Financial guarantees in visa cases where the application was submitted before 1 January 2011
Previously, the Immigration Service could make a visa conditional on a financial guarantee of DKK 58,603 (2010 level) issued by the person in Denmark.
This option was abandoned by Law no. 1542 of 21 December 2010 which was effective as of 1 January 2011 and applies to all visa application submitted after this date. Consequently, no financial guarantee will be required in the case of new visa applications.
In cases where a financial guarantee was issued under the old rules, the guarantee will continue to run, and it will be possible for the immigration authorities to forfeit it if the visa is misused.
When will a guarantee be forfeited?
A visa is issued for short periods of residency. The guarantee is requested in order to ensure that the visa holder does not use the visa to attempt to gain extended residency in Denmark or any other Schengen country. The guarantee also ensures that a visa holder abides by the visa’s terms, and that he/she leaves the Schengen area before it expires.
The entire guarantee will be forfeited if the visa holder:
- Remains in Denmark or another Schengen country for more than a month after the visa has expired (the guarantee will not be forfeited if the foreign national can document that departure was delayed due to circumstances beyond his/her control, such as travel delays or illness).
- Is administratively or legally expelled after arriving.
- Seeks asylum after arriving in Denmark or another Schengen country
- Seeks residency in Denmark after arriving (Does not apply for asylum seekers.)
In certain cases, it is is possible to apply for residency after arriving in Denmark without the guarantee being forfeited. However, there must be a valid reason for applying for these types of residence permits. It is not permitted to apply for such residence permits, if the purpose is to remain in Denmark during the processing period or to avoid forfeiting the guarantee.
Half of the guarantee is forfeited if the visa holder:
Remains in Denmark for less than a month after the visa has expired (the guarantee will not be forfeited if the visa holder can document that departure was delayed due to circumstances beyond his/her control, such as travel delays or illness).
When will the guarantee be returned?
The guarantee will be released when the visa holder documents that he/she has returned to his/her home country and that he/she has upheld the conditions of the visa.
The visa holder must document that he/she departed from the Schengen area before the visa expired. This can be done in two ways:
1. Report in person to the diplomatic mission (embassy or consulate general) where the visa application was submitted, and show the passport used while travelling in the Schengen area, together with the relevant tickets, boarding cards or other paperwork that can document the time of inward and outward travel to and from the Schengen area. The mission will then contact the Immigration Service, which determines whether the guarantee can be released.
2. The visa holder can send copies of his/her passport and personal information, together with entry and exit stamps, tickets, boarding cards and other relevant documentation.
The copies should be sent to:
Danish Immigration Service
Centre for Job & Visit
Entry and exit stamps must be legible
The Immigration Service will normally only approve the applicant’s request if there is sufficient documentation to establish whether he/she departed before the visa expired. Entry and exit stamps must be legible on all copies of documentation submitted to the Immigration Service.
If the applicant receives a visa allowing multiple inward journeys the guarantee can only be released if the visa holder appears at the diplomatic mission in his/her home country and shows the passport used when travelling in the Schengen area, inward and outward travel documentation together with any tickets, boarding cards etc. If the visa is still valid it must be annulled before the guarantee can be released.
A visa that is not used or collected
If the applicant is issued a visa but does not use it, the guarantee can only be released if the applicant appears at the diplomatic mission in person and has the visa annulled.
If the applicant has not collected the visa, the guarantee will be released when the diplomatic mission confirms to the Immigration Service that a visa has not been affixed to the applicant’s passport.
Before the guarantee can be released, the Immigration Service must determine whether the applicant has not been administratively or legally expelled, or that the applicant did not seek asylum in Denmark or another Schengen country.
When the Immigration Service has received the necessary documentation it will take about two weeks to process the application to release the guarantee. If no documentation from the visa holder or from the diplomatic mission is received, the Immigration Service will begin proceedings for a possible forfeiture of the guarantee. The Immigration Service will begin this process about three months before the guarantee expires.