legal and social conditions for asylum seekers and refugees in ...

However, an exception is made in cases where the person in Denmark has a residence permit
pursuant to Section 9.2.2 (humanitarian status) or Section 9.2.5 (temporary protection for Bosnians)
and if the marriage was contracted or the child conceived before the person arrived in Denmark. In
such cases, family reunification will be allowed on humanitarian grounds regardless of the length of
time spent in Denmark.
If the person resident in Denmark has a permit under Section 9.2.4 (exceptional grounds) or Section
9.2.6 (temporary protection for people from Serbia and Montenegro), however, no exception will be
made.
Family reunification with parents over 60 will only be granted if the person in Denmark is either a
recognised refugee, Danish or Nordic citizen, and on condition that the person living in Denmark
has a permanent residence permit and undertakes to support the parents. In addition, no family
reunification will normally be granted if the parents have other children in their home country.
Procedure
Family members who wish to be reunified with a person living in Denmark must submit their
application from abroad via a Danish diplomatic representation. The application is processed by the
Immigration Service, which takes the decision after ascertaining that the person residing in Denmark
also wishes for family reunification. An appeal against a rejection can be made to the Ministry of
Interior. In cases involving minor children or parents, the negative decision of the Ministry of Interior
can be further appealed to a court.
In 1999, 2, 781 persons came to Denmark to be reunited with refugees.
Draft law
In February 2000, the government submitted a draft law amending the actual Aliens Act’s provisions
on family reunion. The main proposals are as follows:
– persons between 18 and 25 years of age would no longer have an automatic right to family
reunion with their spouse. The authorisation would only be granted “if the marriage or the
cohabitation can be considered, without any doubt, to have been contracted with the person’s
own will, or if special individual circumstances speak for it”. The aim of this provision is to avoid
the so-called “forced marriages”. In principle, this would apply to family reunion with refugees as
with other foreigners or Danish citizens. However, it is expected that family reunion with a
recognised refugee will be granted as a rule when the marriage has been contracted before the
refugee came to Denmark;
– family reunion with a foreigner living in Denmark would be conditioned on the requirement that
“the spouses’ total connection to Denmark is at least as strong as the spouses’ total connection
to another country”. Refugees would be covered by this provision, whereas family reunion with a
Danish citizen would be excluded;
– family reunion with spouses, parents over 60 years of age and other close family members would
be conditioned on the foreigner living in Denmark having housing of a sufficient size. Refugees
would be, in principle, subject to this requirement as are any other foreigners, but it is expected
that, as far as they are concerned, family reunion with spouse/partner and minor children would
be accepted as a rule.
It is expected that the amendments to the Aliens Act will be passed before summer 2000. Further
information on this issue will be available from the Danish Refugee Council.
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