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Right of Residence after Divorce in Denmark possible????

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wish_uk
Member of Standing
Posts: 270
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Right of Residence after Divorce in Denmark possible????

Post by wish_uk » Tue Jan 19, 2016 7:00 pm

Note: I am writing this post on the behalf of my friend.

I am non eu citizen married to eu citizen in Pakistan and came to Denmark on visit visa and got Residence Card for family member of Eu citizen for five years.
but then my husband divorce me and my residence card got cancelled.

we were remained married for 3 years (less than 10 days) in total
also lived together in Denmark for 15 months.

I am a women and I dont know if I can get another Residence Card on the basis of previouse marriage (like ROR in uk)

thanks for help
married Aug 2014

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Right of Residence after Divorce in Denmark possible????

Post by noajthan » Tue Jan 19, 2016 7:10 pm

wish_uk wrote:Note: I am writing this post on the behalf of my friend.

I am non eu citizen married to eu citizen in Pakistan and came to Denmark on visit visa and got Residence Card for family member of Eu citizen for five years.
but then my husband divorce me and my residence card got cancelled.

we were remained married for 3 years (less than 10 days) in total
also lived together in Denmark for 15 months.

I am a women and I dont know if I can get another Residence Card on the basis of previouse marriage (like ROR in uk)

thanks for help
Start here:
https://www.nyidanmark.dk/en-us/coming_ ... nation.htm
- cases related to DV (or death) seem to be options

In principle RoR exists EU-wide, as per:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- ref page 25
All that is gold does not glitter; Not all those who wander are lost. E&OE.

wish_uk
Member of Standing
Posts: 270
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: Right of Residence after Divorce in Denmark possible????

Post by wish_uk » Tue Jan 19, 2016 7:16 pm

noajthan wrote:
wish_uk wrote:Note: I am writing this post on the behalf of my friend.

I am non eu citizen married to eu citizen in Pakistan and came to Denmark on visit visa and got Residence Card for family member of Eu citizen for five years.
but then my husband divorce me and my residence card got cancelled.

we were remained married for 3 years (less than 10 days) in total
also lived together in Denmark for 15 months.

I am a women and I dont know if I can get another Residence Card on the basis of previouse marriage (like ROR in uk)

thanks for help
Start here:
https://www.nyidanmark.dk/en-us/coming_ ... nation.htm
- cases related to DV (or death) seem to be options

In principle RoR exists EU-wide, as per:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf
- ref page 25
thanks for reply,
I will be very thankful if you can guide me in few simple steps

thanking you in anticipation
married Aug 2014

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Right of Residence after Divorce in Denmark possible????

Post by noajthan » Tue Jan 19, 2016 10:32 pm

wish_uk wrote:thanks for reply,
I will be very thankful if you can guide me in few simple steps

thanking you in anticipation
Marriage for less than 3 years is probably a deal breaker for friend's scenario.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right of Residence after Divorce in Denmark possible????

Post by secret.simon » Sat Jan 30, 2016 8:41 am

wish_uk wrote:we were remained married for 3 years (less than 10 days) in total
Was the period between the date on the marriage certificate and the date on the decree absolute more or less than three years?

EU law does not have the concept of discretion which exists in UK law. If the difference is ten days less than three years, the RoR will be refused.

However, Denmark does seem to have more relaxed rules regarding RoR as suggested by the link posted by noajthan.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

wish_uk
Member of Standing
Posts: 270
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: Right of Residence after Divorce in Denmark possible????

Post by wish_uk » Sat Jan 30, 2016 10:51 am

secret.simon wrote:
wish_uk wrote:we were remained married for 3 years (less than 10 days) in total
Was the period between the date on the marriage certificate and the date on the decree absolute more or less than three years?

EU law does not have the concept of discretion which exists in UK law. If the difference is ten days less than three years, the RoR will be refused.

However, Denmark does seem to have more relaxed rules regarding RoR as suggested by the link posted by noajthan.
well
yes difference is 10 days
secondly this website states the period should be two years(if I am not wrong)


thanks for reply
married Aug 2014

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