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PERMANENT RESIDENCY

Denmark plans clampdown on pending court cases with change to residence rules

The Danish Ministry of Immigration and Integration has proposed a number of rule changes related to family reunification and permanent residence.

Denmark plans clampdown on pending court cases with change to residence rules
Illustration photo. The Danish government is likely to tweak residence rules to net persons accused of crimes. Photo by Arisa Chattasa on Unsplash

The proposals are not yet in the form of a bill, but a draft has been sent for hearing by relevant authorities and organisations, according to a press statement issued by the Danish Agency for International Recruitment and Integration (SIRI), which processes residence permit cases.

The ministry will provide an update if and when the proposal is tabled as a bill in parliament, SIRI said.

The draft proposal could see changes made to permanent residence and family reunification rules.

READ ALSO: Denmark to ease family reunification rules for Danes with foreign partners

Specifically, existing criteria preventing people with previous criminal records will be intensified, meaning that preliminary charges or indictments for certain types of crime can cause permanent residence claims to be rejected.

The intention of this rule change is likely to be to prevent residence from being granted to people who face criminal charges but whose cases are awaiting trial in court.

In November, it was reported that 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.

Current 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.

Minister for Immigration and Integration Kaare Dybvad Bek confirmed in November that the Immigration Service had acted in breach of rules, but said he wanted the illegal procedure followed by the agency to become legal and would table a bill to this effect.

The minister told newspaper 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”.

The proposed rule change would also apply to “applications for spousal family reunification where the spouse in Denmark is a foreigner but not a refugee”, SIRI said in the statement.

All existing criteria for family reunification would still apply.

According to the proposed law change, the new rules would apply to applications for both permanent residency and family reunification from the date at which the bill is tabled in parliament, unless rulings are reached on any cases before the new rules take effect.

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PERMANENT RESIDENCY

What counts as ‘active citizenship’ for Danish permanent residency?

Foreigners living in Denmark can receive permanent residency after four years, rather than the usual eight, if they can prove "active citizenship", and meet three other criteria. What counts towards this?

What counts as 'active citizenship' for Danish permanent residency?

When applying for Danish permanent residency, you need to meet at least two of the four so-called “supplementary criteria”, and if you meet all four of them you can apply for a permanent right to stay in the country after just four years. 

The requirements are: being employed for at least four years, passing Danish language 3, and having an average income above a certain threshold (309,824.37 kroner in 2023) in the two years before your application is decided on. 

One way of showing “active citizenship” is by passing the Active Citizen Exam, or Medborgerskabsprøven, which is held twice a year (you can find study material here). But you can also meet the requirement by “displaying active citizenship for at least a year”. 

What counts as ‘displaying active citizenship’? 

According to the the Danish Agency for International Recruitment and Integration (SIRI)’s website, displaying active citizenship involves “participation in a board, organization, or similar that… supports the fundamental democratic values and legal principles in Danish society”.

You need to have been involved in the organisation for at least one year, but that period can be split over several years. 

This might be membership of the following:

A parents’ committee, or forældrebestyrelse. Every vuggestue (kindergarten up to 3 years old), or børnehave (3-6) (or sometimes a cluster of them)will have a parent’s committee, which can take decisions on the institution’s priorities and influence how money is spent. To apply to join the committee, simply ask the manager of your child’s daycare institution.  

A school board, or skolebestyrelse. Every folkeskole (municipal school), and friskole (free school) in Denmark, has a school board, bringing together representatives of parents, teachers and students, which typically meets once a month. The parent members of the school board are typically elected by the parents. 

The board of a non-profit housing organization, or almennyttig boligorganisation. Many rential properties in Denmark are owned by non-profit housing organisations, for instance Bo-Vest in Copenhagen, which brings together residents of four big non-profit housing organisations. Each housing block, or group of blocks, will typically have its own board, which you can join by putting yourself forward at an annual residents’ meeting.  

An integration council, or integrationsråd. Every municipality in Denmark will have an integration council, which advises municipal politicians on refugees, immigrants and integration. The council normally consists roughly half of immigrants living in the municipality, and half of representatives from schools, daycare, sports groups, and the municipality itself. You can join by putting your name forward before the council’s annual constituent meeting and being elected.  

A senior council, or ældreråd. Most municipalities in Denmark will have a senior council, which represents over 60s in the municipality. The councils are normally chosen in elections held every four years. 

Participation in children’s or youth work. You can also fulfil the conditions of ‘active citizenship’ if you have participatede in youth work for at least a year, for example by training children or acting as a referee at a sports club, organising school leisure activities or help with homework. 

Training as a referee or coach. If you go through training to be a volunteer sports referree or trainer, this can count towards your year of “active citizenship”.  

Participation in other non-profit organisations. 

You can also fulfil the criterion by working for a suitable non-profit organisation. As a rule of thumb, a non-profit organisation is deemed suitable if it qualifies for subisides under the Non-formal Education Act (folkeoplysningsloven). 

How do you prove your participation? 

You can enclose a statement from the daycare centre, municipal school, housing organisation, municipality, or club with which you have been involved with your application for permanent residency. 

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