Published 01-07-2021
An amendment to the short term visa rules
On 1 July 2021, an amendment to the Aliens Act will take effect. The consequence of this amendment is, among others, that the short term visa applicant him/herself will have to appeal against a decision of refusal by the Danish representations abroad. Previously, some type of refusals of short term visa applications were automatically appealed to the Immigration Service.
This amendment also has the consequence that a foreign national who gives birth in Denmark after having entered on a Danish visa might be excluded from obtaining a Danish visa for three years.
If you have received a refusal of your visa application and wish to lodge an appeal against the refusal
If a foreign national has applied for a short term visa at a Danish representation (an embassy or a general consulate) abroad and has had the visa application refused, and he/she wishes to lodge an appeal against the refusal, the appeal must be submitted to the Immigration Service. The appeal must be submitted no later than 8 weeks after the foreign national receives the refusal of the Danish visa. An appeal guidance will be included in the decision of the representation, and it is also possible to find more information on this subject on newtodenmark.dk.
If a foreign national who has entered on a Danish visa gives birth in Denmark during the visa period
If a foreign national has obtained a Danish short term visa and gives birth in Denmark during the visa period without having made an agreement with a hospital regarding the birth including the payment, the foreign national may have a penalty period of 3 years imposed. Consequently, the foreign national will not be able to obtain a Danish visa for three years from the time of the departure after the birth.
As an example, the foreign national will have a penalty period imposed relating to any future short term visa application if she has obtained a visa and enters the country so late in her pregnancy that she ought to know that there is every probability that she will give birth in this country during the visa period. She will also be imposed a penalty period if she, shortly before the expiration of the visa, instead of leaving the country in accordance with the visa, lodges an application for an extension of visa due to the birth being so imminent that she either does not wish to or believe that she is able to travel out of the country.
The foreign national will be imposed a penalty period whether she has left the country in accordance with her short term visa, or whether she used the option to have the time limit for her departure postponed and therefore obtained an extension to her stay in Denmark. The crucial point is whether, prior to the foreign national’s entry into Denmark with a visa, an agreement about the birth, including payment was made with a private hospital.
However, the foreign national will not be imposed a penalty period if she proves that the birth in this country is due to unforeseen circumstances that are out of her control or if there are particular grounds including grounds preventing her from obtaining a visa which constitute an evident disproportionate reaction.