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DANISH CITIZENSHIP

Danish citizenship: Can you be rejected because of a speeding fine?

One of the requirements for fulfilling criteria for Danish citizenship through naturalisation is a clean criminal record. Does this mean fines for traffic offences could disqualify you?

Danish citizenship: Can you be rejected because of a speeding fine?
Can a speeding offence scupper your hopes of becoming a Danish national? File photo: Martin Sylvest/Ritzau Scanpix

Denmark is known for its strict rules on citizenship and a range of criteria must be met before you can become a Danish national.

The requirements fall into several broad categories, one of which being that you must have no criminal convictions.

The other categories relate to employment status, length of residency in Denmark, debt and personal finances and knowledge of language and culture. You can read about them in detail in our guide to applying for Danish citizenship.

In April 2021, the government agreed new citizenship rules, adding new curbs on who can be granted Danish nationality and building on the earlier 2018 citizenship rules.

READ ALSO: Denmark announces new tightening of citizenship rules

Under the April 2021 rules, persons with previous convictions for which they have received conditional or unconditional prison sentences are permanently barred from being granted Danish citizenship.

Additionally, people who have received fines of at least 3,000 kroner for breaking certain laws are required to wait for a suspension period of four years and six months before being acceptable for naturalisation.

On its website, the Ministry of Immigration and Integration states that a condition of a citizenship application making it to parliament – where it is given final approval – is that “you have not committed certain types of acts for which you can be penalised, or that any suspension period related a punishable act has expired”.

This means that if you are fined for breaking certain laws, you can be suspended from applying for citizenship for a given period.

Fines under 3,000 kroner do not generally result in a suspension.

If you have received a fine for “violating the traffic laws, this can… impact your possibility of becoming a Danish citizen. At least for a while,” the ministry states.

For example, a fine of 3,000 kroner or more results in a suspension period of four and a half years from the date the offence is registered. As such, you could not become a Danish citizen until four and a half years after this date, regardless of whether you meet the other criteria.

This includes fines given for all forms of traffic offences, including speeding tickets, the ministry notes.

It should be noted that police speeding fines are often less than 3,000 kroner, depending on the offence.

For example, driving at 59 kilometres per hour in a 50 km/h zone (the speed limit in most urban areas), usually gives a fine of 1,200 kroner. The same fine would be given for driving at 130 km/h on a section of motorway where the speed limit is 110 km/h.

If you drive at 110 km/h where the limit is 80 km/h, you can be fined 2,400 kroner.

Fines go up in certain circumstances: driving over 140 km/h adds an extra 1,200 kroner to the fine, followed by another 600 kroner for each additional 10 km/h.

Additionally, breaking the speed limit by 30 percent or more often results in an additional 1,200 kroner being added to the initial fine.

Speeding in areas where the normal speed limit has been reduced due to roadworks results in the fine being doubled.

Reports in Danish media have described cases of individuals who have lived in Denmark since childhood having their citizenship applications turned down because of speeding fines.

Repeat offences (or other offences for which fines are issued) can result in the suspension period being extended by 3 years for each offence. Only penalties which would have resulted in suspension in isolation – in other words, fines of over 3,000 kroner – can extend the suspension.

There are conditions under which you can apply for dispensation: if your traffic fine is not for driving under the influence of alcohol and is between 3,000 and 3,500 kroner; or if you have been concurrently fined up to 5,000 kroner for several offences which do not give fines over 3,500 kroner in isolation.

However, dispensation would require a member of parliament’s citizenship committee to argue your case for dispensation within the committee, the ministry states. In other words, you’d need an MP to agree to speak on your behalf.

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For members

DANISH CITIZENSHIP

EXPLAINED: Can children of Danes regain citizenship after EU Court verdict?

Children of Danes who have lost their Danish citizenship because they turned 22 without applying to retain it may now get a second chance following an EU ruling, the country's immigration ministry has said.

EXPLAINED: Can children of Danes regain citizenship after EU Court verdict?

According to the ministry, children of Danes who turned 22 on or after November 1st 1993, but failed to apply to have their Danish citizenship made permanent before the deadline of their 22nd birthday, will now be able to apply to have their application reopened in some cases. 

For the case to reopened, the removal of citizenship will have to have “had effects in relation to EU law”.

For this to be the case, the removal of Danish citizenship will, firsly, also generally have to deprive the person of EU citizenship, and as a result impact “a family or employment connection to an EU member state other than Denmark”, which has been established before the age of 22. 

The ministry will also, in all cases where the loss of Danish citizenship at the age of 22 also means a loss of EU citizenship, from now on automatically consider whether the effects in relation to EU law of the loss of EU citizenship are proportional to the reason for removing citizenship (normally the lack of a demonstrated connection to Denmark). 

What is the reason for the change? 

The EU Court of Justice ruled last September that a Danish law allowing citizenship to be revoked from people born abroad to one Danish parent who have never lived in the country, if they reach the age of 22 without applying to retain it, was acceptable.

The case concerned the daughter of a Danish mother and an American father who has held, since her birth in the United States, Danish and American citizenship. After reaching the age of 22, she applied to retain Danish nationality, but the national authorities told her that she had lost it when she turned 22.

The EU court ruled that anyone facing such a decision “must be given the opportunity to lodge, within a reasonable period, an application for the retroactive retention or recovery of the nationality”.

The decision was a development from a previous ruling from 2019, in which the court had ruled that any decisions to remove Danish citizenship should consider the consequences of a loss of EU citizenship as well as of national citizenship, in cases where EU citizenship was dependent on Danish citizenship.  

The ministry, it ruled, must ensure that any loss of EU citizenship was “in accordance with the the fundamental rights laid down in the EU charter of human rights, including the right to privacy and family life”. 

The ministry in 2019, however, interpreted this as only applying in cases where the application to retain citizenship was submitted before the deadline of the person’s 22nd birthday. 

What are the rules around citizenship for Danes born abroad?

When a child has a Danish parent, they are automatically given Danish citizenship at birth, with some exceptions.

They they have until they are 22 to apply to retain their citizenship, with citizenship normally only granted if the child can demonstrate a strong connection to Denmark, by, for instance, residing in Denmark for at least one year before turning 22 or living in another Nordic country for seven years. 

What do you have to do to regain Danish citizenship? 

You need to submit a request the ministry to resume their application, including documents demonstrating that the revocation of Danish citizenship has had an impact in relation to EU law, by, for instance harming the person’s relationships with family or their work in an EU member state other than Denmark.  

The ministry will not consider any ties to another EU country that arose after the applicant’s 22nd birthday.

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