You can make an application for equal status with Danish citizens if you’re hitched to an EU/EEA citizen that is an employee in Denmark under EU legislation
You must meet these two conditions if you want to apply for equal status with Danish citizens according to this rule:
- You should be married to an EU/EEA resident.
- Your better half must certanly be or has retained his/her status as an employee or perhaps a self-employed individual in Denmark.
You must be aware of the fact that your right to SU is a derived right based on your spouse’s status as a worker or a self-employed person in Denmark under EU law if you receive state educational grant (SU) as the spouse of an EU/EEA citizen. This means the right is lost by you to SU if:
- A divorce is got by you from your own partner
- Your partner loses his/her status as a member of staff or a self-employed person in Denmark under EU legislation
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Take note, by using the phrasing “worker or self-employed individual” we mean individuals, whom relating to EU legislation is thought to be employees. Find out more about a member of staff or a person that is self-employed Denmark under EU law.
Simple tips to use
Once we assess whether you will be issued equal status in accordance with EU law, we make use of the information which can be obvious through the paperwork you enclose utilizing the information type for foreign residents. Therefore essential you want to be included in our assessment of your application that you enclose all the documentation. In addition, we make use of the information that the nationwide register, the Danish Immigration provider, the State management plus the Danish Tax Agency (Skattestyrelsen) have actually registered about you as well as your partner.
You must contact the national register in the municipality which you live in if you think that the information from the national register is inadequate or incorrect. You must contact the Danish Immigration Service if you think that the information which the Danish Immigration Service or the State Administration has registered is incorrect or inadequate. If you believe that the data that the Danish Tax Agency (Skattestyrelsen) has registered is incorrect or insufficient you need to contact Skattestyrelsen.
Ongoing monitoring
We monitor for a basis that is ongoing your partner continues to generally meet the conditions for having status as a member of staff or a self-employed individual in Denmark under EU legislation. The monitoring is, to some extent, carried out in line with the information the boss states to your Danish Tax Agency (Skattestyrelsen) regarding the spouse’s income and dealing hours, along with information through the register that is national your civil status.
That you still meet the conditions for receiving SU, we will discontinue your SU and if you have received too much SU, you must pay back this amount if you are not able to prove. Therefore, when you have gotten SU for an interval where we later discover that your better half could never be seen as a member of staff under EU legislation, you have to repay this SU.
You may be the partner of the Danish resident in Denmark
Before you can be granted equal status with Danish citizens and receive SU if you are the spouse of a Danish citizen in Denmark, you must be aware of the fact that your spouse must have exercised his/her right to free movement across national borders.
You have to report that your partner with Danish citizenship has exercised his/her directly to free motion across nationwide boundaries based on EU law and that he/she has already established a real and effective residence an additional EU/EEA country or Switzerland or in another method could be viewed as a migrant worker based on EU legislation. The paperwork must certanly be submitted to your house of training together with the information kind for international residents.
The paperwork can contain:
- Proof details abroad, including transcript through the nationwide register that the applicant’s residence was registered in the united kingdom under consideration.
- Conveyances for home, tenancy agreements or receipts for re payment of rent.
- Documentation showing your spouse moved from his/her previous residence, including evidence that she or he has terminated his/her tenancy contract, offered his/her home or sublet his/her house for a period that is certain.
- Enrolment of kiddies in school, kindergarten, etc.
- Evidence of a nationwide medical insurance number or perhaps a health insurance that is special.
Please be aware that this is simply not an exhaustive list and we assess your submitted documentation that we always will make a concrete assessment of your case, when.
Your better half with Danish citizenship can, as a whole, fulfil the healthiness of having established “a genuine and effective residence” by for example having resided for an extended period in a rented flat (with an open-ended tenancy contract) or in a dwelling, which she or he has purchased an additional EU/EEA country or Switzerland. The illness is, nonetheless, maybe not satisfied if your partner merely has stayed for a short time in a rented flat or at a c/o-address with family relations or acquaintances.
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