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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.

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RESIDENCY PERMITS

Denmark confirms new residence scheme for students in key labour areas

New rules are set to be introduced in Denmark allowing continued residence in the country for students in some cases, if a previous permit expires.

Denmark confirms new residence scheme for students in key labour areas

Parliament on Tuesday adopted new rules which pave the way for a new residence scheme related to enrolment in education, the Agency for International Recruitment and Integration (SIRI) said in a statement.

The scheme allows foreign nationals to continue their residence and education in Denmark in some cases if they lose their residence rights.

Under the new rules, students in subjects where Denmark is experiencing a labour shortage will be able to remain in Denmark using the scheme, even if the original basis for their residence rights no longer applies.

It comes into effect on July 1st, SIRI said in the statement.

Foreign nationals who could benefit from the scheme but have already lost their residence rights, or will lose them before July 1st, could also be given permission to remain in the country if they were enroled on a qualifying course at the time their previous residence permit expires.

One of the conditions for eligibility under the scheme is that the extension of the original residence permit was rejected or revoked, or the student’s right of residence in Denmark under EU rules was found to have expired, in the period between July 1st 2020 and June 30th 2024, SIRI states.

People granted new residence permits under the scheme will be given a maximum of six months’ continued residence after they complete their studies in order to find a job.

Although SIRI does not specify in the statement the job types which would qualify as being in areas of labour shortage, this is usually a matter for the  Arbejdsmarkedsbalancen or “labour market balance”, prepared biannually by the Danish Agency for Labour Market and Recruitment.

The Arbejdsmarkedsbalancen lists which job titles are currently experiencing severe labour shortages, labour shortages, which are employable, and which are less employable.

READ ALSO: The new job titles which could get you a residency permit in Denmark

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