Termination of residence permit on the grounds of family reunification with a person, who is not a refugee
When you have residence permit on the grounds of family reunification with a person, who is not a refugee, your residence permit can be revoked, be denied for extension or lapse. If that happens you will lose the right to reside in Denmark.
If your residence permit has been revoked or an extension denied, and you do not hold another residence permit, you will be given a deadline to leave Denmark. After this point, you will be considered an illegal resident in Denmark. If you are residing illegally in Denmark you risk being expelled and given an entry ban. If you submit an appeal within 7 days, from the ruling was made, you have the right to stay in Denmark while your appeal is being processed. To be expelled from Denmark means you will be banned from entering all EU and Schengen countries, including Denmark, for up to two years. If you are expelled, you may be deported by the police.
If your residence permit is revoked or an extension is denied the Immigration Service will inform your possible current and previous employers, who have reported salary to you in the income register within the last 3 months from the time of the decision.
Your residence permit can be revoked or an extension denied for a number of reasons explained below.
If your situation changes
The Immigration Service may revoke or refuse to extend your 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, and you and your spouse/partner are no longer living together Read more about divorce and death
- If your spouse/partner was required to meet the housing requirement and he/she no longer has accommodation of adequate size at his/her disposal.
- If your spouse/partner had to meet the requirement that his/her residence is not placed in a specified area that is mentioned on the housing requirement list, and you have moved to such an area afterwards.
- If you or your spouse/partner was required not to have received public assistance under the terms of the Active Social Policy Act or the Integration Act, and this is no longer met.
The Immigration Service has the right to revoke or refuse to extend your residence permit if you are found to have obtained it by giving the authorities false information. This applies regardless of whether you hold a temporary or a permanent residence permit.
The Immigration Service has the right to revoke or refuse to extend your temporary residence permit if you no longer possess a valid passport or other legitimate form of travel documents.
The Schengen Information System (SIS)
The Immigration Service has the right to revoke or refuse to extend your residence permit if you have been reported as an undesirable in the Schengen Information System (SIS). You must have been reported because of serious crimes which would warrant deportation if committed in Denmark.
This applies regardless of whether you hold a temporary or permanent residence permit.
If your spouse/partner’s residence permit is revoked or extension is denied
If your spouse/partner’s residence permit is revoked or extension is denied, your residence permit can also be revoked or extension can be denied. This is due to the fact that the ground for your residence permit in that case no longer is present.
The Immigration Service also has the right to revoke or refuse to extend your residence permit if you are considered a threat to national security, to public order, safety or health. Your residence permit can also be revoked if you are a war criminal, or have committed serious non-political crime outside Denmark. Finally, your residence permit can be revoked if, while outside Denmark, you have been convicted of a crime which would warrant deportation if committed in Denmark.
The residence permit may be revoked for these reasons regardless of whether you hold a temporary or permanent residence permit.
Personal situation taken into consideration
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 as a family member granted family reunification with a person, who is not a refugee.
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
Residence abroad can make your residence permit lapse
If you leave Denmark for an extended period of time, or if you no longer maintain a residence in Denmark, your residence permit can lapse. Read more about lapsing of a residence permit