New legislation pertaining to "residence permit" after the death of a spouse

February 17, 2014

New legislation pertaining to 'residence permit' after the death of a spouse

The Danish parliament has voted for a new legislation that will make sure (or, ensure that) a foreign national’s spouse residing in Denmark does not lose his/her permit to reside, if his/her partner or spouse living in Denmark expires. The foreign national’s spouse or partner to be allowed to stay in Denmark, must have made an attempt to assimilate into Danish society. Irrespective of the length of time he or she has stayed in the country, the new law applies to all the foreign national’s partners or spouses. By way of ‘cause and effect’, changes in legislation will also apply to children of the foreign national’s partners.

This amendment and change to the law will take effect from 1st February, 2014 and will also be applied to all the backlog cases of foreign nationals’ spouses whose residence permit becomes invalid due to the death of a partner or spouse (i.e. if he/she is a foreign national).

Under the rules of the new laws, the foreign national’s spouse who has lost his/her ‘residence permit’ due to the demise of his/her partner or spouse can submit an application to get his/her residence permit back. People who are partners of foreign nationals, with a time duration of less than 2 years since the ‘loss of residence’ permit have a right to reopen their cases. Individuals who want their cases to be reopened need to submit an application to the Immigration Service, within 6 months, with effect from 1st February, 2014.

If any person has lost his/her permit of residence due to the death of his/her partner or spouse and who is residing in Denmark further to 1st February 2012 is asked to leave the country, he or she will have time until August, 2014 to reopen his/her case. Even children who have lost their ‘residence permit’ because of the death of a parent, can avail of this rule to request reopening of their cases.

After anyone has requested that his/her case be reopened for a residence permit, the Immigration Service will evaluate his/her case, irrespective of the length of time he/she has  stayed in (or, resided) in Denmark. An application to reopen a case can be submitted directly at the Danish consulate or at the Immigration Service. One can also apply by telephone or e-mail, or by directly heading to the Immigration Service’s Citizen Service Centre. 

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