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RESIDENCY PERMITS

Denmark could make change to permanent residency employment rule

New Danish Minister for Immigration and Integration Kaare Dybvad Bek says he wants to change one of the criteria for permanent residency in Denmark.

New Danish immigration minister Kaare Dybvad Bek
New Danish immigration minister Kaare Dybvad Bek could adjust an employment rule for permanent residency permits. Photo: Emil Helms/Ritzau Scanpix

In an interview with newspaper Politiken on Thursday, Bek said that people on paid internships should enable nationals of non-EU countries to meet the overall criteria for permanent residency.

Bek told Politiken he wanted to “tidy up things that make no sense” in permanent residency rules.

He also told the newspaper he wanted Denmark’s immigration rules to be “tight, but not crazy”.

Specifically, the minister said paid internships and trainee programs should count toward the work requirement — applicants for permanent residency must have worked for at least three years and six months of the previous four years.

Before 2016, education could also be used to satisfy the work requirement. Bek is not keen to restore that particular policy, telling Politiken that working people should considered first.

“We believe that people become well integrated by being at a place of work. That could be having responsibility for senior citizens, a checkout at Netto or laying bricks. By being around colleagues every single day you will get a very good idea of what Danish society is generally about,” Bek said to Politiken.

No specific detail was given as to specific sectors which might be encompassed by a change in the rules. But students or interns who are paid for positions with companies could benefit, according to the report.

Bek named social care workers and construction site apprentices as possible examples of jobs that could be accounted for.

Danish permanent residence rules were changed in 2016 under the previous centre-right government.

Prior to the 2016 change, education counted as employment in a requirement stating a person must have been employed for three and a half of the last four years in order to meet permanent residency criteria.

After 2016, any time spent in education does not count towards the employment criteria.

Bek’s Social Democratic party, then in opposition, supported the change.

READ ALSO: OPINION: Denmark must treat international students equally on permanent residency

The new immigration minister denied he would roll back the 2016 changes in their entirety and said people working should be given priority over students.

He also stressed to Politiken that the government had no plans to ease immigration rules but had always held the same position with regard to internships and residency rules.

Permanent residence means that a person is allowed to stay in Denmark and does not need to apply for residence again. 

EU, EEA and Swiss citizens have the right to apply for permanent residency when they have lived in Denmark for at least five consecutive years. Once it is granted, the holder can live in Denmark without having to meet the original requirements of their temporary EU residency (i.e. being employed, self-employed, a student, or through having sufficient funds). 

Non-EU citizens can be granted permanent residence once they have had a temporary residence permit for eight uninterrupted years (in some cases four).

There are certain requirements for the previous temporary residence, however. These include current employment, and paid internships do not fulfil this employment requirement currently.

READ ALSO: What’s the difference between getting Danish citizenship and becoming a permanent resident?

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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

Long-term residence status grants equal treatment to EU nationals in areas such as employment, self-employment or education, as well as the possibility to move to other EU countries under certain conditions. 

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

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