An asylum seeker is an individual who requests the right to remain in Denmark as a refugee in order to be protected.
Section 7 (1) of the Aliens Act deals with so-called convention status. Individuals granted convention status fall under the protection of the UN Refugee Convention, which defines a refugee as someone who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality.
Residence permit is granted for a maximum of two years at a time.
Section 7 (2) of the Aliens Act deals with so-called protected status. Individuals are granted protected status if returning to their home country would mean they face capital punishment, torture or inhumane or degrading treatment or punishment. The terms of Section 7 (2) are in accordance with other human rights conventions, including Article 3 and Protocol 6 of the European Human Rights Convention.
Residence permit is granted for a maximum of one year and after one year for a maximum of two years at a time.
Temporary protected status
In some case, an individual who meets the requirements established by Section 7 (2) of the Aliens Act can be granted so-called temporary protected status in accordance with Section 7 (3) of the Aliens Act. Temporary protected status is granted to individuals who face capital punishment, torture or inhumane or degrading treatment or punishment due to severe instability and indiscriminate violence against civilians in their home country.
Residence permit is granted for a maximum of one year and after three years for a maximum of two years at a time.
Prior to an extension being granted, it will be assessed whether the individual still warrants continued protection.
Limited right to family reunification
Individuals granted temporary protected status must normally have had their residence permit extended after the first 3 years of residence in order to qualify as a sponsor for an applicant for family reunification. Therefore family reunification will normally first be granted after 3 years.
Read more about family reunification