Yesterday, the newsletter Politiken published an article about one of our pending cases. The case concerns a case about extension of a work and residence permit after the pay-limit scheme, where SIRI commits several case processing errors.

Fra den 1. april 2023 vil det vil være muligt at søge om en arbejdstilladelse uden begrænsning under det 3-årige jobsøgningsophold. Sammen med en opholdstilladelse til jobsøgning i 3 år får studerende, der har afsluttet sin uddannelse også en begrænset arbejdstilladelse. Tilladelsen giver ret til at arbejde 20 timer om ugen og fuld tid i juni, juli og august. Hvis man har behov for at arbejde uden denne begrænsning, skal man søge om en arbejdstilladelse uden begrænsning. Arbejdstilladelsen giver ret til: Læs mere om arbejdstilladelse uden begrænsning under jobansøgninger her.

Fra den 1. april 2023 forlænges jobansøgningsopholdet efter end videregående eller ph.d.-uddannelse fra 6 måneder til 3 år. Ændringen gælder for udlændinge som har afsluttet en dansk professionsbachelor-, bachelor-, kandidat- eller ph.d.-uddannelse. SIRI giver automatisk tilladelse til et 3 års jobsøgningsophold sammen med en studietilladelse, hvis gyldigheden af dit pas tillader det. Du skal derfor kun ansøge om jobsøgningsophold hvis: Læs mere om Jobansøgningsophold her.

On April 1, 2023, a number of amendments to the Aliens Act entered into force. Among other things, the amendments include increased opportunities for international recruitment and introduce the supplementary amount scheme. The new scheme means that, upon application, a residence permit can be granted to a foreigner who has entered into an agreement or been offered employment in a professional field where the employment involves an annual salary of at least DKK 375,000. It should be noted that the supplementary amount scheme is an independent scheme and contains a number of conditions that do not apply to the ordinary amount scheme. Read more about the supplementary amount scheme and the conditions here. We often assist both employers ...

New Supplementary Pay-limit Scheme Read More »

On 27 March 2023, the Government announced that the deadline for submitting an application for the right to reside in Denmark under the Withdrawal Agreement will be extended until the end of 2023. The deadline extension will apply to all British citizens who applied late and have therefore had their application refused or who have not yet had time to submit an application. The Government's press release is available here. The extension of the application deadline will be done through an amendment to the Executive Order, which will be submitted for public consultation as soon as possible. It is therefore not yet known when the new deadline will enter into force. Read more about the extension of the deadline here. Our office has ...

Extension of the deadline (Withdrawal Agreement) Read More »

On February 27, 2023, the Immigration Appeals Board has upheld an appeal against SIRI's decision, whereby our client's application for a residence document under the Brexit Order was rejected, as the application was submitted after the application deadline. In the case, the Immigration Appeals Board has found that SIRI had not fulfilled its duty to provide guidance, as SIRI had not individually and personally advised our client about the application period, as he had previously been issued a residence document in December 2020 by physical attendance at SIRI. On this basis, the Immigration Appeals Board has returned the case to SIRI in order for SIRI to decide whether our client can be issued a residence document under the Brexit Order. Our ...

SIRI had not fulfilled its duty to provide guidance to our client Read More »

Before the election, the Parliament considered a bill which, among other things, contained proposals to introduce a new temporary scheme for the employment of foreign labour, a so-called ‘temporary new supplementary pay limit scheme’ (...)

Planned new Supplementary Pay-limit Scheme Read More »

On 6 February 2023, the Ministry of Immigration and Integration announced that work is underway to find a solution for British citizens and their family members who have not submitted an application for continued residence in Denmark under the EU-UK Withdrawal Agreement before the application deadline of 31 December 2021. On this basis, the Danish Agency for International Recruitment and Integration (SIRI) has provisionally decided not to reject pending applications where it is assessed that there are no reasonable grounds for the late submission of the application. Instead, these cases will be put on hold. Applications where there are considered to be reasonable grounds for ...

Some application after under the Withdrawal Agreement put on hold Read More »

On 22 December 2022, the Court of Justice of the European Union ruled on a preliminary ruling. The case concerns situations where the resident spouse is an economically active Turkish national and where, in the context of an application for spousal reunification, the spouse's knowledge of the Danish language is required in the context of the conditions transferred for permanent residence (...)

Suspension of certain family reunification cases where the spouse in Denmark is an economically active Turkish national Read More »

In May 2022, the European Court of Justice ruled on a case concerning residence permits for parents of children who are citizens of the Union. The case concerned the case-law under which a third-country national, as parent of a minor child of Union citizens, must exceptionally be granted a residence permit under Article 20 TFEU if there is a relationship of dependency between the Union citizen child and the third-country national of such a nature that the Union citizen child, whose residence permit is refused, would be obliged to leave the EU together with the third-country national (...)

Adjustment of practice and the possibility of reopening certain cases in which third-country nationals who are parents of a Danish child have been refused family reunification Read More »

On 20 April 2021, the Socialdemokratiet together with Venstre, Det Konservative Folkeparti and Liberal Alliance, adopted a new agreement on citizenship. The agreement entails several significant tightening of the conditions for obtaining citizenship. It can be read in full here. Exclusion from citizenship in the event of a suspended or unconditional prison sentence Under the new agreement, it will no longer be possible to become a Danish citizen if you have previously been sentenced to an unconditional or conditional prison sentence (...)

Now it will be even harder again to get Danish citizenship Read More »

Many people dream of living in a houseboat, and now there is light ahead for those who want to make this dream come true in Copenhagen. Houseboats are defined as floating units moored in a harbour and used for private residential or commercial purposes. To qualify as a houseboat, the use must be of a permanent (...)

New hope for houseboats in the port of Copenhagen Read More »

On 15 December 2021, the Supreme Regional Court ruled that a number of residents of Mjølnerparken have the right to bring legal action against the Ministry of the Interior and Housing regarding the measures in the "Ghetto Package". More specifically, the lawsuit concerns the Ministry of Interior and Housing's approval of a development plan for Mjølnerparken, which involves selling off the residents' homes (...)

Mjølnerpark residents allowed to continue case against Interior and Housing Ministry - Two UN rapporteurs have now request to intervene in the case Read More »

British nationals who have so far resided in Denmark on the basis of EU law must apply for a new residence permit under the Withdrawal Agreement by 31 December 2021. It is therefore becoming the last call if you as a British national want to secure your right to reside in Denmark in the future. To obtain a residence permit under the Withdrawal Agreement, it is a requirement that prior to the end of the (...)

Last call for UK nationals to apply for residence after withdrawal agreement Read More »

On 14 September 2021, in a case in which we assisted a person who had been permanently expelled following a criminal conviction, the European Court of Human Rights ruled in favour of our client that the expulsion constituted a violation of Article 8 of the European Convention on Human Rights. The person concerned was born in Somalia but came to Denmark when he was four years old and (...)

Permanent expulsion was a violation of Article 8 of the European Convention on Human Rights Read More »

The European Court of Justice must clarify whether it is contrary to EU law that Danes born with dual nationality abroad automatically lose their Danish nationality at the age of 22, unless they have previously applied to retain it, or meet a number of requirements for residence or stay in Denmark (...)

EU Court to assess Danish rules on loss of citizenship for Danes born abroad Read More »

Denmark has accepted dual citizenship since 1 September 2015. The previous restriction on dual nationality has meant that many Danes have lost their Danish nationality in connection with acquiring nationality in another country. For these persons, the possibility of reacquiring Danish citizenship is now in sight (...)

Planned reintroduction of temporary access to reacquire Danish citizenship Read More »

The transitional period of the EU-UK withdrawal agreement expires on 31 December 2020, and British nationals will no longer be able to enjoy the right to free movement within the EU after the end of the year. If you are a British citizen who was granted a residence permit in Denmark under EU rules (...)

British nationals in Denmark after the end of the transitional period Read More »