May your family settle with you in Denmark?
The so-called ‘requirement to demonstrate connection with Denmark’ was a significant impediment for many expat Danes wishing to resettle in Denmark with their foreign spouses. Originally, the requirement applied only to foreigners; an exemption applied to Danes. That exemption was abolished in 2016. Between then and 1 July 2018, Danish citizens were asked to meet the requirement applied to foreigners. A transitional rule was put in place for this period based on residency requirements for foreign workers.
During this interim period, expat Danes expressed considerable resentment and frustration over the rules and the arbitrary processing of their cases. Many members voiced special objection to the fact that the interim rule was based on the principles applied to residency for foreign workers. They felt as if they were guest workers in their own country. As a result, a new points-based system was introduced on 1 July 2018 to replace the ‘connection’ requirement.
For the most part, Danes Worldwide is satisfied with the new system in that the ‘connection’ requirement had posed an insurmountable difficulty for quite a few expat Danes and in that politicians in the parties advancing the proposed new system took into account the criticisms raised in our hearings submission. However, Danes Worldwide believes that – at a minimum – an exemption must be made in the case of children of expat Danes who would otherwise face significant problems should they wish to move to Denmark with a foreign spouse. If such an exemption is not instituted, Denmark stands to lose an entire generation of young Danish talent … and tax payers.
Danes Worldwide has always maintained that all Danish citizens must have the opportunity to return to Denmark with their spouse and any children, on condition they are able to provide for themselves financially. We maintain that position to this day.
Here is our proposal for family unification rules that will benefit Danish citizens living outside Denmark:
- Danes Worldwide maintains, as a key principle, that a ‘demonstration of connection’ should not be required of Danish citizens.
- Family unification involving Danish citizens should be segregated from the general regulations involving foreigners and should be made subject to a separate set of rules for Danish citizens. Danes should not be made to feel they are foreigners in their own home country.
- Children of expat Danes should in all cases be exempt from the requirements in the new system because they will be hard pressed to meet them due to their parents’ postings abroad.
Our Hearings Submission
Danes Worldwide maintains that all Danish citizens should be able to return to Denmark with their families – a position we stressed in our submission to the hearings on the new legislation. Read it here:
Contact us about family unification
Do you need specific help and/or advice concerning family unification? Members are invited to be in touch with our legal advisory team.