The best interests of the child in family reunification cases
A child cannot be granted a residence permit on the grounds of family reunification if it is clearly at odds with the interests of the child.
If there is information available which indicates that being granted a residence permit would be at odds with the interests of the child, the Immigration Service will ask the municipal authority for a statement before processing the case.
The child's stay abroad
If a child's residence permit has lapsed, and the Danish Immigration Service decides that there can be no dispensation, the Immigration Service will also consider whether the child can be granted a new residence permit.
In cases in which a child loses his/her residence permit after residing abroad, a new residence permit can only be granted if it is in the child’s best interest.
This will always depend on a specific assessment.
In the assessment, the Immigration Service will consider:
- The duration and character of the child’s residence in Denmark compared with the child’s stay in his/her homeland.
- The country in which the child has spent the majority of his/her childhood.
- Where the child has attended school and the languages spoken by the child
- Family ties and social networks
It is given special consideration if the child has resided in Denmark in his/her formative years.
If the child was forced to live abroad against his/her will on a re-education visit or another visit of negative impact, it will normally speak for a new residence permit in Denmark to the child.