Apply for visa under EU regulations

As a general rule, EU law cannot be applied when the EU citizen resides in the member state of which he or she is a national.

If you are a family member of a Danish citizen and you wish to return to Denmark after residing in another EU country, you may be entitled to have your visa application processed under the EU regulations.

For your visa application to be processed under the EU regulations in cases where your family member is a Danish citizen, the following conditions must be met:

• Your Danish family member must have exercised his or her right to free movement and established a genuine and actual residence (i.e. lived) in another EU country outside Denmark.
• You must have resided in that other EU country and lived together as a family with your Danish family member.
• There must be a temporal connection between your Danish family member’s residence (i.e. exercise of his/her right to free movement) in the other EU country and your submission of the visa application.
• You must both intend to return to Denmark in order to take up residence.

As a general rule, the EU regulations cannot be applied if your family member is a Danish citizen who has resided continuously in Denmark.

If you request to have your visa application processed under the EU regulations, the visa authorities will assess whether you are covered. If you are covered, your visa application will be processed under the EU regulations.

If the Danish diplomatic mission assesses that you are not covered by the EU regulations, or if the Danish diplomatic mission is uncertain whether you are covered, the visa application will be forwarded to the Danish Immigration Service, which will process the visa application.

If the Danish Immigration Service assesses that you are not covered by the EU regulations, your visa application will be refused on the grounds that it has not been documented that you fall within the scope of the EU regulations.

You may submit a new visa application following the ordinary visa application procedures and apply under the general visa rules.

The fact that a family member of an EU citizen is granted a visa under the EU regulations does not imply that the applicant meets the conditions for family reunification under EU regulations. Final decisions about whether applicants meet the specific requirements for family reunification under EU regulations will be based on the independent evaluations of the Danish Agency for International Recruitment and Integration (SIRI).