Applications which can be submitted in Denmark without causing a penalty period or the forfeiture of a financial guarantee
The visa holder will
not be prevented from obtaining a new visa (given a penalty period), and a financial guarantee will not fall due for payment if the application concerns the following types of residence permits, cf. the Danish Aliens Act, Section 4c (4) (penalty period) and Section 4 (5) (forfeiture of a guarantee):
- an application for a residence permit on the grounds of family reunification, if the visa holder is either the spouse/partner or child under 15 of the person residing in Denmark, cf. the Danish Aliens Act, Section 9 (1), (1 and 2);
- an application for a residence permit submitted with reference to special circumstances, if the visa holder is either the spouse/partner or child under 15 of the person residing in Denmark, cf. the Danish Aliens Act, Section 9c (1);
- an application for a residence permit as a student, cf. the Danish Aliens Act, Section 9c (1);
- an application for a residence permit under the 'cities of refuge' programme (i.e. if the visa holder is engaged in literary activities and has been offered residence by a local council as part of its membership of an international organisation), cf. the Danish Aliens Act, Section 9c (4);
- an application for a residence and work permit, if the permit is granted (i.e. if the visa holder meets the requirements for obtaining a residence permit under the greencard scheme, the positive list, the pay limit scheme or the corporate scheme, or due to essential employment or business considerations), cf. the Danish Aliens Act, Section 9a (2) (1-4 and 6).
The visa holder will not be prevented from obtaining a new visa, and a financial guarantee will not fall due for payment, if humanitarian considerations make it conclusively inappropriate, cf. the Danish Aliens Act, Section 4c (4) (6) (penalty period) and Section 4 (5), (6) (forfeiture).
However, even if the application for a residence permit is covered by the exceptions above, a penalty period will still be imposed and the financial guarantee will fall due for payment, if the main purpose of the application is to avoid the forfeiture of the financial guarantee.
The same applies if the reason for the application is to extend the visa holder's stay in Denmark, even though it is obvious that the applicant does not qualify for a residence permit, cf. the Danish Aliens Act, Section 4c (5) (penalty period) and Section 4 (6) (forfeiture).