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.
The case is additionally featured in the following articles:
- Ekstrabladet: Danmark mangler hans arbejdskraft: Daniel smidt ud to gange
- Fagbladet3F: Politikere kritiserer sagen om den australske tømrer: Kræver svar fra ministeren
Firstly, our client was refused an extension of his residence and work permit, as he according to SIRI, had not received an annual gross salary of at least DKK 417,793.60.
This was factually incorrect. Our client had in fact complied with the limit and had an annual gross salary of more than 417,793.60 DKK. In June 2023, we therefore requested SIRI to reopen the case. The case was reopened by SIRI in July 2023, but again our client’s application for extension was refused.
SIRI acknowledged in the refusal that the reason for their previous rejection was factually incorrect.
The second refusal was based on the fact that our client had not worked at least 37 hours per week in accordance with his contract, even though we had submitted pay slips documenting that our client had worked overtime and hours when he was sent home due to bad weather. This is included as a working day for carpenters but does not appear in the e-income.
On September 28, we again requested SIRI to reopen the case. On October 10, 2023, SIRI reopened the case for the second time. In the letter, SIRI states "We must apologize for the long processing time and that the case has not been sufficiently clarified before we made our decision."
We often experience that both SIRI and the Danish Immigration Service make obvious case processing errors, which result in burdensome decisions for our clients, including being notified that they must leave Denmark.
It is unacceptable and contrary to essential principles of administrative law that SIRI makes decisions without making thorough assessments of the cases.
We have extensive experience in cases where authorities make mistakes. If you believe that the authorities have made mistakes in your case, book a meeting with one of our lawyers to discuss your options.