Permanent Residence under EU Rules — Family Member of a Danish Citizen

You have the right to permanent residence under EU regulations when you have had genuine and effective residence in Denmark for at least five consecutive years. Throughout the entire period, you must have met the conditions for residence as a family member to a Danish citizen who has exercised his or her right to free movement in another EU country.

You and your Danish family member must have had genuine and effective residence in Denmark for 5 years

You must therefore have undertaken a genuine and effective relocation to Denmark. It is not sufficient that you have been registered at a Danish address, or that you are the owner or tenant of a home in Denmark.

During the entire five-year period, you must have met the conditions for at least one type of grounds for residence according to EU regulations. It is not a requirement that you have met the conditions for only one type of grounds for residence during the entire period.

As an EU citizen, you may therefore have had several different types of grounds for residence during the 5 year period, either consecutively or simultaneously. These may have been independent grounds for residence, as for example a worker or student, or derived to you as the family member to another EU citizen.

As a third country citizen, your grounds for residence will normally have been as a family member to an EU citizen or a Danish citizen who have exercised the right to free movement in another EU country.

Temporary residence abroad for a total of less than 6 months per year, however, will not in and of itself prevent you from obtaining permanent EU residence.

The same applies to time abroad of up to one year’s duration due to extraordinary circumstances, or long-term residence abroad due to military conscription.

You and your Danish family member must both complete and sign the application form

In this step you have access to the relevant application form OD2/D.

A copy of all pages in your passport (incl. front and back cover).

Documentation that you have had genuine and effective residence in Denmark for 5 years.

Documentation that your Danish family member has had genuine and effective residence in Denmark for 5 years.

As a general rule, SIRI will regard periods of time in which you have had income or have received public benefits in Denmark as periods of time in which you have been residing in Denmark. You do not, therefore, need to attach documentation for the periods of time in which you have received salary or public benefits in Denmark. The same applies to your Danish family member.

You can apply for permanent EU residence no sooner than one month before you have been in Denmark for 5 consecutive years.

However, you must always submit an application before your residence card expires.

If you a a citizen of a country outside the EU/EEA and Switzerland, you must have your biometric features recorded in order to be issued a residence card. This means that you must have a facial photo taken and submit your fingerprints. Your facial photo and your fingerprints will be stored in a chip on the residence card you will receive, if you are granted a residence document.

Family members of an EU citizen who originally had grounds for residence as a family member but who now holds a permanent right of residence under the EU regulations can obtain a derived right of residence.

You have the same rights as with a non-permanent EU residence document. With the addition, however, that you no longer need to meet the conditions of your original grounds for residence. This means that you do not lose your right to residence if you, for example, get divorced.

If you have permanent residence in Denmark, receiving public benefits will not have any impact on your right to reside in Denmark.

You do not lose your permanent EU residence if you reside abroad for less than 2 years.

If you have obtained permanent EU residence and plan to reside abroad for more than 2 years and you subsequently intend to return to Denmark, you may in special cases receive a dispensation, so that your right to residence does not terminate.

In your application for dispensation you must document the reason and length of your residence abroad. SIRI can, depending on the circumstances, grant dispensation from termination for up to 2 additional years (exceeding the 2 years you already have the right to be abroad when you hold a permanent EU residence).