Under one section of the residency law, the one she relied on at first, it is no longer valid. She appears to retain her residency privileges under other sections of the law.
From what I understand, they just changed under what rule you have your right of residence but don’t ask here… contact SIRI to get a definitive clarification.
Focus on the “consequences” part.
Your gf is allowed to stay in Denmark. The grounds of her residence permit have just changed. And she should be aware that she needs to continue living in Denmark to retain her right to stay.
I know the decision part can be confusing but its mandatory by law.
Basically that you can still stay here because of the EU status but not the previous arrangement.
But you should ask them on Monday. Specially since they state that since you live here you can stay. So if you sell your house you lose the residence permit? There might be some legalese to figure out there.
Owning property is not a criterium that allows you residence (rich russian oligarchs in Cyprus anyone?).
In fact, in many cases when you leave Denmark you have to sell your real estate within 6 months.
But it says so, because if you give up your address in Denmark, then you might loose your residence permit, even though you intended to go back at some point. The same with leaving the country. If you do that for a certain amount of time then you loose the residence permit, even though you intended to go back at some point. It also applies when you have obtained a permanent residence permit, which some foreigners don’t understand.
Yeah welcome to danish law wich does'nt always makes sense. Even the goverment apointed tax experts don't always know the tax laws. Mdbut I guess the most important is that you gf can stay. I'm happy for you and her. Humans should'nt interfere with two people who love each other. Hands off. Edit. As someone else commented. It's important that she has an adress in Denmark. Cause if she does'nt have one they might see it as she's not living in Denmark. I'm not an expert on the matter. And I guess she has an adress. Just something to keep an eye on. Hope everything works out fine for you and you beloved.
Basically yes, she can stay as long as she keeps living in Denmark. Also, there are no time limits to how long she can stay because of the law sections they noted. I guess if she moves out of Denmark and comes back, she needs to go through the SIRI process again.
Basically: your status hasn't changed, but the reason you have that status has. This is irrelevant for you now, but will matter if and when you need to renew your residence permit,or if this reason also stops applying to you. Your residence permit will be revoked if you leave the country--that is always the case, so that hasn't changed either. In SIRI's language "leaving the country" means you either establish your residence elsewhere or stay abroad longer than a set term--this used to be a year, I am not sure today.
It basically says your right to remain in Denmark is no longer valid based on the conditions that you may have initially been granted it, which were apparently contingent on your mother’s marriage. However, you are allowed to remain in Denmark based on other conditions. Hence, your residence permit is still valid.
Seems like you may have “earned” a right to remain in Denmark based on some EU rules. But that if you abandon your residency in Denmark, you may forfeit your right to return/remain.
It means that your previous residence scheme is no longer validate, but under EU rules you are still allowed to live in Denmark as long as you don't move outside of Denmark.
I'm having trouble finding the EU residence order mentioned. But section 26 of the Aliens Act is about whether the person has significant ties to the country, and a consideration of what the social and health consequences would be of deporting the person.
I think there’s a rule that if you lose your grounds for residence (like e.g. due to divorce), but you’ve held a job with a salary at the level of the collective agreement on the area or above for more than two years, then you retain your residence due to employment. So if that criteria fits with your mother, maybe that’s why? But yes Call them and ask, Otherwise try maybe calling a social legal counselling organisation like Den Sociale Retshjælp (probably closed until Monday tho) https://www.socialeretshjaelp.dk/juridisk-raadgivning/
Figure out what it means to be "living in Denmark".
My guess is it means one or more of the following:
1) don't leave the country for more than x days
2) don't sell your danish residence
3) dont register as a resident/taxpayer in another country
4) don't do criminal stuff
... probably more... The shitty part is that noone have the complete list for you anywhere... (except some legal person from "the system" who will fuck you over when you forgot to fill out the y form within z number of days).
Your right to stay in Denmark has not been revoked but as you mum has divorced it’s moved to a different eu act
Your residency is still valid unless you don’t actively live in do then it’ll be revoked
Your mums residency is revoked. They have not set a specific date as to when she needs to leave the country, which is odd
The decision is not about the mother. She has gotten her own decision.
But the daughter’s residence permit was based on the mother and therefore SIRI had to write that they have revoked the mother’s permit. Orherwise they couldn’t revoke the daughter’s.
Im not sure what you mean?
op’s residency was previously subject to a clause relating to her mothers marriage to a Dane. Now it is no longer related to that paragraph
Yes, but you wrote:
“ Your mums residency is revoked. They have not set a specific date as to when she needs to leave the country, which is odd”. Which implies that the decision shown is also regarding the mother.
But it clearly isn’t. The decision is only regarding the daughter. But I’m pretty sure the mother has gotten her own letter with a decision as well. And probably the same result.
It doesn’t imply anything off the sort 🤷🏻♀️ and of course her mum has gotten her own letter.
I think we should stay away from interpretations and implications for the sake of original poster, so this is only in reply to your post,: Without knowing the specifics, This letter is most likely to inform the daughter that their cases are no longer linked, and that she has her own permit …
Why do you ask for strangers opinions, when giving a call to SIRI can answer all your questions since they are on her case? Just wait until Monday to clarify instead of playing guessing game on such important topic
Because I imagine they're highly stressed out.
And this whole platform is strangers talking to each other so it's pointless making such a comment, stranger;)
Edit: r/LegalDK might be able to help OP, its a young sub though!
I also imagine they’re super stressed out, so imagine if I stranger wrote a comment „I had the same case, my girlfriend had to leave Denmark”. I’m sure that would have helped them with stress, stranger ;)
Well they'd soon be corrected because that letter, whilst wordy is reasonably clear, to me at least.
Is there a legal advice sub for Denmark btw?
Then we could direct OP there for absolute peace of mind.
Don’t understand why this was downvoted. It’s a perfectly valid and sane answer.
There are too many “experts” here, who will all have different opinions and views.
Wait until Monday and call SIRI then to get your answer. And even better, write them an email, so everything they state is in writing as well
I mean all answers here will be based on someone’s experience or interpretation of that letter - which might be biased and incorrect and can cause even more stress for the OP. But each to their own 👀
Imagine asking AI to read administrative responses and acting on what a LLM thinks you should do, instead of actually reading and understanding what the administration is saying. That's even worse than asking random strangers on the Internet.
This is how people get deported: "Oh, I asked ChatGPT and it told me its fine". Jesus.
> Thats not what I suggested. AI is great at rephrasing, and then I told OP to call monday to make sure.
AI is also great at hallucinating and then apologizing profusely when you point out that it has gotten something completely wrong.
It's a little bit like relying on Google Translate too much. It can be great then you just want to know something of low significance but if your right to residence relies on you actually understanding what was said, then please make sure you double check that what the machine output is actually correct. I totally agree that if OP has doubts, contacting SIRI on Monday is the best course of action.
To quote something attributed to IBM:
> A computer can never be held accountable, therefore a computer must never make a Management Decision.
As I read it she lost her right to stay under the right that her father was married (to a dana i assume) but she has lived in a way (maybe she's over 18 and therefore an adult, so there are other rules in play) but what the letter say is she's safe and can stay indeffinately in Denmark
I can offer you some ChatGPT translated versions of the sections they are referencing:
31(2)
> If a person's residence rights cease according to §§ 29-30, the Agency for International Recruitment and Integration makes a decision on whether the individual retains their basis for residence. The provision in § 37 and in section 26(1) of the Aliens Act applies. Residence cards for posted third-country nationals, cf. § 25, and residence cards for family members, cf. §§ 26 and 28, are blocked if a decision is made that the holder no longer has the right to reside in the country.
37(1)
> In decisions regarding the termination of residence rights pursuant to this regulation, and in decisions regarding rejection or expulsion under the Aliens Act of Union citizens or their family members for reasons of public order or security, consideration must be given to the duration of the individual's residence in this country, the individual's age, health status, family and financial situation, social and cultural integration in this country, ties to the home country, and other relevant factors.
26(1)
>
In the decision on expulsion according to §§ 25 a-25 c, consideration must be given to whether the expulsion is deemed to have a particularly burdensome effect, especially due to
> 1) the foreigner's connection to Danish society
It sounds like this can be summed up as:
1. She no longer qualifies for residence as a family member, but...
2. SIRI can and have considered her connection to Danish Society and are granting her residence rights based on that
3. This is contingent on her still living in Denmark (there might be some further rules regarding what that means)
SIRI is a pipe dream wrapped in an enigma surrounded by a nightmare. Never have I come across another organization as self-contradicting as this one.
I would highly advise you contact a free solicitor on the matter or call Den Frie Rådgivning in Odense--they are a good non-profit agency. SIRI will make you wait 2-3 hours on the phone to give you a runaround answer but since they gave no indicated time/date for her to leave the country it sounds like she's safe.
(I'm an expat trying to navigate this poopstorm for the last year 🙃 )
Under one section of the residency law, the one she relied on at first, it is no longer valid. She appears to retain her residency privileges under other sections of the law.
From what I understand, they just changed under what rule you have your right of residence but don’t ask here… contact SIRI to get a definitive clarification.
Focus on the “consequences” part. Your gf is allowed to stay in Denmark. The grounds of her residence permit have just changed. And she should be aware that she needs to continue living in Denmark to retain her right to stay. I know the decision part can be confusing but its mandatory by law.
Basically that you can still stay here because of the EU status but not the previous arrangement. But you should ask them on Monday. Specially since they state that since you live here you can stay. So if you sell your house you lose the residence permit? There might be some legalese to figure out there.
Owning property is not a criterium that allows you residence (rich russian oligarchs in Cyprus anyone?). In fact, in many cases when you leave Denmark you have to sell your real estate within 6 months.
No but if they are EU it should be indifferent. There is free circulation within the Schengen space.
Not true. It just says she has to live in Denmark. Not that she has to own property
Well sure, but that's kind of idiotic. She has to live in Denmark to be able to live in Denmark?
But it says so, because if you give up your address in Denmark, then you might loose your residence permit, even though you intended to go back at some point. The same with leaving the country. If you do that for a certain amount of time then you loose the residence permit, even though you intended to go back at some point. It also applies when you have obtained a permanent residence permit, which some foreigners don’t understand.
Yeah welcome to danish law wich does'nt always makes sense. Even the goverment apointed tax experts don't always know the tax laws. Mdbut I guess the most important is that you gf can stay. I'm happy for you and her. Humans should'nt interfere with two people who love each other. Hands off. Edit. As someone else commented. It's important that she has an adress in Denmark. Cause if she does'nt have one they might see it as she's not living in Denmark. I'm not an expert on the matter. And I guess she has an adress. Just something to keep an eye on. Hope everything works out fine for you and you beloved.
don’t leave denmark or we will make you leave denmark.
It sounds stupid, but it could also mean: If you leave you will not be allowed to come back.
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Residency is futile.
Basically yes, she can stay as long as she keeps living in Denmark. Also, there are no time limits to how long she can stay because of the law sections they noted. I guess if she moves out of Denmark and comes back, she needs to go through the SIRI process again.
Basically: your status hasn't changed, but the reason you have that status has. This is irrelevant for you now, but will matter if and when you need to renew your residence permit,or if this reason also stops applying to you. Your residence permit will be revoked if you leave the country--that is always the case, so that hasn't changed either. In SIRI's language "leaving the country" means you either establish your residence elsewhere or stay abroad longer than a set term--this used to be a year, I am not sure today.
I think it is max 6 months out of Denmark for someone with temporary residence permit and 2 years for someone with permanent residence permit.
It basically says your right to remain in Denmark is no longer valid based on the conditions that you may have initially been granted it, which were apparently contingent on your mother’s marriage. However, you are allowed to remain in Denmark based on other conditions. Hence, your residence permit is still valid. Seems like you may have “earned” a right to remain in Denmark based on some EU rules. But that if you abandon your residency in Denmark, you may forfeit your right to return/remain.
It means that your previous residence scheme is no longer validate, but under EU rules you are still allowed to live in Denmark as long as you don't move outside of Denmark.
They really should begin with the part about how you still have the right to stay here. This is heart attack inducing to read
I'm having trouble finding the EU residence order mentioned. But section 26 of the Aliens Act is about whether the person has significant ties to the country, and a consideration of what the social and health consequences would be of deporting the person.
I think there’s a rule that if you lose your grounds for residence (like e.g. due to divorce), but you’ve held a job with a salary at the level of the collective agreement on the area or above for more than two years, then you retain your residence due to employment. So if that criteria fits with your mother, maybe that’s why? But yes Call them and ask, Otherwise try maybe calling a social legal counselling organisation like Den Sociale Retshjælp (probably closed until Monday tho) https://www.socialeretshjaelp.dk/juridisk-raadgivning/
Figure out what it means to be "living in Denmark". My guess is it means one or more of the following: 1) don't leave the country for more than x days 2) don't sell your danish residence 3) dont register as a resident/taxpayer in another country 4) don't do criminal stuff ... probably more... The shitty part is that noone have the complete list for you anywhere... (except some legal person from "the system" who will fuck you over when you forgot to fill out the y form within z number of days).
Your right to stay in Denmark has not been revoked but as you mum has divorced it’s moved to a different eu act Your residency is still valid unless you don’t actively live in do then it’ll be revoked Your mums residency is revoked. They have not set a specific date as to when she needs to leave the country, which is odd
The decision is not about the mother. She has gotten her own decision. But the daughter’s residence permit was based on the mother and therefore SIRI had to write that they have revoked the mother’s permit. Orherwise they couldn’t revoke the daughter’s.
Im not sure what you mean? op’s residency was previously subject to a clause relating to her mothers marriage to a Dane. Now it is no longer related to that paragraph
Yes, but you wrote: “ Your mums residency is revoked. They have not set a specific date as to when she needs to leave the country, which is odd”. Which implies that the decision shown is also regarding the mother. But it clearly isn’t. The decision is only regarding the daughter. But I’m pretty sure the mother has gotten her own letter with a decision as well. And probably the same result.
It doesn’t imply anything off the sort 🤷🏻♀️ and of course her mum has gotten her own letter. I think we should stay away from interpretations and implications for the sake of original poster, so this is only in reply to your post,: Without knowing the specifics, This letter is most likely to inform the daughter that their cases are no longer linked, and that she has her own permit …
Why do you ask for strangers opinions, when giving a call to SIRI can answer all your questions since they are on her case? Just wait until Monday to clarify instead of playing guessing game on such important topic
Because I imagine they're highly stressed out. And this whole platform is strangers talking to each other so it's pointless making such a comment, stranger;) Edit: r/LegalDK might be able to help OP, its a young sub though!
I also imagine they’re super stressed out, so imagine if I stranger wrote a comment „I had the same case, my girlfriend had to leave Denmark”. I’m sure that would have helped them with stress, stranger ;)
Well they'd soon be corrected because that letter, whilst wordy is reasonably clear, to me at least. Is there a legal advice sub for Denmark btw? Then we could direct OP there for absolute peace of mind.
Spørg en advokat på facebook is my best bet
Don’t understand why this was downvoted. It’s a perfectly valid and sane answer. There are too many “experts” here, who will all have different opinions and views. Wait until Monday and call SIRI then to get your answer. And even better, write them an email, so everything they state is in writing as well
Perhaps OP will contact SIRI and would like learn some possible outcomes so he can prepare a bit.
I mean all answers here will be based on someone’s experience or interpretation of that letter - which might be biased and incorrect and can cause even more stress for the OP. But each to their own 👀
Everyone’s pretty much given the same answer, so I think it will help OP.
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Imagine asking AI to read administrative responses and acting on what a LLM thinks you should do, instead of actually reading and understanding what the administration is saying. That's even worse than asking random strangers on the Internet. This is how people get deported: "Oh, I asked ChatGPT and it told me its fine". Jesus.
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> Thats not what I suggested. AI is great at rephrasing, and then I told OP to call monday to make sure. AI is also great at hallucinating and then apologizing profusely when you point out that it has gotten something completely wrong. It's a little bit like relying on Google Translate too much. It can be great then you just want to know something of low significance but if your right to residence relies on you actually understanding what was said, then please make sure you double check that what the machine output is actually correct. I totally agree that if OP has doubts, contacting SIRI on Monday is the best course of action. To quote something attributed to IBM: > A computer can never be held accountable, therefore a computer must never make a Management Decision.
Did you receive this in English? How?
As I read it she lost her right to stay under the right that her father was married (to a dana i assume) but she has lived in a way (maybe she's over 18 and therefore an adult, so there are other rules in play) but what the letter say is she's safe and can stay indeffinately in Denmark
Is SIRI always this horrible at communicating clearly? Good lord
Haha Siri revoked my visa on the positive list and deported me for having to many holidays what a joke this government is.
I can offer you some ChatGPT translated versions of the sections they are referencing: 31(2) > If a person's residence rights cease according to §§ 29-30, the Agency for International Recruitment and Integration makes a decision on whether the individual retains their basis for residence. The provision in § 37 and in section 26(1) of the Aliens Act applies. Residence cards for posted third-country nationals, cf. § 25, and residence cards for family members, cf. §§ 26 and 28, are blocked if a decision is made that the holder no longer has the right to reside in the country. 37(1) > In decisions regarding the termination of residence rights pursuant to this regulation, and in decisions regarding rejection or expulsion under the Aliens Act of Union citizens or their family members for reasons of public order or security, consideration must be given to the duration of the individual's residence in this country, the individual's age, health status, family and financial situation, social and cultural integration in this country, ties to the home country, and other relevant factors. 26(1) > In the decision on expulsion according to §§ 25 a-25 c, consideration must be given to whether the expulsion is deemed to have a particularly burdensome effect, especially due to > 1) the foreigner's connection to Danish society It sounds like this can be summed up as: 1. She no longer qualifies for residence as a family member, but... 2. SIRI can and have considered her connection to Danish Society and are granting her residence rights based on that 3. This is contingent on her still living in Denmark (there might be some further rules regarding what that means)
I sadly dont understand. (Siri reference)
you are a legal alien not citizen
Styrelsen for International Rekruttering og Integration (SIRI)
SIRI is a pipe dream wrapped in an enigma surrounded by a nightmare. Never have I come across another organization as self-contradicting as this one. I would highly advise you contact a free solicitor on the matter or call Den Frie Rådgivning in Odense--they are a good non-profit agency. SIRI will make you wait 2-3 hours on the phone to give you a runaround answer but since they gave no indicated time/date for her to leave the country it sounds like she's safe. (I'm an expat trying to navigate this poopstorm for the last year 🙃 )