EXPLAINED: How to have a work permit case reopened in Denmark

"Most people would not consider the option of a reopening of the case," Christina Poblador, an immigration lawyer with the firm Jacobsen and Poblador, told The Local. "Most clients would just go the appeal way, because in all the denials, all the decisions that you get, it's described how you appeal a case in the letter."

But, with a 12 to 14-month waiting list at the Immigration Appeals Board and no guarantee you will be granted permission to stay or work in Denmark during your wait, it can often make more sense to reopen the case instead. 

READ ALSO: 'When they reopened my Danish work permit case I was over the moon'

What does reopening a case entail? 

When an application to receive or extend a work permit is refused by the Danish Agency for International Recruitment and Integration(Siri) the case is officially closed.

If it is reopened, it is sent back to the agency, along with additional information, to be reconsidered. The agency will then either confirm or overturn its initial decision. 

What do you have to do to reopen a case?  

You need to write to Siri, either by sending an ordinary letter or, as the agency recommends, by using this contact form on its website. Click "I want to ask a question or send documentation related to a particular case". 

You must first pay a fee of 930 Danish kroner to request a reopening of the case, which you do on this page. 

According to the guide in Siri's New In Denmark website, your letter or form submission needs to include: 

• The new information you believe is relevant to the case
• Documentation for payment of the fee, including the case order ID
• Your personal ID (appears in the decision letter from Siri)
• The case number from the original case (appears in the decision letter from Siri)

What sort of additional information do you need to provide to reopen a case? 

You need to submit information which was: 

•  Present when the original decision was made

• Of such importance that the case might have had a different outcome if case officers had been aware of information when the decision was made 

This means that any changes to employment terms agreed after the application was made do not count.

But it would count if, for example, if the case officer did not have copies of payslips issued before the application that show additional overtime hours worked which then push an applicant for a work permit extension over the required number of hours.  

Can you still apply to reopen a case if you have already appealed it? 

It's tough. If there is already a pending appeal, Siri will forward the additional information included in the request for reopening to the Immigration Appeals Board, which will then decide whether the case should be reopened by Siri or ruled on by the board itself. 

Given the long delays for decisions at the Immigration Appeals Board, there's a clear risk that simultaneously requesting a reopening will, if anything, further delay a decision. 

How long do I have after a decision to ask for it to be reopened? 

There is no deadline, but if a considerable amount of time has passed since your decision and you have no good explanation for the delay, Siri may consider that you have been "too passive" and refuse your request to reopen the case.