You’re married to an EU/EEA citizen who is a member of staff in Denmark under EU legislation

It is possible to submit an application for equal status with Danish citizens if you should be hitched to an EU/EEA citizen that is an employee in Denmark under EU legislation

If you’d like to make an application for equal status with Danish citizens in accordance with this guideline, you need to fulfill both of these conditions:

  1. You truly must be married to an EU/EEA resident.
  2. Your partner should be or has retained his/her status as a member of staff or perhaps a person that is self-employed 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 you lose the proper to SU if:

  • You receive a divorce proceedings from your own partner
  • Your partner loses his/her status as an employee or a self-employed individual in Denmark under EU legislation

Please be aware, that with the phrasing “worker or person that is self-employed we mean people, whom based on EU legislation may be thought to be employees. Read more about a member of staff or a person that is self-employed Denmark under EU legislation.

Just how to use

You can be granted equal status according to EU law, we use the information which is evident from the documentation you enclose with the information form for foreign citizens when we assess whether. It is crucial which you enclose all of the paperwork you intend to be a part of our evaluation of one’s application. In addition, we utilize the information that the national register, the Danish Immigration provider, the State management and also the Danish Tax Agency (Skattestyrelsen) have registered in regards to you along with 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. If you were to think that the information and knowledge that your Danish Immigration provider or perhaps the State management has registered is wrong or insufficient, you need to contact the Danish Immigration provider. You must contact Skattestyrelsen if you think that the information which the Danish Tax Agency (Skattestyrelsen) has registered is incorrect or inadequate.

Ongoing monitoring

We monitor for an ongoing foundation that your partner continues to meet up the conditions for having status as an employee or even a self-employed individual in Denmark under EU legislation. The monitoring is, to some extent, carried out based on the information the boss states into the Danish Tax Agency (Skattestyrelsen) regarding the spouse’s income and performing hours, in addition to information through the nationwide register about 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. Consequently, when you yourself have gotten SU for a period of time where we later realize that your partner could never be seen as a worker under EU legislation, you have to pay off this SU.

You may be the partner of a 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 need to report that your partner with Danish citizenship has exercised his/her straight to free motion across nationwide boundaries in accordance with EU law and therefore he/she has received a real and effective residence an additional EU/EEA country or Switzerland or perhaps in another means could be considered to be a migrant worker based on EU legislation. The paperwork should be submitted to your home of training together with the given information kind for foreign residents.

The documents can contain:

  • Evidence of details abroad, including transcript through the nationwide register that the applicant’s residence happens to be registered in the united kingdom under consideration.
  • Conveyances for home, tenancy agreements or receipts for re payment of lease.
  • Documentation showing your spouse moved from his/her previous residence, including proof that he or she has terminated his/her tenancy contract, offered his/her home or sublet his/her house for the specific duration.
  • Enrolment of kiddies in school, kindergarten, etc.
  • Evidence of a nationwide medical health insurance number or a health insurance that is special.

Please be aware that this isn’t an exhaustive list and that individuals constantly is going to make a tangible assessment of the instance, once we assess your presented documents.

Your better half with Danish citizenship can, as a whole, fulfil the health of having established “a genuine and residence that is effective by for example having resided for an excessive period in a rented flat (with an open-ended tenancy agreement) or perhaps in a dwelling, which she or he has purchased an additional EU/EEA country or Switzerland. The problem is, nevertheless, maybe not satisfied if your better half just has remained for the little while in a rented flat or at a c/o-address with family members or acquaintances.