also be considered.

Normally, victims of domestic violence who have lived in the Faroe Islands for two years or more before leaving their spouse are granted a waiver. If you have lived in the Faroe Islands for less than two years, you will normally only be granted a waiver if there are extenuating circumstances.

If you wish, the Immigration Service can help you file a police report against your spouse/partner.

Your residence permit can lapse if you leave the Faroe Islands

If you leave the Faroe Islands for an extended period of time, or if you no longer maintain a residence in the Faroe Islands, your residence permit can lapse.

Even if you maintain a residence in the Faroe Islands (that is, if you are registered at an address in the Faroe Islands), there is a limit to how long you may be outside the country if you wish to keep your residence permit. If you do not return to the Faroe Islands within the time limit, your residence permit will automatically lapse.

Read more about how to prevent your residence permit from lapsing below.

If you leave the Faroe Islands

If you leave the Faroe Islands for an extended period of time, or if you no longer maintain a residence, your residence permit can lapse.

What happens if my residence permit lapses?

If your residence permit lapses, you lose your right to reside in the Faroe Islands. This means that if you have been outside the Faroe Islands for an extended period of time and wish to return, you may be denied re-entry.

If your residence permit lapses and you wish to return to the Faroe Islands, you will need to apply for a new residence permit. Your new application will be processed according to current regulations. The grounds for issuing your original residence permit will not be considered.

How can my residence permit lapse?

Your residence permit will automatically lapse if you give up your residence in the Faroe Islands and leave the Faroe Islands with no intention of returning. This applies even if you hold a permanent residence permit.

If you maintain a residence in the Faroe Islands, the period of time you may be outside the country before your residence permit lapses depends on how long you have lived in the Faroe Islands. If you have legally resided in the Faroe Islands for less than two years, you may be outside the country for a maximum of six months. If you have legally resided in the Faroe Islands for more than two years and qualify for permanent residence, you may leave the country for a maximum of 12 months. If you do not return to the Faroe Islands within the time limit, your residence permit will automatically lapse.

Time spent outside of the Faroe Islands due to military conscription or other types of involuntary service is not counted.

Time spent in Greenland or Denmark is seen as time spent outside the Faroe Islands.

If you have refugee status (that is, if you have a residence permit on the grounds of asylum) in the Faroe Islands, your residence permit will only lapse if you return to your country of origin, or if you have been offered protection in a third-country.

How do I keep my residence permit from lapsing?

You can apply for dispensation, that is, request that the Immigration Service to allow your residence permit to remain valid before you leave the Faroe Islands. If the six or 12 month validity period expires (see above) and your permit lapses while you are outside the Faroe Islands, you can apply to have your residence permit not be considered as lapsed.

Application for dispensation

You can apply for dispensation, that is, you can request that the Immigration Service permit you to stay outside of the Faroe Islands for longer than the six or 12 month limit without your residence permit lapsing. You must apply before leaving the Faroe Islands, and it must be your intention to remain outside of the Faroe Islands temporarily.

In addition, you must have a specific purpose for leaving the Faroe Islands, such as:

work
education
foreign posting for a Danish/Faroese authority, institution, organisation or company
foreign posting for an international institution, organisation or company headquartered in the Faroe Islands

How long is the dispensation period?

Decisions about dispensation are made on a case-by-case basis, and will depend on a number of factors, such as: why you are applying for dispensation, how long you have lived in the Faroe Islands, and your ties to the Faroe Islands. Normally, the dispensation period can be extended to a maximum of three years. If you do not wish to return the the Faroe Islands within this period, you can apply for an extension of your dispensation period. Applications for extension must be made before the original dispensation period expires.

If you do not return to the Faroe Islands before the dispensation period ends, your residence permit will lapse. This means that if you wish to return to the Faroe Islands, you will need to apply for a new residence permit.

Family members

If you have been granted dispensation, it can also be applied to your spouse/cohabiting partner as well as any children under the age of 18 who are living with you. The length of your family members' dispensation will be the same as yours.

If your spouse/partner remains in the Faroe Islands, and if he/she holds a temporary residence permit on the grounds of family reunification, his/her residence permit can be revoked, as the requirement that you share the same address would no longer be met.

Requesting that your residence permit not be considered as lapsed

You can request the Immigration Service not to consider your residence permit as lapsed if you remain outside the Faroe Islands for longer than the permitted length of time.

The Immigration Service can decide that your residence permit should not be considered as lapsed if:

it was your intention to return to Denmark before the six or 12 month time limit, and
you were prevented from returning to the Faroe Islands by unforeseen circumstances beyond your control. Such circumstances include: illness, imprisonment, war-like situations, natural disasters or problems leaving the country in which you were staying

It is important that you apply as soon as you are able to return to the Faroe Islands.

How to apply

Please remember to include all the necessary information and documentation in your application. Doing so ensures that the Immigration Service can process your application as quickly as possible.

Each application form contains a detailed description of how you should complete the form, and which documents you must attach.

Please note that form FO/BF1 is to be used when applying for dispensation before leaving Denmark. FO/BF1 is also used when applying for an extension of the dispensation period.

FO/BF2 is intended for use when requesting that the Immigration Service not consider your residence permit as lapsed even though you have remained outside the Faroe Islands for longer than the permitted length of time.

You can download forms FO/BF1 and FO/BF2.

They can also be obtained from a Danish embassy or consulate general, or at a Faroese police station (Landfogeden).

Applications can be submitted to the Immigration Service or the Faroese police (Landfogeden).

If you are outside the Faroe Islands, you can submit your application at a Danish embassy or consulate general in the country where you are staying. Your application will then be forwarded to the Danish Immigration for processing.

If there is no Danish diplomatic mission in the country where you are staying, the Danish Immigration Service may allow you to submit your application in another country. You can find information about Denmark’s embassies and consulates at the website of the Ministry of Foreign Affairs.

If you are outside the Faroe Islands and would like to apply for dispensation, you must apply before returning to the Faroe Islands.

Processing your application

When the Danish Immigration Service has received your application, it will be processed along with the attached documentation and other information. The Danish Immigration Service will also check to see if you have been reported to the Schengen Information System (SIS).

If the Danish Immigration Service receives information that does not correspond with the information you have provided, you will be asked to explain any discrepancies before the Danish Immigration Service issues a decision.

How do you receive the decision?

If you apply for dispensation before leaving the Faroe Islands, the Danish Immigration Service will send its ruling to your Faroese address. If the Danish Immigration Service has turned down your application, this means that you may only leave the Faroe Islands for the normal period of time (six or 12 months). If you exceed this time limit, your residence permit will lapse. In this case, the letter with the decision will include information about how to appeal the decision.

If you request that your residence permit not be considered as lapsed, and the Immigration Service rules in your favour, the decision will be sent to your contact address in the Faroe Islands or another country.

If your application is turned down, and you are in the Faroe Islands, you will be informed by the police or your attorney.

If are outside the Faroe Islands, the Danish Immigration Service will send the decision to the embassy or consulate general where you submitted your application. The decision will then either be sent you or you will be asked to pick it up in person. If the Danish Immigration Service turns down your application, you cannot return to the Faroe Islands and will have to apply for a new residence permit. If this is the case, the letter with the decision will include information about how to appeal.

Appeal guidelines

You can appeal Danish Immigration Service decisions to the Ministry of Refugee, Immigration and Integration Affairs. However, appeals about Danish Immigration Service decisions regarding asylum must be submitted to the Danish Refugee Appeals Board.

Who can appeal to the Ministry?

You can appeal to the Ministry if you are a foreign national covered by the Danish Immigration Service's decision.

Party representatives can appeal the Danish Immigration Service's decision to the Ministry on your behalf. The Ministry considers certain professionals, such as lawyers and legal aid offices, as party representatives, who can appeal to the Ministry about the Danish Immigration Service’s decision without a written power of attorney.

The Ministry also considers your closest relatives living in the Faroe Islands as party representatives who can appeal to the Ministry without a written power of attorney on your behalf. For example, parents, siblings, children of legal age and a spouse residing in the Faroe Islands can appeal to the Ministry about Immigration Service decisions in residence permit cases, e.g. cases regarding family reunification.

In cases regarding visas, the sponsor in the Faroe Islands can represent the applicant without a written power of attorney.

In cases regarding humanitarian residency permits, in addition to professional party representatives, the applicant’s spouse alone can represent the applicant without a written power of attorney.

Other individuals or institutions/associations who wish to appeal a decision made by the Danish Immigration Service must have a written power of attorney from the person who is covered by the decision in order to be able to appeal to the Ministry. Download power of attorney forms in Danish and English.

How is an appeal submitted to the Ministry?

You can send a written appeal to the Ministry of Refugee, Immigration and Integration Affairs, Holbergsgade 6, 1057 Copenhagen K.

The appeal can also be submitted to the Danish Immigration Service, which will then forward the appeal to the Ministry.

You can send an appeal by telefax: +45 33 11 12 39, or by e-mail: inm@inm.dk.

You can submit your appeal to the Ministry in person weekdays from 9 a.m. to 12 noon.

The appeal should contain your Alien Identification Number or the IVR number and a copy of the Danish Immigration Service's decision.

To shorten the case processing time for visas as much as possible, documents that are submitted to the Ministry in connection with an appeal about rejection of visa should be translated to Danish, English, French or German.

How is the appeal processed in the Ministry?

The Ministry receives an appeal regarding the Danish Immigration Service's decision.

The office that processes the case obtains the records of the case and, if required, requests a statement or explanation about the case from the Danish Immigration Service. The Ministry normally does not request a statement from the DanishImmigration Service in visa appeal cases.

The Danish Immigration Service forwards the records of the case and, if required, a statement about the case.

The Ministry conducts any party hearings about the Danish Immigration Service's statement and, in special cases, a supplementary hearing of the Danish Immigration Service will be conducted.

The Ministry may obtain further information or documentation, as well as conduct party hearings about this information.

The case is then ready for a decision in the Ministry. The Ministry makes the final decision in the case. Normally, however, additional processing time should be expected. The length of time varies depending on the type of the case, the character of the actual case and the number of cases being looked at by the Ministry.

Processing personal information

You can appeal decision made by the Immigration Service or the police to the Ministry for Refugee, Immigration and Integration Affairs or apply to the Ministry for a residency permit.

The Danish Personal Data Act obligates the Ministry to inform you that when processing your case, the Ministry will handle the personal information about you wholly or partially with the help of electronic data processing, including gathering and forwarding of personal information about you. This also applies if you have appealed due to questions about the manner in which your application was processed.

The information is processed with the purpose of making a decision in your appeal or application case.

Below is other information, including information about the Personal Data Act, which you should be informed of.

If you apply for a permit pursuant to the Aliens Act, you are obligated to contribute information about the case. You must, among other things, submit information necessary for the evaluation of whether a residence permit may be granted, be revoked or lapse.

If you do not provide this information, the Ministry may choose to deny your appeal or reject your application.

You can read more about the obligations for contributing to the information of the case in Section 40 of the Danish Immigration Act, below.

You have, if you so request, the right to be informed about which information the Ministry is processing, the reason for obtaining the information, the categories of the recipients of information and where the information originates.

Requests for the above-mentioned should be directed to the Ministry of Refugee, Immigration and Integration Affairs, Holbergsgade 6, 1057 Copenhagen K, Tel.: +45 33 92 33 80, e-mail: inm@inm.dk.

Processing of your request will be expedited if you provide the Alien Identification Number or, in visa cases, the IVR number, or give other precise information which can help the Ministry to quickly find the required personal information about you.

If the Ministry processes personal information incorrectly or misleadingly or in a similar manner processes personal information in conflict with the legislation, the Ministry must correct or delete the information.

If your case is an appeal regarding a decision made by the Immigration Service or the police, the Ministry will obtain the documents of the case from the Danish Immigration Service or the police.

All information you have given to the Danish Immigration Service or the police in connection with the processing of the case will then be included in the Ministry’s processing of the case.

The Ministry will, if necessary, obtain information from the Aliens Register, the Common Visa System (WIVR) and the Central Persons Register.

The Ministry's processing of the appeal will likely involve forwarding information to the Danish Immigration Service, the Refugee Appeals Board, local authorities, the police and/or Danish embassies or consulates to the extent necessary.

You can read more about the rights afforded you by the Personal Data Act below (Paragraphs 11 and 13).

Application of the Danish Aliens Act in the Faroe Islands, section 40

Section 40. A foreign national must submit the information that is necessary for assessing whether a permit pursuant to this act can be granted, withheld or cancelled, or whether the foreign national is legally residing in the Faroe Islands. If summoned, the foreign national must appear for a personal meeting and upon request make available his/her passport or travel document as part of processing of applications pursuant to the act. Other individuals deemed to be in possession of information that can influence the Immigration Service’s decision can be required to provide the information named in Point 1.
(2) A foreign national must provide the Immigration Service with any information about his/her financial situation that is necessary for determining whether he/she can be required to repay any benefits received, cf. Section 42a(4).
(3) If the police assume responsibility for the foreign national’s outward journey from the Faroe Islands, the foreign national must provide any information required, as well as assist in providing the necessary travel documents and visa and for the outward journey. Upon request from the police, the court can, if deemed necessary, decide that a foreign national who does not wish to provide information required in order to carry out the repatriation must appear before his/her home country’s embassy or consulate, or that of a third country, or that the foreign national’s finger prints, recorded in accordance with Section 40(1) and (2), can be released to the foreign national’s home country’s embassy or consulate or the embassy or consulate of a third country. The court appoints a lawyer for the foreign national. The ruling of the court is made by judgement, which can be appealed according to the rules in Title 37 of the Faroese Administration of Justice Act. The appeal does not have a delaying effect. The courts will correspondingly use Title 43 a of the Faroese Administration of Justice Act.
(4) If a person submits information in cases which fall under this law, the immigration authorities can demand that the individual make a sworn declaration.
(5) Individuals who make false declarations or in any another way aids or tries to aid a foreign national attempting to achieving a Faroese residence permit by deceit must reimburse the state for any expenses incurred as part of the foreign national’s inward journey, stay and outward journey or as part of the processing of the foreign national’s application. An execution of distraint order is added to the demand.
(6) For information in cases which fall within this law, examination can be admitted in the court, cf. section 1018 of the Faroese Administration of Justice Act.
(7) Documents and items that may be considered as being important to determine a foreign national’s identity or affiliation to other countries can be taken into custody if it is deemed necessary. Titles 72 and 73 of the Faroese Administration of Justice Act and the rules regarding the confiscation in Title 74 of the Administration of Justice Act, are used to the same extent as in cases which regard crimes that can lead to prison sentence.
(8) If a foreign national who has applied for a residence permit according to section 7 fails to appear after having been summoned to a personal meeting at the Danish Immigration Service or the police without a reported, legal absence, the foreign national’s application for a residence permit is cancelled according to section 7. The summons must contain information about the effects of absence. In special cases, the Immigration Service can decide that an application not be cancelled.

Sections 11 and 13 of the Danish Personal Data Act:

Section 11. Adequate steps must be taken to ensure that incorrect or misleading information is not registered. Incorrect or misleading information must be deleted or corrected as soon as possible.

Section 13. Data managers are required to respond as soon as possible to requests by individuals to be told which information them has been registered.
(2) Data mangers can be required to inform individuals in their systems at regular intervals which information about him/her is contained in the register. Individuals should also be permitted access to the information. Guidelines for payment for the aforementioned can also be established.
(3) If a person listed in the hospital register or any other register of patients or illness sufferers requests access to the information contained about him/her in the register, such a request must be made to his/her general practitioner, who will contact the data manager for the register in question as soon as possible. The data manager will deliver the information about the person making the request to the general practitioner as soon as possible. The general practitioner will release the information to the person making the request.
(4) The terms of Paragraph 1 do not apply if it is determined that other public or private considerations outweigh the individual’s interest in obtaining the information. If such considerations apply to only some of the information about the individual, the remaining information shall be released.
(5) The terms of (1) to (3) do not apply to registers established solely for obtaining statistics. Other registers can be made exempt from requests made under the terms of (1) if it can be assumed that a general refusal can be made according to the terms of (4).
(6) An individual who has been granted access under one of the abovementioned terms, may not make a new request for access for a period of 12 months, unless he/she can argue there are grounds for doing so.

Links

Faroese Police (available in Faroese and Danish only)

Útlendingstovan / The Faroese Immigration Office

Faroese Tax Authority /TAKS

Contact