Immigration News June 2022
Family Members and the Greencard Scheme
Two new laws have been passed. One is allowing family members to apply as accompanying family instead of family reunification when the main applicant has obtained Danish citizenship. The other law is the closing down of the Greencard scheme.
22 June 2022
Two new laws have been passed by the Danish Parliament
- Change of rules for accompanying family members to applicants, who has obtained permanent residency in Denmark or Danish citizenship; also, the family members’ permits will no longer be exempt of lapsing if the family leaves Denmark for more than six consecutive months, when the main applicant has obtained either permanent residency or Danish citizenship.
- Closing of the Greencard scheme.
It is now possible for family members to an applicant with permanent residency in Denmark or Danish citizenship to apply as accompanying family instead of applying for family reunification. Previously the family members to an applicant, who has obtained Danish citizenship could only apply for family reunification. This also applied if the family had permits as accompanying family before the main applicant obtaining Danish citizenship.
If the family wishes to apply as accompanying family to an applicant with permanent residency in Denmark or Danish citizenship, the main applicant must fulfil either of two conditions:
- Meet the conditions as stipulated in the last temporary permit
- Or be able to meet the conditions for a permit under one of the existing work schemes
The law also mentions that family members who’s permits previously was exempt from lapsing due to the base of the main applicant’s permit (e.g., fast track scheme) will no longer be covered by the option of exemption from lapse of their permits, when the main applicant obtains permanent residency. This will have a high impact if the main applicant, with or without the family, is planning on leaving Denmark for more than six consecutive months.
We would like to highlight that if a main applicant is leaving Denmark due to his employment, he must be aware of the following:
- Meeting the conditions stipulated in the family permit, e.g., residing at the same address
- Apply for dispensation of exemption for the family so the family’s permits will not lapse while being outside of Denmark
Closing of the Greencard scheme
In June 2016 it was decided by the Danish Parliament that it should no longer be possible to apply for a residence permit in Denmark based on the Greencard scheme. However, it was possible to apply for an extension if a residence permit in Denmark based on this scheme was obtained.
Now it has been decided by the Danish Parliament that after 1 April 2024 it is no longer possible to apply for an extension of a permit based on the Greencard scheme.
It is our recommendation that all holders of permits based on the Greencard scheme should consider other options for obtaining a residence permit in Denmark. If guidance is required, then please reach out to us.