SHARE
COPY LINK

RESIDENCY PERMITS

Danish agency ‘illegally’ paused residence applications from people suspected of crimes

The Danish Immigration Service (Udlændingestyrelsen) is not authorised to freeze applications for permanent residency if the applicant is suspected a crime, but has followed the practice for over a decade.

Danish agency ‘illegally’ paused residence applications from people suspected of crimes
Illustration photo. The Danish Immigration Service is not allowed to freeze residency applications from applicants suspected of criminality. Photo by Chiara F on Unsplash

Minister for Immigration and Integration Kaare Dybvad Bek confirmed the agency had acted in breach of rules since 2012 in a parliamentary letter, reported by newspaper Politiken.

It is unclear why the practice was changed in 2012.

Danish rules state that, for an application for permanent residence to be frozen, the applicant must have been convicted of a crime and sentenced, not suspected.

Bek has instructed the agency to change practice to align with the law. But he wants the illegal procedure followed by the agency to become legal and is to table a parliamentary bill to this effect, according to the report.

The minister told Politiken it “sends the completely wrong signal if foreigners who are suspected or charged with a crime can be granted permanent residency if the application is processed before any verdict is reached”.

A court verdict “could have the consequence that permanent residency could not be given for an extended period and in the worst case indefinitely,” he said.

Three specific cases affected by the practice have now been concluded with the individuals receiving permanent residency, while 16 others are to be reopened, the newspaper writes.

The issue was uncovered after practice was questioned by the national conservative Danish People’s Party, which wants to freeze the applications of any persons under police suspicion.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

FAMILY

New Danish rules on bringing foreign spouses to apply ‘at point of decision’

Anyone whose application to come to Denmark to join a Danish partner is still outstanding when new rules come into force on July 1st will be treated under the new rules, the Danish Immigration Service has confirmed.

New Danish rules on bringing foreign spouses to apply 'at point of decision'

This means that they will only have to deposit 57,000 kroner in an account for their local municipality, rather than 114,000 kroner under the existing rules, and also means the Danish partner will not have to prove they have reached Danish 3 or higher in a Danish test if they have worked in Denmark full time for five years or more. 

The new rules, which make small but still significant changes to Denmark’s draconian system of family reunion for spouses, are set for their final vote in the Danish parliament on May 30th.  

READ ALSO:

“If the proposal is passed, the new rules will come into force on 1 July 2024,” the service said in a press release. “However, it will also be possible to have an application submitted before this time processed under the new rules when they come into force.”

In the press release, the service said that it planned to contact those who have already submitted applications under existing rules to ask whether they wanted to delay a decision until after the new rules have come into force. 

It also said that people whose applications for family reunion were refused before the proposal was presented to the Danish parliament on April 11th, either because they could not meet the financial guarantee or because of the language requirement, would be able to submit a new application after the rules come into force on July 1st. 

Many spouses who have moved to Denmark under the existing rules still have more than 100,000 kroner sitting in a bank account reserved for the use of their local municipality should they become unemployed, or require other support. 

The Local is waiting for clarification from the agency over whether they can now withdrawn some of the funds — in some cases as much as 57,000 kroner — so that the amount reaches the lower level of 57,000 kroner stipulated in the new rules.  

SHOW COMMENTS