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RESIDENCY PERMITS

Bank guarantee: Could Denmark change ‘demeaning’ family reunification rule?

A rule requiring Danes and foreign partners to deposit a large sum of money to qualify for family reunification is again in the spotlight after reports on its administrative costs.

Bank guarantee: Could Denmark change 'demeaning' family reunification rule?
Denmark's bank guarantee requirement for family reunification is again in the spotlight despite pending government plans to relax it. Photo by Dương Hữu on Unsplash

In its policy paper from December 2022, the coalition government stated it wants to halve the “bank guarantee” (bankgaranti), a requirement which demands couples deposit a large sum of money with municipalities for the foreign (non-EU national) partner to be granted a residence permit under family reunification rules.

According to figures from the Danish Immigration Service (Udlændingestyrelsen), the bank guarantee, which must be paid in order for the foreign partner to be granted residence, is set at an eye-watering 110,293 kroner (€14,800) in 2023.

It is currently unclear when a bill will be tabled in parliament to implement the government’s planned reduction of the bank guarantee under Danish law. Minister for Immigration and Integration Kaare Dybvad Bek told newspaper Ekstra Bladet in January that a proposal could be ready for hearing “this spring”.

But it has become a renewed topic of discussion after broadcaster DR this week reported that Copenhagen Municipality has not once used any bank guarantee deposits within the last three years, but has spent 2.2 million kroner annually on administration of the rule.

The purpose of the bank guarantee is ostensibly to ensure that municipalities can draw from the fund to pay for costs such as unemployment benefits, if the family reunified person needs them.

But the requirement may have little practical effect because foreign nationals resident under family reunification rules are likely to lose their residence status anyway if unemployed, negating the need for social welfare benefits.

Copenhagen currently has around 4,000 active bank guarantees and the cost of administration of these deposits – around 2.2 million kroner per year – was spent without any of them being used, DR reports based on an access to public records request.

In Aarhus, the municipality uses resources approximate to one full-time employee per year on administration of the scheme, according to DR. Like in Copenhagen, there were no withdrawals in 2022. There were “few” cases where the money was used in Aarhus in preceding years according to the report.

“I’m a supporter of strict immigration rules but it should not be crazy,” the head of Copenhagen Municipality’s integration and employment committee Jens-Kristian Lütken, an elected official with the Liberal (Venstre) party, told DR.

“It looks that way from my chair when we are spending so much money on something where no one is being sanctioned,” he said.

Social Democratic councillor for social issues and employment in Aarhus, Anders Winnerskjold, told DR that “this is an example of something where we say ‘are we actually getting the benefit we think we are’, and we’re actually not because we’re spending more time on it than is needed in reality”.

“I basically agree that we should be careful about creating a flow of people that must be provided for by Danish taxpayers, and as such the intention behind the bank guarantee is good,” he said.

“But you have to say that we’re not really hitting the target here, so there must be other ways to solve this problem,” he said.

After 10 years – the usual point at which permanent residency can be granted – the bank guarantee is no longer required, but it must remain in place until this time.

An affected Danish national who spoke to The Local in 2021 described how the bank guarantee posed a hefty financial burden that made it harder for international couples to live up to the many other integration demands placed on third-country partners.

The bank guarantee has been criticised in the past for being unfit for purpose and an administrative burden for local authorities.

Organisation Marriage Without Borders (Ægteskab uden Grænser) says it wants the bank guarantee to be abolished and replaced with the same criteria used for family reunification under EU law.

“On a human level, there are many Danes who feel alienated and find the criteria demeaning because it means in practice that you must demonstrate that your partner is not a threat to Danish society,” the organisation wrote in a social media post.

“Even if the security guarantee is halved (as the government plans), there will still be Danes who ‘can’t afford love’, such as young students,” it also stated.

In a written comment to DR, Bek said that “foreigners who come to Denmark should be self-sufficient and not a burden to the state. The bank guarantee, which was introduced over 20 years ago, helps ensure that”.

“In addition to the preventative effect that the bank guarantee has, it also enables municipalities to recover potential future costs in the event that a family reunified person receives benefits,” he stated.

“It is obviously not a criteria for success that municipalities withdraw money from the bank guarantee. The criteria for success is the opposite: that family reunified persons continue to provide for themselves,” he added.

The minister has previously confirmed that the government wants to reduce the bank guarantee to enable people with lower disposable sums to apply for family reunification.

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WORK PERMITS

EXPLAINED: How to apply for a work permit in Denmark as an intern

Want to intern at the elite restaurant Noma, at the architecture firm Bjarke Ingels Group, as a vet or as a nurse? Here's what you need to know.

EXPLAINED: How to apply for a work permit in Denmark as an intern

Denmark has a special scheme for foreigners offered work in the country as interns, with different rules for those employed in architecture, healthcare, farming or veterinary jobs, or other sectors such as the natural sciences, technical fields, the pharmaceutical sector, or culture.

As an intern, you can get a permit to work in Denmark and a residency permit without having to earn any salary whatsoever, let alone secure the generous pay levels required to qualify for the Pay Limit Scheme. 

But you do have to meet the conditions put in place, to prevent unscrupulous employers using the internship permit to bring low cost labour to the country. 

You can find an English language guide to internships on the website of the Danish Agency for International Recruitment and Integration (Siri). 

READ ALSO: Danish work permit agency changes practice for hotel and restaurant interns

Who is eligible to get a work permit as an intern? 

You need to be between the ages of 18 and 35 (or 18 and 30 for some sectors), and you normally need to be studying a relevant subject in your home country or current country of residence .

In some cases you can already have recently graduated and in some cases you can be studying a subject not related to the internship, but if this is the case you need to show that you have passed a semester’s worth of courses in a relevant subject. 

If your internship is unpaid, you normally need to show that you have at least 6,820 kroner a month to support yourself over the period.

If your internship is paid, your salary must be at least 6,820 kroner per month, which has to be stated in the standard contract, and paid into a Danish bank account in a bank operating legally in Denmark.

Be aware that opening a Danish bank account can be difficult, with applicants normally needing to have a Danish address and CPR personal number. If you are having trouble you can apply for a basic payments account.

What qualifications do I need to show or paperwork do I need to provide? 

The rules are different depending on which sector you intend to carry out your internship in. 

Agricultural, horticulture, forestry or veterinary 

If you plan to intern in the agricultural, horticulture, forestry or veterinary sectors, you need to show that you have passed a language test in English, Danish, Swedish, Norwegian or German at the A2 level or higher, in Common European Framework of Reference for Languages scale.

This is a very basic level, described in the CEFR as enough to communicate “very basic personal and family information, shopping, local geography, employment”. 

For English language tests offered by IELTS, the Danish Agency for International Recruitment and Integration (SIRI) accepts test scores from 3.0, and for English tests from TOEFL, scores at Studieprøven level (C1 CEFR level). You will need to send the results certificate along with your application. 

To qualify for an internship in these sectors you also need to be studying a relevant subject in your home country, or the country where you have residency, and the internship also needs to be timed to coincide with where you are in the course, for instance as a practical element following more theoretical ones. 

“We compare the content of your educational programme with the job tasks which you will be carrying out during the internship,” Siri writes in its guide to internships. 

You cannot be more than 30 years old for an internship in these sectors. 

Interns in these sectors do not need to provide proof that they can support themselves. 

Healthcare 

There are no language requirements for an internship in the healthcare sector, and for medical interns there is no upper age limit (although an age limit of 35 applies for other healthcare interns). 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

You can receive an internship in healthcare even if your studies have recently been completed, but you must show that the internship is a continuation of your studies and relevant to the future role you intend to take on. 

If you have completed your studies, you should include documentation of any work experience you have had since completing your studies. 

If your internship is unpaid, you need to show that you have at least 6,820 kroner a month to support yourself over the period, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Architecture 

To be eligible for a work permit in the architecture sector, you cannot have completed your education and cannot be more than 35 years old. 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

If your internship is unpaid, you also need to show that you have at least 6,820 kroner a month to support yourself, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Which employers are eligible to take interns?

Employers need to be approved to take interns, either through a prior praktikpladsgodkendelse, or “place of internship approval”, or through sending detailed documentation to Siri on what the internship will consist of, including details of who will be supervising the intern, and prior experience the firm has with taking on interns or trainees. 

All public hospitals in Denmark are approved as places of internship.

If you are planning on interning at a Danish architecture firm, the firm must use the standard “Internship Agreement and Guidelines” issued by DANSKE ARK, the Danish association of Architectural Firms, and the Danish Union of Architects and Designers.

Architecture firms do not need to receive a separate praktikpladsgodkendelse but when filling in the standard contract, need to state the number of fully-trained architects and number of interns working at the firm. 

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