Published 27-02-2020 - Last updated: 22-03-2020
New procedure regarding EU cases where an application for EU residence on the grounds of sufficient funds has been turned down because the funds consisted of income from employment carried out by a third-country citizen without a valid residence and work permit
As a result of a ruling by the European Court of Justice on 2 October 2019 on the case C-93/18, Bajratari, the Danish immigration authorities will change their administrative procedures.
Thus far, the Danish administrative procedure has been such that any income from otherwise legal employment, which was carried out without a valid residence and work permit, would be discounted when assessing whether an EU citizen had at his or her disposal sufficient funds to support him-/herself and any family members.
As a result of the ruling by the EU court, such income will be taken into consideration in connection with assessing an application for EU residence on the grounds of sufficient funds.
Furthermore, the ruling means that persons whose application was turned down for the reason described above can apply to have their case reopened. This applies to cases which were turned down from 1 May 2006 onwards. If a case is reopened, the Danish Agency for International Recruitment and Integration (SIRI) will assess whether all other conditions for residence are being met.
In order to apply for your case to be reopened, you should use application form OD1.
For more information please contact the Danish Agency for International Recruitment and Integration (SIRI) on phone number 7214 2004.
