Divorce or end of cohabitation

If you were granted a residence permit on the grounds of family reunification with a spouse/partner, and you get divorced or no longer live together, you no longer meet the requirements for your residence permit. This also applies if your spouse or partner passes away. On this page, you can read more about what this means for your right to stay in Denmark.

The expected maximum processing time is:
6 months

The fee is:
DKK 5,225,-

What happens to your residence permit after divorce or end of cohabitation?

When you have a residence permit based on family reunification with a spouse or partner, you no longer meet the requirements for your residence permit if you get divorced or no longer live together.

If you no longer meet the requirements for your residence permit, the Danish Immigration Service will decide whether your residence permit should be revoked or denied to be extended, or whether your residence permit can be retained.

If your residence permit is revoked or denied to be extended, you no longer have the right to reside in Denmark and must leave, unless you have the right to reside in Denmark on another basis.

Below, you can read more about the requirements to retain/extend your residence permit.

Please note that special rules apply if:

  • you and your spouse/partner no longer live together or get divorced because you or your child have been subjected to abuse, mistreatment or other harm, etc. in this country or
  • your spouse/partner has passed away

The term "abuse, etc." in this context may include:

  • Violence in the form of physical assault or crimes involving physical assault, such as rape or robbery.
  • Threats of violence
  • Exposing others to danger, e.g. by creating a dangerous situation that may lead to imminent danger to someone's life or limb, cf. the Danish Criminal Code sections 250-254
  • Repeated or severe psychological violence.
  • Violation by neglectful or degrading treatment of persons under the age of 18, cf. the Danish Criminal Code section 213.
  • Negative social control.

In which cases can your residence permit be retained despite divorce or end of cohabitation?

When you have a residence permit based on family reunification with a spouse or partner, you no longer meet the requirements for your residence permit if you get divorced or no longer live together.

If you no longer meet the requirements for your residence permit, the Danish Immigration Service will decide whether your residence permit should be revoked or denied to be extended, or whether your residence permit can be retained.   

The assessment of your case depends on whether your spouse/partner is a refugee or not – you can read more about the difference below.

If you have personal circumstances that mean that a revocation or a denial of extension would be particularly burdensome for you, the residence permit will be retained or extended. In this assessment, the Danish Immigration Service looks at your personal circumstances and ties to Denmark, including:

  • Your attachment to Danish society, including how long you have been in Denmark.
  • Age, health conditions and other personal circumstances.
  • The attachment to persons who live in Denmark.
  • Consequences for your close family members living here.
  • Lack of or little attachment to the home country. 
  • Whether you will face harm in your home country.

 

If you have a residence permit on the grounds of family reunification with a refugee and the basis for your residence permit no longer exists, your residence permit can only be retained/extended if it would be a violation to Denmark's international obligations to revoke or deny to extend your residence permit (however, see below if you or your child have been subjected to violence). It is particularly Article 3 (prohibition of torture or degrading treatment) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights that are important in this assessment.

When assessing this, factors such as your connection to the labour market, participation in non-profit organizations, and Danish language skills will be considered, but they will be given less weight in the evaluation of whether you can retain your residence permit compared to if you have a residence permit based on family reunification with a person who is not a refugee.

There are special possibilities to retain a residence permit if your spouse/partner passes away. This applies regardless of whether you are family reunified with a spouse/partner who is a refugee or a spouse/partner who is not a refugee. The Danish Immigration Service may choose not to revoke the residence permit if the cohabitation ends because your spouse or cohabiting partner, with whom you have been family reunified, has passed away. This also applies even if you have only resided in the country for a short period. 

If your spouse/cohabiting partner has passed away, it is a requirement to retain your residence permit that you have demonstrated the will and ability to integrate. This can be presumed if you have resided in Denmark for 2 years or more at the time of your spouse’s death and, e.g., are or have been employed, are or have been seeking employment, or have participated in Danish language lessons. 

If you have resided in Denmark for less than 2 years at the time of your spouse’s death, you must to a greater extent demonstrate that you have had the will and ability to integrate into Danish society. This may include, e.g, that you have worked or started an education in this country. You may also have been actively seeking work, participated in Danish language training or taken an active role in associations or the local community, etc. 

If the assessment is that you have not demonstrated the will and ability to integrate, your residence permit cannot be retained under this special provision. 

In such cases—if your spouse/partner is not a refugee—we will assess whether your residence permit should be retained due to Denmark’s international obligations or whether it can otherwise be retained based on your attachment to Denmark and your personal circumstances. If your spouse/partner is a refugee, your residence permit can only be retained if it would violate Denmark’s international obligations to revoke or deny to extend it.

 

How is a case about revoking or denying an extension of your residence permit processed?

A case about revoking a residence permit begins when we receive information, e.g., from you, your spouse/partner, or other authorities, that you no longer live with your spouse/partner.

Unless your residence permit probably can be retained, you will receive a letter from us requesting your comments (notice of consultation) regarding the end of cohabitation. At the same time, we will ask you to complete a form about your personal circumstances and attachment to Denmark. You must include relevant documentation, such as Danish language skills, completed education in Denmark, employment history, family circumstances, health conditions, etc.

If you hold a valid residence permit that is not about to expire when you get divorced or end cohabitation with your spouse/partner, you must contact us. We will then assess whether your residence permit can be retained, even though the basis for the permit is no longer valid.

You must apply for an extension of your residence permit before it expires, regardless of the end of cohabitation. This also applies even if you have an ongoing case about revocation.When applying for an extension after a divorce or the end of cohabitation, you must use application form SG4. Read more about how to apply under the tab “How to Apply.”Once you have applied, the Danish Immigration Service will assess whether your residence permit can be extended based on the information provided in your application. 

The Danish Immigration Service makes decisions in cases based on a specific and individual assessment of the information in your case. 

Please note that the Danish Immigration Service cannot inform you of the expected outcome of your case while it is still being processed. If you contact the Danish Immigration Service during the processing of your case, you can receive general guidance on the process, the circumstances considered when assessing revocation or denial of extension of a residence permit, legal regulations, etc.

What are your rights while the Danish Immigration Service is processing your case?

You still have the right to reside in Denmark while your case regarding revocation or extension is being processed by the Danish Immigration Service. 

You also have the right to work and study in Denmark.

You must remember to apply for an extension of your residence permit before it expires if you wish to continue your stay in Denmark. You can apply for an extension no earlier than 3 months before your residence permit expires. 

When applying for an extension after you have been divorced or no longer live with your spouse/ partner, you must use application form SG4. Read more about how to apply under the 'How to apply' tab.

What are your options if your residence permit is revoked or not extended?

If your residence permit is revoked or denied to be extended, you will receive a decision from the Danish Immigration Service. The decision will generally include a deadline by which you must leave Denmark, unless you have the right to stay in Denmark on another basis. The decision will also provide guidance on how you can appeal the Danish Immigration Service's decision. If you appeal the decision, the Immigration Appeals Board (Udlændingenævnet) can grant you the right to remain in Denmark while your appeal is being processed.

 

If you fear persecution in your home country

If you fear persecution in your home country due to your race, religion, nationality, membership of a particular social group, or political opinions, you have the option to apply for asylum. 

Read more about asylum

 

If you are employed

If you are employed at the time the Danish Immigration Service makes a decision about the revocation or denial of an extension of your residence permit based on family reunification, you can apply for a new residence permit based on employment with the Danish Agency for International Recruitment and Integration (SIRI). One requirement is that you have had employment in Denmark for at least 2 years with the same employer under standard pay and employment conditions. 

Your application must be submitted no later than 7 days after the Danish Immigration Service’s decision on the denial of extension or the revocation of your original residence permit. If you apply for a residence permit based on employment, it does not prevent you from appealing the Danish Immigration Service's decision to the Immigration Appeals Board. If you appeal the decision, you may also apply for a residence permit based on employment once the Board has made a decision in your case. The application must be submitted no later than 7 days after the Immigration Appeals Board’s decision.

Read more about residence permits based on employment

 

If you are studying or enrolled in education

If you are studying or enrolled in education at the time the Danish Immigration Service makes a decision about the revocation or denial of an extension of your residence permit based on family reunification, you can apply for a new residence permit based on your education with SIRI. One requirement is that the education can lead to a job function that qualifies for a residence permit under the Positive List for Skilled Work or the Positive List for People with a Higher Education. 

Your application must be submitted no later than 7 days after the Danish Immigration Service’s decision on the denial of extension or the revocation of your original residence permit. If you apply for a residence permit based on education, it does not prevent you from appealing the Danish Immigration Service's decision to the Immigration Appeals Board. If you appeal the decision, you may also apply for a residence permit based on education once the Board has made a decision in your case. The application must be submitted no later than 7 days after the Immigration Appeals Board’s decision. 

Read more about residence permits based on education

Note: The guidance on how to apply is only relevant if you are applying for an extension of your residence permit after you are divorced or no longer live with your spouse/cohabiting partner. You must only submit an application for an extension if there are less than 3 months remaining before your current residence permit expires. 

To apply for an extension, follow the steps below.

You need to fill in the application form. You will also need to enclose documentation. It is a good idea to gather the documentation before you start.

You may need:

You must use the digital application form SG4 online to apply for an extension of your residence permit if you are divorced or no longer live with your spouse/partner.

You need MitID when filling out the application form. Read more about MitID

Start digital SG4 application

 

Family reunified spouses/partners are required to use the online version of application form SG4 when applying for a residence-permit extension based on divorce or end of cohabitation. Read more about mandatory online self-service

It is normally required that you have a valid passport. It is therefore mandatory to enter passport information in SG4 online. If you do not have a valid passport or other travel identification, but still wish to apply, you can use the paper-based application form. In the online form, you can also enter arbitrary characters under passport information (e.g. passport number 111) and state this under comments at the end of the application.

When you submit an application to the Immigration Service, we will process your personal information. You can read more about your rights and how we process your information in the application form or on this page: Personal data – How we process your data 

When you submit your application, you will normally need to provide us with your fingerprints and a picture of your face (biometric features) within 4 weeks. Your biometric features are required in order for you to get a new residence card. 

You can have your biometric features recorded at the Immigration Service’s Citizen Service. You must book an appointment before you show up at the Citizen Service. 

Read more about where the Immigration Service’s Citizen Service has branch offices and how you book an appointment 

Read more about residence cards with fingerprints and facial pictures

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Last updated 20-03-2025 - Published by: The Danish Immigration Service