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INTERVIEW

‘A noticeable change’: What Denmark’s plans to change family reunion rules mean

Olivia Scott, chair of the campaign group Marriage Without Borders, tells The Local that while the Danish government's plans to make it easier to bring a foreign spouse to the country are welcome, they don't go nearly far enough.

'A noticeable change': What Denmark's plans to change family reunion rules mean
Denmark's government plans to make it easier for Danes to bring foreign spouses to the country. Photo by Bethany Beck on Unsplash

Scott, a Dane who is married to an American, told The Local that her organisation, Ægteskab Uden Grænser, had mixed views about the bill, which will give Danish international executives the same rights to bring a foreign wife to Denmark as foreign executives, halve the bank guarantee or bankgaranti those bringing a spouse to Denmark have to leave for their local municipality, and reduce language requirements for the Danish partner. 

“For some it will make a noticeable change,” she said of the bank guarantee change, “because it is going from being around 114,000 kroner to 57,000 kroner which is much more digestible, especially for younger people, so of course that’s welcome. But we just don’t think it should be there at all.”

As municipalities almost never draw funds from the deposits to support spouses who have come to Denmark, the system, she said, was actually costing them more in adminstration fees than they were gaining from it. “So it ends up becoming a cost for our municipalities and for our government, instead of serving the purpose it’s supposed to serve.” 

READ ALSO: What’s in the new law on bringing a foreign spouse to Denmark?

As for the plan to allow Danish executives returning to Denmark for work to bring a foreign wife and family under the same rules as apply to foreign executives, she said this followed a pattern in Denmark where only so called mønsterborgere, or “outstanding citizens” were welcome to bring spouses to the country. 

“Yes, there are some people that will benefit from this, and we’re always happy when there are regulations that change for the better,” she said. “But this is still just a small group.” 

Olivia Scott is chair of Marriage without Fronteirs. Photo: private

She said the attention being given to Danish executives in the bill simply served to emphasise the gap in the way regular Danes and “highly educated Danes with a lot of money” are seen by the government. 

“That this regulation is making it easier for highly educated individuals with good jobs, is, again, confirming this premise that it is only ‘outstanding citizens’ that we feel should be able to enjoy the ability to be family unified,” she said. 

The third part of the new law, which alters the language requirements for the Danish partner was, she said, welcome, as many Danes who wanted to bring a spouse to Denmark were being foreced to take a Danish exam to prove their ability to speak their own native language.  

“There has been a group of elderly gentleman that simply do not have the physical documentation that they passed their ninth grade. It’s called the afgangseksamen. It’s a physical document that they have lost over the last couple of decades, and so they have had to go and take a Danish test to certify their level of Danish, which is ridiculous because they’re Danish and they’ve lived and studying here their whole life.”

As for the final bit of the new bill, which will block spousal reunions if either the Dane or their partner has been charged or is under prosecution for a crime, Scott said Marriage without Borders supported the idea that someone who has been sentenced for comitting a hard crime is limited in their ability to get family reunification.

“But maybe there should be consideration paid to how long ago the crime was committed,” she said. 

In addition, she said, there was little evidence that foreign spouses tended to commit crimes, so the change would have little impact. 

“If you go and you look at statistics on foreign spouses family reunified with Danish citizens, the crime rate is lower in this specific group than it is among regular ethnic Danes.” 

Finally, she said that even if the bill represented a step forward, her organisation intended to keep pushing for additional relaxations of Denmark’s draconian family reunification rules. 

“Obviously, we hope that it’s going to go further, but we as an organisation are not going to be happy until the day when the rules for family reunion according to Danish law are equalised with those under EU law,” she said. “We cannot accept that the under EU law, you can come to the country as long as you can financially support yourself, and you can obtain permanent residency in five years, whereas for Danish laws, you are locked-into sometimes decades of struggles for no reason.” 

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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.  

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