25. maj 2014 - Dansk Økonometrisk Selskab

Danish rules and regulations regarding
the possibilities of obtaining a residence permit in Denmark
On the following pages you can read a short review of the Danish rules and regulations regarding the possibilities of obtaining a residence permit in Denmark. The review is based on the websites: www.nyidanmark.dk and
www.sst.dk and is targeted at au pairs currently residing in Denmark.
It is possible to get a residence permit in Denmark via:
Visa (short term)
Permanent residence
Work
Study
Family reunification
n Visa
• Used for short stays, e.g. holiday
• Entitles you to spend maximum 90 days in the Schengen region
• Does not allow you to work or study in Denmark
n Permanent residence
You can apply for a permanent residence permit in Denmark if you met all the requirements.
You must:
• Be over the age of 18
• Have resided in Denmark legally for at least five years
• Have no criminal record
• Not have any overdue public debts
• Not have received certain types of public benefits in the last three years
• Have submitted a signed declaration of integration and active citizenship
• Have passed Prøve i Dansk 1 or a Danish language test
• Have held regular full-time employment and/or been enrolled in an educational programme in
Denmark for at least three of the five years
• Be working or studying at the time of becoming eligible for permanent residence
n Work
• Foreign nationals from a non-EU country must hold a residence and work permit in order to
work in Denmark.
• Professional or labour market considerations will provide the basis for a work permit.
This means that:
• For some types of jobs an application will be turned down if there are available professionals residing in Denmark and EU/EEA.
• Work permits are normally not given to fill ordinary skilled-labour vacancies
• In some cases, you must obtain a Danish authorisation
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Furthermore you must:
• have a written job contract or job
• have a job where salary and employment conditions correspond to Danish standards
Authorisation for Health Personal
Foreign trained doctors, nurses and other health personal must obtain an authorisation before
working in Denmark.
A number of schemes make it easier for highly-qualified professionals to get a work permit:
• The Positive List
• The Pay Limit scheme
• The Corporate scheme
• The Greencard scheme
You need the following documentation:
• Proof of identity
• Evidence of qualifications
• Evidence of fitness to practice
The Positive List
• Targeting professions currently experiencing a shortage of qualified professionals
• The minimum educational level required is a Professional Bachelor’s degree
• The jobs on the Positive lists vary according to the job situation in Denmark
You can find the full list on: www.nyidanmark.dk
The Pay Limit scheme
• Targeting persons who have been offered a highly paid job
• The job must have a gross annual pay of no less than DKK 375,000
• No specific requirements in relation to education, field or nature of the job
The Corporate scheme
• Targeting companies with operations in Denmark which need to transfer employees from foreign departments to Denmark
• There is no specific education requirements
You must:
• Be employed full-time in the foreign department at the time of application
• Remain an employee of the foreign department while working in Denmark
• Perform tasks related to a specific project, or innovative or educational purposes
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The Greencard scheme
• A point system based on an individual evaluation
• Assesses the likelihood that the applicant will be able to find qualified work in Denmark
• To get e residence permit via the Greencard scheme you must obtain a total of 100 points
• Points are given for: educational level, language skills, work experience, adaptability and age
n Study
Three main categories of study can warrant a residence permit:
• Higher educational programmes
• Basic and youth study programmes
• Folk High schools (folkehøjskoler)
Higher educational programmes
• Higher educational programmes are studies where you need to have completed a upper secondary school or the equivalent
You must document:
• That you have already been admitted to a higher educational programme
• That you can support yourself and pay the tuition fee, if any, with your own means
• That you can speak the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German
Basic and youth study programmes
• A basic and youth study programme can be high school or a craft education
You must document:
• That you have already been enrolled in a basic or youth study programme
• That you can support yourself and pay the tuition fee, if any, with your own means
• That you can speak the language of instruction and have a working knowledge of either Danish, Swedish, Norwegian, English or German
Folk High schools
A folk high school offers different courses on for example
housekeeping, art, poetry, music
You must document:
• That you have already been enrolled to follow a course at a folk high school
• That you can support yourself with your own means
• That you have paid the course fee
• That you can speak the language of instruction and have a working knowledge of either Danish,
Swedish, Norwegian, English or German
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n Family Reunification
If you have close relatives in Denmark, you can apply for a residence permit on the grounds of family
reunification.
Provided that certain requirements are met, family reunification can be granted to:
• Spouses, registered partners and cohabiting partners
• Children
• Other family members
Spouses, registered partners and cohabiting partners
You and your spouse/partner, as well as your relationship, must meet certain requirements:
• Both partners must be at least 24.
• Your combined attachment to Denmark must be greater than your combined attachment to
any other country.
• The applicant must pass a Danish as a second language test within six months of being
granted residence.
• Your spouse/partner in Denmark must be able to support him/herself and you.
• Your spouse/partner must have accommodation of adequate size at his/her disposal.
• Your spouse/partner must post DKK 50,000 (2012 level) in bank-backed collateral to cover any
public assistance paid to you by your municipality after you relocate to Denmark.
• Your marriage or registered partnership must be valid under Danish law.
• If you and your partner are not legally married or registered partners, your relationship must be of a permanent and lasting nature.
• If you and your partner are not legally married or registered partners, your partner in Denmark must assume full responsibility for supporting you.
• Your marriage or registered partnership must have been entered into voluntarily.
• The marriage or registered partnership must not have been entered into solely for the purpose of obtaining a residence permit for you.
• Your spouse/partner must reside permanently in Denmark
• Your spouse/partner may not have been convicted of violence against a former spouse/partner within a period of 10 years prior to your application being processed.
• You and your spouse/partner must sign a declaration that you will both contribute actively to your (and any accompanying children’s) learning Danish and integrating into Danish society to the best
of your ability.
Children
•
•
A foreign national under the age of 18 whose parents are living permanently in Denmark can be granted a residence permit under
the family reunification rules.
The requirements vary depending on whether the applicant is under or over the age of 15,
and depending on whether the child is applying
to be family reunified with his/her biological parents, adopted parents or foster parents.
Other family members
• According to the Danish Aliens Act, section 9c(1), a residence permit can only be granted if
special reasons, such as considerations for
the unity of the family, apply.
• When assessing an application, the Immigration Service will consider whether a family life has
been established which is worth protecting.
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