The Immigration Service may revoke or refuse to extend your temporary residence permit if the grounds on which it was granted no longer apply. Examples of this include, if you were granted a residence permit on the grounds of family reunification with a spouse/partner, and you divorce your spouse or your cohabitation with your partner ends.  This will also be the case if your spouse/partner has passed away.

Personal situation taken into consideration

If you have residence permit on the grounds of family reunification with a person, who is not a refugee

If your personal situation indicates that revoking or denying extension of your residence permit would be particularly traumatic, the Immigration Service will not revoke or deny extension of your residence permit.

Some of the things the Immigration Service will consider are:

  • Your attachment to Danish society, including the duration of your residence in Denmark
  • Your age, health, and other personal circumstances
  • Your attachment to others in Denmark
  • Consequences to close family members living in Denmark
  • Your attachment to your home country
  • Whether returning to your home country would endanger you

If you have residence permit on the grounds of family reunification with a refugee

Your residence permit must normally be revoked unless it violates Denmark’s international obligations including in particular Article 3 and 8 of the European Convention on Human Rights. In the assessment of this less weight is attached to your attachment to e.g. the labour market, activity in non-profit organizations and your Danish language skills than if you have residence permit on the grounds of family reunification with a person who is not a refugee.

Victims of domestic violence

There are special possibilities for keeping a residence permit, if you are victim of violence. The Immigration Service can choose not to revoke your residence permit, if you have left your spouse or partner because you or your child are the victim of domestic violence, mistreatment or any other form of abuse. This includes serious psychological abuse. This also applies if you are granted residence permit on the grounds of family reunification with a spouse/partner, who is a refugee.

In order for the authorities to consider making an exception in your case you must document or provide convincing proof that domestic violence is the reason you no longer live with your spouse/partner. Additionally, an assessment must be made of how you will be affected if your residence permit is revoked.

Domestic violence, mistreatment or other form of abuse 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 circumstances apply in your situation that will make revoking your residence permit particularly traumatic. Such circumstances include: whether you have children living in Denmark, or whether returning to your home country would jeopardise your social well-being – for example, if you risk exclusion because you left your spouse. The length of time you have lived in Denmark and how well integrated you are will also be considered.

Residing in Denmark for longer than two years prior to the end of cohabitaion will generally be regarded as sufficient grounds for permitting you to retain your residence permit.

If you have resided in Denmark for less than two years, the Immigration Service can also permit you to retain your residence, provided you have sufficient ties to Denmark. In making this assessment, the Immigration Service will consider whether you have displayed a willingness and an ability to integrate, for example by working or studying in Denmark.

Residence-permit holders whose spouses have passed away

There are special possibilities for keeping a residence permit, if your spouse/partner passes away. The Immigration Service can allow you to retain your residence permit if your cohabitation with your spouse/partner ends due to his/her death. This applies even if you have lived in Denmark for a short period. This also applies if you are granted residence permit on the grounds of family reunification with a spouse/partner, who is a refugee.

In order for the Immigration Service not to revoke or refuse to extend your residence permit, you must have demonstrated a willingness and an ability to integrate into Danish society.

In such instances, the Immigration Service will consider factors such as whether you have had a job or started an educational programme since coming to Denmark. If you are unemployed and not studying, the Immigration Service will take into account factors such as whether you are actively seeking work, participating in Danish classes or are an active member of the community etc. If applicable, being active in your children’s childcare facility, school or after school activities, such as through work on a board or as a coach, can also count in your favour.

Residing in Denmark for longer than two years prior to the death of your spouse/partner will generally be regarded as sufficient grounds for permitting you to retain your residence permit.

If you have resided in Denmark for less than two years, the Immigration Service can also permit you to retain your residence, provided you have sufficient ties to Denmark. In making this assessment, the Immigration Service will consider whether you have displayed a willingness and an ability to integrate, for example by working or studying in Denmark.