UUI, Alm.del - 2011-12 - Bilag 91: Danmarks høringssvar på Kommissionens grønbog om retten for tredjelandsstatsborgere, der bor i EU, til familiesammenføring

Denmark’s response to the Commission Green Paper on the right toFamily Reunification of third-country nationals living in the EuropeanUnionDenmark welcomes the consultation process initiated by the Commissionwith the Green Paper on the right to Family Reunification of third-countrynationals living in the European Union.From the discussions during the lunch at the informal Meeting in Copen-hagen on 26 January 2012 it has become clear that there is not a uniformopinion on the need for a revision of the Family Reunification Directive(2003/86/EC) between the Member States.Denmark therefore looks forward to learn the outcome of the consultationprocess and avails itself to the Commission for cooperation on the follow-up to the Green Paper.Due to the Danish reservation in the area of Justice and Home AffairsDenmark is not bound by the Family Reunification Directive.Thus, Denmark’s response to the Green Paper will focus on the Danishlegislation and practice regarding family reunification.It should be noted that in Danish legislation same-sex (registered) partnersand cohabitating partners are equal to married spouses. In the text below,the term “spouse” will therefore cover all of these. Likewise the term“marriage” also covers registered partnerships and cohabitations.However, cohabitation is only equal to marriage, if the partners have lived

together in the same household for a longer period of time, usually 18months.Question 1: Who can qualify as a sponsorCurrent rules in the Danish Aliens ActAccording to Section 9 (1) (i) of the Danish Aliens Act the spouse inDenmark must either be a Danish national, a national of one of the otherNordic countries, hold a residence permit as refugee or subsidiary protec-tion, or have held a permanent residence permit for Denmark for morethan the last 3 years.Question 2: Eligible family members - spousesCurrent rules in the Danish Aliens ActThe points system and the 24-year-ruleA general age requirement of 24 years, according to which both spousesmust be at least 24 years old before spousal reunification can be granted,was introduced in June 2002.An amendment to the Danish Aliens Act in 2011 (Act No 601 of 14 June2011) altered this general 24 year-rule and introduced a point system,which entered into force on 1 July 2011.The applicant must – regardless of his/her age – obtain a certain amount ofpoints in relation to a number of criteria in order to qualify for spousal re-unification. Points are inter alia given for work experience, language skillsand completed education. If an applicant obtains a sufficient amount ofpoints he/she may be granted a residence permit on the grounds of spousalreunification.The amount of points required differs depending on whether both spousesare 24 years old or younger. The applicant must obtain 120 points if eitherof the spouses is under the age of 24 years. The applicant must obtain 60points, if both spouses are 24 years or older, cf. Section 9 (15) of the Dan-ish Aliens Act.Forced marriagesAccording to Section 9 (8) of the Danish Aliens Act spousal reunificationcan, as a general rule,notbe granted if it is considered doubtful that themarriage was contracted at both parties’ own desire.2

When assessing whether a marriage was entered into against the wishes ofone or both of the spouses, the immigration authorities will consider allrelevant information in the case. If the spouses are closely related (e.g.cousins), the immigration authorities will as a general rule assume thatthey did not marry of their own free will. As a result, such applicationswill usually be refused.Previous examples of spousal reunification within the spouses’ closestfamilies is considered a circumstance which may indicate a forced mar-riage.In addition, the immigration authorities will pay particular attention to thefollowing indicators:Circumstances surrounding the wedding and the spouses' personalcontact and relationship prior to the marriageThe age of the spousesThe duration of the marriageThe spouses' contact and relationship with their prospective fami-lies-in-law prior to the marriageThe spouses' personal situations, including financial situation andprofessional and educational backgroundsInformation about any contact that may have been made by eitherspouse to a crisis or counselling centreIt will also be taken into consideration if the spouses' families have beenactively involved in arranging the marriage. However, a marriage will notautomatically be characterised as 'forced' merely because it takes placewith the cooperation of the two families.If, when receiving the application, the diplomatic mission becomes suspi-cious that a marriage may have been forced, the applicant will be inter-viewed about the circumstances of the marriage.Planned revision of the current rulesIt is stated in the Government Platform “A Denmark that stands together”from October 2011 that the Government inter alia wants to abolish thepoint system regarding spousal reunification and reverse the 24-year ruleinto the definition it had before Act No 601 of 14 June 2011.

Effects of the rulesOne of the purposes of the 2002 amendment was to enhance the efforts tocombat forced marriages. The reasoning was that the older the people in-volved are, the better equipped they are to resist pressure to enter into anunwanted marriage. The purpose is described in the explanatory notes tothe relevant bill (Bill No 152 of 28 February 2002).A study from 20091indicates that the introduction of a 24 year age limit inconnection to family reunification has helped to further a progress towardsa higher age of the partners at the time of marriage. In the report expertsstate that in their opinion being in the early-mid 20s rather than in the lateteens women are found better able to argue their way out of an unwantedmarriage.Other efforts to prevent forced marriagesDenmark has implemented several initiatives outside the regulation of ac-cess to family reunification to prevent forced marriages and other honour-related conflicts.The Danish Immigration Service has an advisory service for young peopleunder the age of 24, who is facing a forced marriage or an arranged mar-riage, which is not fully according to the young person’s own wishes.Young persons, who have not decided whether they want to enter into anarranged marriage, can call the Immigration Service for guidance.The municipalities are also obligated under the Danish Act on Social Ser-vices to offer guidance and support to young persons in order to preventsocial problems. This obligation applies inter alia in cases of forced mar-riages and family reunification.Other initiatives include a special hotline offering guidance and support toyoung persons facing forced marriages or other honour related conflicts,mediation for families involved in forced marriages, and a shelter foryoung women and young couples, where they can seek refuge from aforced marriage or other honour related conflicts.1

Evidence of the problem with forced marriagesThere is no clear and complete evidence on forced marriages, because notall cases of forced marriages are – inherently – reported to the authorities.There exists therefore no exact number on the amount of forced marriages.The Danish police registers crimes, which could be honour related. In2009 the police registered 194 such cases.Honour related conflicts includes forced marriages and inter alia threatsand violence in the name of honour.The Women Shelter Organisation (LOKK) in Denmark is responsible forthe hotline about honour related conflicts and a national consulting unit,which can offer advice and help to youngsters, who experience honour re-lated conflicts. In 2011 LOKK had 1035 inquiries about honour relatedconflicts, 833 inquiries in 2010 and 440 inquiries in 2009. The risingamount on inquiries is seen as an indicator of growing awareness amongthe youngsters on their own rights and the possibilities of getting help fromthe authorities.In 2011 the Ministry of Social Affairs and Integration published a reporton social control with youngsters in immigrant families. The report wasbased on a survey among almost 3000 youngsters in Denmark between theages of 15 to 20 years. The report concludes that around 25 % of the youngimmigrants and descendants experience their families taking part in choos-ing their spouse and around 25 % are afraid that their families will choosea spouse for them against their own will.There have been cases where one of the spouses confidentially informedthe Danish Immigration Service about a forced marriage and requested thatthe application for spousal reunification be refused.During 2008-2011 the Danish Immigration Service has refused a total of235 cases on the grounds that it was not considered indisputable that themarriage was contracted or the cohabitation was established at both par-ties’ own desire. Statistically it is not possible to differ between refusalsbased on evidence and refusals based on an assumption of forced mar-riages (e.g. under the ‘cousin-rule’).

Question 3: Eligible family members –childrenCurrent rules in the Danish Aliens ActAge limitIn order for a child to be granted a residence permit on the grounds of fam-ily reunification, it is normally a condition that the child is under the age of15, cf. Section 9 (1) (ii) of the Danish Aliens Act. However, if special rea-sons apply – such as considerations for the unity of the family – it is possi-ble for a child between the ages of 15 and 18 to be granted family reunifi-cation in Denmark.The age limit was reduced from 18 years to 15 years in 2004 by anamendment to the Danish Aliens Act. The purpose of the lowering of theage limit was to counteract both re-education travels and incidents whereparents deliberately choose to let a child stay in another country until thechild is almost an adult. Another purpose was to ensure that childrenmoved to Denmark at a young age in order to have as much of their up-bringing in Denmark as possible and thus have the opportunity to achievesuccessful integration in Denmark. This is stated in the explanatory notesto the relevant bill (Bill No 171 of 20 February 2004).Potential for successful integrationIn certain cases a special so-called attachment requirement applies. Thisrequirement stipulates that a residence permit will, as a general rule, onlybe granted if the child has, or has the opportunity to achieve, ties to Den-mark, which are sufficient to constitute a basis for successful integration inDenmark, cf. Section 9 (17) of the Danish Aliens Act.

This requirement applies if the other parent is still living in the child’scountry of origin – or another country where the child is also living – andif the child’s application for a residence permit is submitted more than twoyears after the parent in Denmark meets the requirements for family reuni-fication with the child.When assessing whether this requirement is met, attention is paid to thelength and nature of the child’s stay in the country of origin and his/her at-tachment to the parent there. Furthermore, the child’s age and previousvisits to Denmark, e.g. visa stays, are considered. Attention is also paid tointer alia how well the parent in Denmark is integrated and to his/her in-tentions and willingness to let the child stay in the country of origin.Planned revision of the current rulesIt is stated in the Government Platform from October 2011 that the Gov-ernment inter alia wants to change the current rules regarding family reuni-fication with children.On 9 February 2012 the Danish government and the parties Enhedslistenand Liberal Alliance concluded an agreement regarding family reunifica-tion with children. The agreement aims at balancing the rules regardingfamily reunification with children better and strengthening the possibilitiesof obtaining a residence permit on this basis.The main points of the agreement concerns a change to the application ofthe special requirement regarding a child’s “potential for successful inte-gration”, which only applies to situations where a child's other parent isstill living in the home country, and the child's application for a residencepermit is submitted more than two years after the parent in Denmark meetsthe requirements for family reunification with the child. Thus, this re-quirement is no longer going to apply to children aged 8 or younger. Fur-thermore, when the immigration authorities consider whether a child meetsthis requirement, special attention will in future be paid to the situation ofthe parent in Denmark in terms of employment and Danish language profi-ciency. In the future, greater importance will also be attached to the wil-lingness of the parent in the home country to care for the child.A bill regarding a revision of the rules regarding the family reunificationwith children is expected to be presented in the Danish Parliament duringthe present sitting.7

Question 4: Eligible family members – other familyCurrent rules in the Danish Aliens ActSpousal reunification is regulated in Section 9 (1) (i) of the Danish AliensAct.Family reunification with children under the age of 15 is regulated in Sec-tion 9 (1) (ii) of the Danish Aliens Act. Residence permits for children forthe purpose of adoption, foster family relationship etc. is regulated in Sec-tion 9 (1) (iii) of the Danish Aliens Act.Other family members – e.g. children over 15 years of age or parentswhose adult children live in Denmark – can apply for family reunificationwith a person residing in Denmark under Section 9 c (1) of the DanishAliens Act. According to Section 9 c (1), a residence permit can only begranted if special reasons, such as considerations for the unity of the fam-ily, apply.Question 5: Integration measuresCurrent rules in the Danish Aliens ActAttachment requirementIt is, as a general rule, a condition for obtaining spousal reunification thatthe spouses combined have significantly greater ties to Denmark than toany other country, cf. Section 9 (7) of the Danish Aliens Act.However, this so-called attachment requirement does not apply if thespouse in Denmark has held Danish citizenship for more than 28 years.Nor does the requirement apply if the spouse in Denmark was either bornor raised in Denmark or has lived in Denmark since early childhood andhas resided legally in Denmark for more than 28 years.The purpose of this requirement is to further integration. This is stated inthe explanatory notes to the relevant bill (Bill No 208 of 29 February 2000,which contained the proposal for the original attachment requirementwhich entered into force in June 2000 and which has subsequently beenamended).

Self-support requirementIt is, as a general rule, a condition for obtaining spousal reunification thatthe spouse in Denmark is able to support him/herself. This means that thespouse in Denmark may not have received public support under the termsof the Active Social Policy Act or the Integration Act for the past threeyears.Moreover, it is a condition for spousal reunification that neither of thespouses receives any public support under the terms of the Active SocialPolicy Act or the Integration Act until a permanent residence permit is is-sued to the foreign spouse, cf. Section 9 (5) of the Danish Aliens Act.The purpose of this self-support requirement is inter alia to enhance integra-tion. It is stated in the explanatory notes to Bill No 152 of 28 February2002 that a person living in Denmark will generally have the best possi-bilities of making a positive contribution to the integration of his/her for-eign spouse into the Danish society and the Danish labour market, ifhe/she has work him/herself and has had so for a period of time. The pur-pose of the self-support requirement is also stated in the explanatory notesto Bill No 17 of 4 October 2006.If special reasons apply, a child’s residence permit can be made contingentupon the parent in Denmark documenting that he/she can supporthim/herself. This requirement will be met if the parent in Denmark doesnot receive public support under the terms of the Active Social Policy Actor the Integration Act until the time when child is granted a permanentresidence permit, cf. Section 9(16) of the Danish Aliens Act.The collateralIn order for a third country national to be granted a resident permit on thebasis of spousal reunification, the spouse in Denmark must postDKK 100,000 (July 2011 level) in collateral in the form of a bank guaran-tee, cf. Section 9 (4) of the Danish Aliens Act.This guarantee is designed to cover any future public support paid to theforeign spouse by his/her municipality under the terms of the Active SocialPolicy Act or the Integration Act after he/she relocates to Denmark.In order to meet this collateral requirement, a Danish financial institutionmust issue a guarantee, known as a demand guarantee.

Accommodation requirementIt is in general a condition for obtaining spousal reunification that thespouse in Denmark documents that he/she has accommodation of an ade-quate size at his/her disposal, cf. Section 9 (6) of the Danish Aliens Act.The purpose of this accommodation requirement is to ensure a good startingpoint for a successful integration of the family member wanting to be re-united with their family in Denmark and of those family members alreadyresiding in Denmark.Furthermore, this requirement serves to ensure that a family reunion can beimplemented on a secure residential basis and to avoid that people who re-sides in Denmark gets social housing problems. This is stated in the ex-planatory notes to the relevant bill (Bill No 208 of 29 February 2000).If special reasons apply, a child's residence permit can be made contingentupon the parent in Denmark documenting that he/she has adequate ac-commodation at his/her disposal, cf. Section 9 (16) of the Danish AliensAct.Immigration testA third country national who applies for spousal reunification must nor-mally pass an immigration test in order to be granted spousal reunification,cf. Section 9(2) of the Danish Aliens Act.The immigration test is an oral test consisting of two parts: a language testtesting the applicant’s Danish language skills and a knowledge test testingthe applicant’s knowledge about Denmark and Danish society.Declaration of active participationAccording to Section 9 (2) of the Danish Aliens Act it is a condition forspousal reunification that the applicant and spouse in Denmark both sign adeclaration stating that they will, to the best of their ability, both make ac-tive efforts to ensure that the foreign spouse and any accompanying chil-dren will acquire Danish language skills and integrate into Danish society.DispensationOne or more of the above mentioned requirements can be suspended ifspecial reasons apply. This could be the case, if the spouse in Denmark:is a refugee or has protected status and still risks persecution inhis/her country of origin.10

The immigration authorities will in the process of handling an applicationfor family reunification assess whether or not one or more of the condi-tions can be suspended.Planned revision of the current rulesIt is stated in the Government Platform from October 2011 that the Gov-ernment inter alia things wants to change the current rules regardingspousal reunification.The Government wants to change the attachment requirement to the defini-tion it had before Act No 601 of 14 June 2011 entered into force, changethe 28-year rule, which dispenses from the attachment requirement, to a26-year rule, lower the amount that the spouse in Denmark has to post ascollateral from DKK 100.000 to DKK 50.000, and abolish the immigrationtest.It is also stated in the Government Platform that migrants, who has beenissued with a residence permit based on family reunification, should re-ceive Danish language tuition as soon as they move to Denmark and thatthey should pass a Danish language test.Effects of the rulesA report published by the previous Ministry for Refugee, Immigration andIntegration Affairs in August 20112shows that Danish language skills areconsidered essential for a person to be able to relate to politics and theDanish society in general.The report also shows that mastering the Danish language indirectly fur-thers participation in the society through employment, and that the chanceof getting a better position and higher income is improved by betterknowledge of the Danish language.

Question 6: Waiting periodDenmark does not apply any waiting period.Question 7: Duration of the residence permitCurrent rules in the Danish Aliens ActPeriod of validity of residence permits to a spouse/partnerIn order for a third country national to be granted a residence permit ongrounds of family reunification the spouse living in Denmark must eitherbe a Danish national, a national of one of the other Nordic countries, holda Danish residence permit granted on the grounds of asylum or subsidiaryprotection or have held a permanent Danish residence permit for the pastthree years or more, cf. Section 9 (1) (i) of the Danish Aliens Act.A time-limited residence permit based on spousal reunification is issuedfor up to two years at a time, and after four years for up to four years at atime, and after eight years for up to eight years at a time, cf. Section 25 (2)of the Danish Aliens Order.Period of validity of residence permits to family reunited childrenIn order for a child to be granted family reunification with a parent inDenmark, the parent in Denmark must either be a Danish national, a na-tional of one of the other Nordic countries, hold a residence permit inDenmark as a refugee or with protected status, hold a permanent residencein Denmark, or hold a temporary residence permit in Denmark, which canbe made permanent, cf. Section 9 (1) (ii) of the Danish Aliens Act.A time-limited residence permit under section 9(1) (ii) of the DanishAliens Act for children under the age of 18 is issued until the child’s 18thbirthday, but only until expiry of the period for which one of or both thepersons having custody of it hold a residence permit for Denmark, cf. Sec-tion 25 (3) of the Danish Aliens Order.Questions 8 and 9: Refugees and beneficiaries of subsidiary protectionCurrent rules in the Danish Aliens ActIf the spouse in Denmark holds a residence permit as a refugee or withsubsidiary protection (Section 7 or 8 of the Danish Aliens Act) the immi-gration authorities may defer one or more requirements for spousal reuni-fication.12

The conditions for spousal reunification are deferred if the spouse in Den-mark cannot be referred to exercise his/her family life in the applicant'scountry of origin or country of residence. This may e.g. be the case if thespouse in Denmark has applied for spousal reunification with his/herspouse in the country of origin immediately after being granted a residencepermit as a refugee or with subsidiary protection.This may also be the case if the spouse in Denmark has been granted aresidence permit as a refugee or with protected status and subsequently tohis/her entry into Denmark gets married and does not have the possibilityto exercise his/her family life with the applicant in the country of originbecause the spouse in Denmark risks persecution, death penalty or beingsubjected to torture or inhuman or degrading treatment or punishment.It should be noted though, that the mere fact, that the spouse in Denmarkhas been granted a residence permit as a refugee or with subsidiary protec-tion does not in itself lead to the deferral of the requirements for spousalreunification. The immigration authorities will in these cases re-examinewhether the spouse in Denmark has the possibility to exercise his/her fam-ily life with the applicant in the country of origin or if he/she will still riskpersecution, death penalty or being subjected to torture or inhuman or de-grading treatment or punishment if he/she should return to his/her countryof origin.Question 10: FraudCurrent rules in the Danish Aliens ActAccording to Section 40 (1) of the Danish Aliens Act a foreigner shallprovide such information as is required for deciding whether a permit pur-suant to the Danish Aliens Act can be issued.Upon receipt of an application for family reunification the Danish immi-gration authorities assesses in each case whether the applicant and the hostliving in Denmark has provided accurate and complete information for theprocessing of the application. If the authorities find that incorrect informa-tion of relevance to the processing has deliberately been submitted, the au-thorities will, as a general rule, file a police report for violation of Section161 of the Danish Penal Code.

For the examination of an application for a family reunification permit, theimmigration authorities may require the applicant and the person withwhom the applicant states to be related as a basis for the application, toparticipate in a DNA examination with a view to determining the familytie, if such tie cannot otherwise be sufficiently evidenced, cf. Section 40 cof the Danish Aliens Act.When processing applications for family reunification the immigration au-thorities can also decide to request an age test. A request regarding an agetest is relevant if doubt arises as to whether a child’s correct age has beengiven.If the DNA test and/or the age test leads to the conclusion that the familyties are not considered proven, or that the child is found to not meet theage limit as described above under Q3, the application will be refused asnot meeting the requirements for family reunification. Thus, in these casesthe refusal will not be given with reference to the fraud.Evidence of the problem with fraudFraud in relation to family reunification under the Danish legislationAs mentioned above fraudulent behaviour in connection to an applicationfor family reunification will lead to the filing of a police report and a re-fusal on the basis of the applicant not qualifying for family reunification –and not with reference to the fraud in itself.Hence, it is not possible to produce reliable statistics on the size of thisproblem.Fraud in relation to family reunification under the Free Movement Direc-tive (2004/38/EC)Information about fraud and abuse in connection to applications for familyreunification under the Free Movement Directive (2004/38/EC) has onlybeen registered in Denmark since 2008, causing an insufficient amount ofdata to draw any general and reliable conclusions concerning problemswith fraud and abuse in relation to family reunification according to EUlegislation.In the following paragraphs, please note that Denmark makes a distinctionbetween primary and secondary right of free movement. The primary rightof free movement relates to an EU citizen and his family members’ right to14

free movement in Denmark. (These cases are handled by the RegionalState Administration.) The secondary right of free movement refers to thesituation, where a Danish citizen, who has exercised his right of freemovement in another EU/EEA member state or Switzerland, can be eligi-ble for family reunification in Denmark under EU law with his accompa-nying non-Danish family members. (These cases are handled by the Dan-ish Immigration Service.)Concerning fraud in regard to the primary right of free movement it isnoted that information on e.g. a marriage between an EU citizen from oneof the "new" Member States and e.g. a Nigerian national shortly prior tothe expiry of the latter’s residence permit, can give reason to suspect fraudand lead to further investigations.As regards the secondary right of free movement no general informationabout fraud and abuse can be derived. However, it should be noted thatmany applications are refused with reference to the fact that the Danishcitizen has not been able to demonstrate genuine and effective residence inanother Member State. This is generally not considered fraud or abuse, asit is often due to a lack of documentation, which can be rectified by thesubmission of appropriate documentation at a later stage or in connectionwith a new application. Such cases are therefore not included in statementsof cases with fraud and abuse.Concerning abuse in terms of document fraud, both actual false documentsand authentic documents based on fraudulent information is seen. In par-ticular the latter is difficult to detect.In 2009 and 2011 respectively the Danish immigration authorities con-ducted a qualitative study on fraud and abuse in cases regarding family re-unification in accordance with the EU legislation on the right of freemovement. The purpose of the study was to be better able to tackle fraudand abuse. One result of the study is that it is often difficult to prove sus-pected fraud or abuse, as it is not possible to set clear criteria for assessingwhether a marriage is a sham marriage. Thus, in each case a specific andindividual assessment must be conducted.During 2010 and the first six months of 2011 only one application for resi-dence permit in accordance with the EU legislation on the right of freemovement (primary right of free movement) was refused on grounds offraud. This was due to document fraud.15

Typically these cases have concerned so-called “look-a-likes”, where athird country citizen has presented a genuine personal identification docu-ment of an EU-citizen, who resembles the applicant or by exchanging thephoto in the passport. Under the secondary right to free movement no de-cision to deny right of entry or residence on the grounds of document fraudhas been registered in 2010 and the first six months of 2011.Question 11: Marriages of convenienceCurrent rules in the Danish Aliens ActAccording to Section 9 (9) of the Danish Aliens Act a residence permitbased on spousal reunification cannot be issued if there are definite rea-sons for assuming that the decisive purpose of contracting the marriage orestablishing the cohabitation is to obtain a residence permit (sham mar-riage).When assessing if a marriage is a sham marriage the following six indica-tors are considered:a. The spouses have not lived together at the same address.b. The spouses cannot communicate in the same language.c. A big age difference.d. The degree of personal knowledge of the other spouse.e. The prior marriages of the spouses (if any).f. Unusual travel patterns.Other indicators that the marriage is not genuine can also be considered.Detection of abuse in the form of relationships of convenience is based oncompliance of at least three of the six indicators listed above.If the immigrations authorities suspect a sham marriage interviews will beconducted with the spouses in order to assess if the spouses have the levelof personal knowledge of each other that is to be expected (indicator d).The spouses’ prior marriages (indicator e) can be of relevance if the spouseliving in Denmark has previously been married to a third country nationaland was divorced from this person soon after he/she was granted a perma-nent residence permit.

If the immigration authorities suspect a sham marriage, but do not havesufficient grounds to refuse the application for family reunification, theimmigration authorities can request the police to control whether thespouses are actually living together. This control will take place some timeafter the granting of the residence permit and if it shows that the spousesdo not share a household the immigration authorities can consider to re-voke the residence permit. If the residence permit is revoked it will be withreference to the lack of cohabitation, not that the marriage is considered asham marriage.Evidence of the problem with fraudFraud in relation to family reunification under the Danish legislationThe Danish immigration authorities do not have complete information onthe size of the problem with sham marriages. It is generally considered thatthere is a considerable amount of cases, which are not known to the au-thorities, as the people involved will try to deflect from any indication of asham marriage.During 2008-2011 the Danish Immigration Service has rejected a total of96 cases with reference to the fact that there were reasons to consider thatthe decisive purpose of contracting the marriage or establishing the cohabi-tation is to obtain a residence permit.The numbers below indicate an increase of cases in 2009 and 2010, whichis due to an increased focus on this problem and increased efforts to iden-tify the cases and organise the interviews.The refusals are divided over the three years as follows:Year200820092010No. of refusals according to Section 9 (9) of the Danish Aliens Act.5 (out of a total of 842 refusals for family reunification with aspouse/partner)31 (out of a total of 1733 refusals for family reunification with aspouse/partner)60 (out of a total of 1863 refusals for family reunification with aspouse/partner)

Fraud in relation to family reunification under the Free Movement Direc-tive (2004/38/EC)As mentioned, the Danish immigration authorities in 2009 and 2011 re-spectively conducted a qualitative study on fraud and abuse in cases re-garding family reunification in accordance with the EU legislation on theright of free movement. The purpose of the study was to be better able totackle fraud and abuse. One result of the study is that it can often be diffi-cult to prove suspected fraud or abuse, as it is not possible to set clear cri-teria, which can be used to assess whether there is a sham marriage. Thus,in each case a specific and individual assessment must be conducted.In 2010 and the first six months of 2011eight cases were registered as re-fusals on the grounds that the marriage was considered a sham marriage.With such a small amount – where the cases are also different – it is notpossible to deduce any general trends.Question 12: FeesCurrent rules in the Danish Aliens ActAccording to Section 9 h of the Danish Aliens Act a processing fee will asa general rule be charged when a third country national applies for familyreunification.The fee will be deferred if such a requirement could interfere with Den-mark's international obligations or EU regulation.Planned revision of the current rulesIt is stated in the Government Platform from October 2011 that the Gov-ernment inter alia wants to abolish the fees regarding family reunification.The application fees for residence permits for family members of a foreignnational who is to work or study in Denmark are not part of the plannedrevision but are currently maintained as fees equivalent to the administra-tive expenses for processing the applications.

Question 13: Length of procedureCurrent processing times for applications for family reunification (servicegoals)For the most common types of applications the immigration authoritieshave maximum time limits for how long applicants should expect to haveto wait for a decision (service goals). The stated maximum processing timeis calculated from the date when the immigration authorities receive a fullycompleted application. An application is considered fully completed ifit contains all required information, has been signed correctly and includesthe required documentation.Simple applications are expected to be processed within a maximum ofthree months. An application is considered simple if it appears that thenormal conditions for family reunification are met or, conversely, that abasic requirement is not met – for example if the marriage is invalid.Complicated applications are expected to be processed within a maximumof seven months. An application is considered complicated if it requiresfurther investigation in order to ascertain if the normal requirements forfamily reunification are met, or if there is a need to carry out further en-quiries, such as to confirm familial relations or age.Q14: Horizontal clausesCurrent rules in the Danish Aliens ActIt is stipulated in Section 9 (19) of the Danish Aliens Act that a child can-not be granted a residence permit on the grounds of family reunification ifit is clearly at odds with the interests of the child.The consideration for the family unity is directly mentioned in the legisla-tion regarding family reunification in Sections 9 and 9 c (1) of the DanishAliens Act.