Executive Order on Aliens' Access to Denmark (Aliens Order) - Legislationline
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O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
Bekendtgørelse nr. 943 af 5. oktober 2005
Executive Order on Aliens’ Access to Denmark (Aliens Order)
Pursuant to sections 5(2), 12, 13(2), 14(2), printed partly on and partly outside the
15(2), 38(3), (4) and (7), 39(1) to (5), 41, 42(1) photo.
and (3), 46c, 46d, 47(2), 47a and 60(2) of the Al- (vii) The passport must be provided with the
iens Act, cf. Consolidation Act No. 826 of 24 passport holder’s signature or the like.
August 2005, the following is laid down: (viii) The passport must have space for stamps.
(ix) Passports not made out in English, French,
Part 1 Italian, Dutch, Norwegian, Portuguese,
Passports or other travel documents Spanish, Swedish, German, Czech, Estoni-
an, Latvian, Lithuanian, Hungarian, Mal-
1. (1) A passport is valid as a travel document tese, Polish, Slovenian or Slovakian must
for an alien when it satisfies the following condi- include a translation of the entire text into
tions: - at least one of these languages.
(i) The passport must be issued by a compe- (2) Notwithstanding subsection (1) hereof, the
tent authority of the country of which the passport is not valid as a travel document if it is
passport holder is a national and must be stated in the passport or otherwise specified that
provided with a specification of the issuing the passport is not valid for return to the country
authority. If the authority is not specified of issue.
on a laminated page, such specification (3) Notwithstanding subsections (1) and (2)
must be provided by the stamp or seal of hereof, a passport issued to a national of a coun-
the authority. Any corrections of the text try which has acceded to the European Union or
must be carried out by a competent author- is comprised by the Agreement on the European
ity. Economic Area is valid as a travel document for
(ii) The passport must provide information on the alien.
its period of validity. (4) A passport issued to spouses is valid as a
(iii) The passport must be valid for travelling to travel document when it satisfies the require-
Denmark. ments of subsections (1) and (2) or (3) hereof.
(iv) The passport may only be in the name of a (5) A passport in which a child under the age
single person, but cf. subsections (4) and of 16 specified by its full name, sex and date of
(5) hereof. birth has been included by a competent foreign
(v) The passport must specify the passport authority is valid as a travel document for the
holder’s full name, date of birth, place of child when the child is accompanied by the adult
birth, nationality and sex. passport holder and when the passport satisfies
(vi) The passport must include a lifelike photo the requirements of subsections (1) and (2) or (3)
of the passport holder. If the photo page is hereof.
not laminated, the photo must be provided
with the stamp or seal of the issuing author- 2. A document of identification made out by a
ity in such manner that it is impressed or competent Danish or foreign authority to a per-
BC000363
Min. for Flygtninge, Indvandrere og Integration, j.nr.
Schultz GrafiskO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
2
son who is a national of another country or is European Economic Area is valid as a travel
state-less (alien’s passport or refugee travel doc- document for such aliens.
ument) is valid as a travel document for such al-
ien when it otherwise satisfies the requirements 4. (1) In connection with a decision whether to
referred to in section 1 of this Order, except for refuse entry to an alien pursuant to section
the requirement to specify nationality, cf. section 28(1)(ii) or section 28(2) or (3), cf. section
1(1)(v) of this Order. 28(1)(ii), of the Aliens Act, the relevant chief
constable or the Commissioner of the Copenha-
3. (1) A collective document of identification gen Police shall decide whether the alien’s pass-
(joint passport, collective passport) is valid as a port or other travel document satisfies the condi-
travel document for a group of aliens who enter tions of sections 1 to 3 of this Order, cf. section
with a group leader for a joint short-term stay in 48 of the Aliens Act.
Denmark when the group leader is in possession (2) The National Commissioner of Police shall
of his own passport or document of identifica- examine what passports and other travel docu-
tion, cf. section 1 or 2 of this Order, and each ments satisfy the conditions of sections 1 to 3 of
group member is in possession of a document of this Order. The result of such examination must
identification issued by a public authority. be passed on to the Ministry of Refugee, Immi-
(2) To be valid, the collective passport: - gration and Integration Affairs, the Danish Im-
(i) must be issued by a competent authority of migration Service, the chief constables, the
the country of which the passport holders Commissioner of the Copenhagen Police, the
are nationals and must be provided with a Ministry of Foreign Affairs and the Council of
specification of the issuing authority. If the the European Union.
authority is not specified on a laminated (3) The Minister of Refugee, Immigration and
page, such specification must be provided Integration Affairs shall decide to what extent
by the stamp or seal of the authority. Any passports and other travel documents, including
corrections of the text must be carried out identity cards that do not satisfy the conditions of
by a competent authority; sections 1 to 3 of this Order may be valid as trav-
(ii) must provide information on its period of el documents. Information on the provisions
validity; made under the first sentence hereof must be
(iii) must be valid for travelling to Denmark; passed on to the Danish Immigration Service, the
(iv) may only comprise persons who are nation- chief constables, the Commissioner of the Co-
als of the country of issue and who, unless penhagen Police, the Ministry of Foreign Af-
otherwise permitted in special cases by the fairs, the Council of the European Union and the
Danish Immigration Service, may enter National Commissioner of Police.
Denmark on an individual passport without (4) The Minister of Refugee, Immigration and
a visa; Integration Affairs shall publish information on
(v) must comprise not less than five and not the provisions made under subsection (3) hereof
more than 50 persons; in the Danish Official Gazette. A list of the pro-
(vi) must specify each group member’s full visions made must be published once a year as at
name, date of birth, place of birth, national- 1 January in the same medium.
ity and sex; and
(vii) must specify the group leader’s name and 5. (1) Under section 39(4), first sentence, cf.
the number and date of issue of his pass- section 39(1), of the Aliens Act, nationals of an-
port. other Nordic country are exempt from being in
(3) Notwithstanding subsection (2) hereof, the possession of a passport or other travel docu-
collective passport is not valid as a travel docu- ment on entry into Denmark from another Nor-
ment if it is stated in the passport or otherwise dic country, during stays in Denmark and on de-
stated that the passport is not valid for return to parture from Denmark to another Nordic coun-
the country of issue. try.
(4) Notwithstanding subsections (2) and (3) (2) Under section 39(4), second sentence, of
hereof, a collective passport issued to nationals the Aliens Act, the Minister of Refugee, Immi-
of a country which has acceded to the European gration and Integration Affairs shall decide what
Union or is comprised by the Agreement on the other groups of aliens are exempt from being inO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
3
possession of a passport or other travel docu- (iv) a residence permit under section 9c of the
ment on entry and stay in Denmark and on de- Aliens Act when the permit has been issued
parture from Denmark. to an alien who has submitted an applica-
(3) When humanitarian considerations, con- tion for a residence permit under section 7
siderations of national interests or international of the Aliens Act; or
obligations make it appropriate, the Danish Im- (v) a residence permit under section 9e of the
migration Service or the police may permit an al- Aliens Act.
ien to enter and stay in Denmark without being (4) Upon application, a refugee travel docu-
in possession of a passport or other travel docu- ment and an alien’s passport may be issued to an
ment, but cf. section 49(2) of this Order. alien not falling within subsections (1) to (3)
(4) The Minister of Refugee, Immigration and hereof when particular reasons make it appropri-
Integration Affairs shall publish information on ate.
the provisions made under subsection (2) hereof (5) Issue of refugee travel documents and al-
in the Danish Official Gazette. A list of the pro- ien’s passports may be refused when deemed
visions made must be published once a year as at necessary for security reasons.
1 January in the same medium. 7. (1) The Danish Immigration Service issues
(5) The Danish Immigration Service shall pro- refugee travel documents and alien’s passports.
vide information on the permits granted under (2) Where a travel document under section
subsection (3) hereof to the other Schengen 6(1) to (3) of this Order is issued to an alien who
countries. is above the age of 18 and who holds a perma-
6. (1) A refugee travel document is issued nent residence permit, the period of validity is
upon application in accordance with the rules of fixed at ten years. For other aliens who are above
the Convention relating to the Status of Refugees the age of 18, the period of validity for travel
(28 July 1951) to an alien holding a residence documents under section 6(1) to (3) of this Order
permit under section 7(1) or section 8(1) of the is fixed at five years. For aliens who are between
Aliens Act. the ages of 2 and 18, the period of validity for
(2) An alien’s passport is issued upon applica- travel documents under section 6(1) to (3) of this
tion to: - Order is fixed at five years. For aliens who are
(i) an alien issued with a residence permit un- under the age of 2, the period of validity for trav-
der section 7(2) of the Aliens Act; el documents under section 6(1) to (3) of this Or-
der is fixed at two years. The period of validity
(ii) an alien issued with a residence permit un-
under the second to fourth sentences hereof is
der section 8(2) or (3) of the Aliens Act;
fixed so that it expires not more than six months
(iii) an under-age child issued with a residence after expiry of the residence permit, or, in case of
permit under section 9c(3) of the Aliens aliens not issued with a residence permit, cf. sec-
Act; or tion 6(4) of this Order, so that it expires not later
(iv) an under-age child issued with a residence than on the date when the purpose for which is
permit under section 9(1)(ii) of the Aliens was issued has been accomplished. Where par-
Act if the child’s parents hold a residence ticular reasons make it appropriate, a shorter pe-
permit under section 7 or 8 of the Aliens riod of validity may be fixed than stated in the
Act. first to fifth sentences hereof.
(3) An alien’s passport is issued upon applica- (3) It must be made a condition for issue under
tion to an alien who is unable to procure a pass- section 6(1) or (2) of this Order that the alien’s
port or other travel document, provided the alien passport or travel document is surrendered to the
has been issued with: - Danish Immigration Service. Travel documents
(i) a permanent residence permit under sec- issued under section 6(2)(iv) or (3) of this Order
tions 9 to 9f of the Aliens Act; may be revoked if the alien is issued with a na-
(ii) a time-limited residence permit with a pos- tional passport.
sibility of permanent residence under sec- (4) A refugee travel document and an alien’s
tions 9 to 9f of the Aliens Act; passport issued to an alien holding a time-limited
(iii) a residence permit under section 9b of the residence permit under section 7 or 8(1) or (2) of
Aliens Act; the Aliens Act must be provided with an en-O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
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dorsement stating that it is not valid for travel- (8) The period of validity for travel documents
ling to the country or countries in which, as de- issued under section 6(1) to (4) of this Order may
termined by the authority issuing the residence be extended upon application. Subsections (2)
permit, the alien risks persecution falling within and (7) hereof apply correspondingly.
section 7 of the Aliens Act. (9) Otherwise, the rules on issue of passports
(5) Any endorsement under subsection (4) to Danish nationals apply correspondingly.
hereof is cancelled when the alien is issued with 7a. (1) The person or persons having custody
a permanent residence permit. Any endorsement of a child under the age of 15 with its own pass-
under subsection (4) hereof is furthermore can- port, its own refugee travel document or its own
celled when the alien applies for it to the Danish alien’s passport may demand that such child be
Immigration Service. Cancellation under the deleted from other persons’ refugee travel docu-
second sentence hereof of an endorsement under ments or alien’s passports.
subsection (4) hereof may only be effected if the
(2) The police shall make any decisions under
application provides information on: -
subsection (1) hereof.
(i) details of the purpose of the cancellation of (3) A request for deletion must be submitted in
the endorsement under subsection (4) here- writing to the police at the place where the per-
of; son or persons having custody of the child live or
(ii) whether the alien finds that he can enter and reside.
stay in the country or countries referred to (4) If the person or persons requesting deletion
in subsection (4) hereof without any prob- live or reside abroad, the request for deletion
lems and, if so, the reason therefore; and may be submitted to the National Commissioner
(iii) the date of the departure to the country or of Police through a Danish mission in the coun-
countries referred to in subsection (4) here- try in which the person or persons requesting de-
of and the expected date of the alien’s re- letion live or reside or, if there is no Danish mis-
turn to Denmark. sion in the country in which the person or per-
(6) Where an endorsement is cancelled under sons live or reside, through the relevant local
subsection (5), second sentence, hereof and Danish mission.
where the alien returns to Denmark after having (5) The refugee travel document or alien’s
departed to the country or countries referred to in passport in respect of which deletion of the child
subsection (4) hereof, the alien’s refugee travel is requested may be temporarily seized for the
document or alien’s passport must be forwarded purpose of the deletion.
to the Danish Immigration Service and provided (6) A decision on deletion cannot be appealed
with a new endorsement under subsection (4) to any other administrative authority.
hereof unless the alien’s residence permit is re-
voked, cf. section 19(1)(i) of the Aliens Act. Part 2
Where an endorsement is cancelled under sub- Entry and departure checks
section (5), second sentence, hereof, but where
the alien does not depart to the country or coun- 8. Entry from and departure to another Schen-
tries referred to in subsection (4) hereof, the al- gen country is made without any entry and de-
ien’s refugee travel document or alien’s passport parture checks, but cf. section 11 of this Order.
must be forwarded to the Danish Immigration Where temporary checks have exceptionally
Service and provided with a new endorsement been introduced at the border of another Schen-
under subsection (4) hereof. gen country pursuant to Article 2(2) of the
Schengen Convention, entry from and departure
(7) An application for a refugee travel docu-
to such country must be made in accordance with
ment and an alien’s passport must be submitted
the check measures laid down in that connection,
to the Danish Immigration Service. If the appli-
cf. section 9 of this Order.
cant lives or resides outside Copenhagen Munic-
ipality, Frederiksberg Municipality or Copenha- 9. (1) Entry from and departure to a country
gen County, the application may also be submit- which has not acceded to the Schengen Conven-
ted to the Danish Immigration Service through tion may only, unless otherwise laid down pursu-
the police at the place where the applicant lives ant to Article 3(1), second sentence, of the
or resides. Schengen Convention, be effected at the borderO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
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crossing points (ports and airports) approved for 10. (1) Captains of aircraft arriving from or de-
such purpose by the Minister of Refugee, Immi- parting to a country which has not acceded to the
gration and Integration Affairs pursuant to sec- Schengen Convention shall ensure: -
tion 38(3) of the Aliens Act, and only within (i) that foreign crew members and any foreign
their opening hours, but cf. section 11 of this Or- passengers remain onboard until an entry
der. In very special cases, as further provided for check can be carried out, cf. subsections (2)
by the National Commissioner of Police, the po- to (4) hereof; and
lice may permit entry and departure at places (ii) that the aircraft does not depart until a de-
other than the border crossing points referred to parture check of foreign crew members and
in the first sentence hereof. any foreign passengers has been carried
(2) Upon entry from and departure to a country out, cf. subsections (2) to (4) hereof.
which has not acceded to the Schengen Conven-
(2) Airline companies of aircraft, cf. subsec-
tion, aliens shall report for an entry or departure
tion (1) hereof, which carry passengers on sched-
check, but cf. section 11 of this Order. The
checks are carried out by the police, as further uled flights to airports with no permanent police
provided for by the National Commissioner of service require a disembarkation permit to be is-
Police. sued by the Minister of Refugee, Immigration
and Integration Affairs. Aircraft captains shall
(3) Aliens entering from or departing to a
observe the provisions laid down in the disem-
country which has not acceded to the Schengen
barkation permit on reporting of crew members
Convention shall give the police the information
necessary for the police to carry out the entry or and passengers as well as other conditions in
departure check. connection with entry and departure checks.
(4) In connection with entry and departure (3) Captains of aircraft, cf. subsection (1) here-
checks, the police may stamp an alien’s passport of, that arrive in or depart from an airport on un-
or other travel document. The National Commis- scheduled flights shall notify the airport of the
sioner of Police lays down further provisions time of arrival or departure of the aircraft before
thereon. arrival or departure and of the number of crew
(5) In connection with entry checks, the police members and passengers so that the airport can
may copy or take photos of an alien’s passport or pass on the information to the police for the pur-
other travel document or otherwise secure infor- pose of planning the entry and departure checks.
mation in such documents for the purpose of (4) At the request of the police, aircraft cap-
checking the alien’s travel document and identi- tains shall surrender a copy of the passenger list
ty. and the crew list. The police may further order
(6) In connection with entry and departure aircraft captains, cf. subsection (1) hereof, to
checks, the police shall check whether an alien send a list of crew members and passengers to
holding a time-limited residence permit under the police before the arrival of the aircraft as fur-
section 7 or 8(1) or (2) of the Aliens Act ob- ther provided for by the National Commissioner
serves a travel restriction imposed by endorse- of Police. The list must provide information on
ment under section 7(4) of this Order. The first names (surname, first name(s)), dates of birth
sentence hereof does not apply if the other entry (date, month, year), nationalities and travel doc-
and departure checks are disproportionately dis- uments (including type and number of passport
turbed thereby. The police shall report non- or other travel document). In addition, the police
observance to the Danish Immigration Service. may order aircraft captains, cf. subsection (1)
(7) The Minister of Refugee, Immigration and hereof, before the arrival of the aircraft, to pro-
Integration Affairs shall publish information on vide information on the place of the passengers’
the approvals granted pursuant to section 38(3) original boarding, on the border crossing point in
of the Aliens Act in the Danish Official Gazette. Denmark, on the identification code of the air-
A list of the approved border crossing points craft and on departure and arrival times of the
(ports and airports) must be published once a aircraft. The information must be provided on a
year as at 1 January in the same medium. Infor- form drafted by the National Commissioner of
mation on the approvals granted under the first Police or otherwise as laid down by the National
sentence hereof must be given to the Council of Commissioner of Police, including by electronic
the European Union. transmission, if relevant.O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
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11. (1) Shipmasters shall ensure: - those referred to in subsection (4), third sen-
(i) that foreign crew members and any foreign tence, hereof shall send a list of the crew mem-
passengers remain onboard until an entry bers and any passengers of the ship to the police,
check can be carried out, cf. subsections (2) as further provided for by the National Commis-
to (8) hereof; and sioner of Police, as far as possible 24 hours be-
(ii) that the ship does not sail until a departure fore calling at a Danish port approved as a border
check of foreign crew members and any crossing point and otherwise promptly after the
foreign passengers has been carried out, cf. expected calling at such Danish port has been de-
subsections (2) to (8) hereof. termined and information on crew members and
(2) Foreign crew members in possession of a any passengers at the time of calling at the port
discharge book, a document of identification is- is available, for the purpose of planning the entry
sued under the ILO Seafarers’ Identity Docu- checks, cf. subsection (8) hereof. The same ap-
ments Convention 185 of 2003 or other valid plies to masters of fishing vessels that do not dai-
travel document may stay in the area near the ly or every few days call at a Danish port ap-
port of call without being subject to entry and de- proved as a border crossing point after having
parture checks as long as the ship remains there, sailed out from a port in Denmark or another
but not for more than three months (right to Schengen country.
shore leave). The police may prohibit certain (7) Shipmasters of pleasure craft calling at a
crew members from leaving the ship. Danish port from a country which has not acced-
(3) The shipmaster shall notify the police ed to the Schengen Convention shall prepare a
when a foreign crew member is to be discharged list of the crew members and any passengers of
or signed on in Denmark or when a foreign crew the craft, cf. subsection (8) hereof. The list must
member has jumped ship or failed to appear on- be surrendered to the harbour master upon call
board. The shipmaster shall also notify the police for passing on to the police, as further provided
of the presence of stowaways onboard. At the re- for by the National Commissioner of Police, for
quest of the police, the shipmaster shall surren- the purpose of planning the entry check.
der a copy of the passenger list and the crew list. (8) Lists of the crew members and any passen-
(4) Shipping companies or shipbrokers of pas- gers of a ship, cf. subsections (6) and (7) hereof,
senger ferries that operate a regular passenger must provide information on the names (sur-
service between Denmark and a country which name, first name(s)), dates of birth (date, month,
has not acceded to the Schengen Convention re- year) and nationalities. The information must be
quire a disembarkation permit to be issued by the provided on the forms issued by the International
Minister of Refugee, Immigration and Integra- Maritime Organisation (IMO) for crew members
tion Affairs. Shipmasters of passenger ferries and passengers (FAL forms Nos. 5 and 6) or oth-
shall observe the provisions laid down in the dis- erwise as laid down by the National Commis-
embarkation permit on the reporting of crew sioner of Police, including by electronic trans-
members and passengers as well as other condi- mission, if relevant.
tions in connection with entry and departure Part 3
checks. The first and second sentences hereof
apply correspondingly to shipping companies or Visas
shipbrokers and shipmasters of cargo vessels ca-
12. (1) Aliens shall have their passport or other
pable of carrying up to twelve passengers and
travel document endorsed (visaed) before entry,
maintaining a regular service between Denmark
unless they are visa exempt, cf. section 13 of this
and a country which has not acceded to the
Order.
Schengen Convention.
(2) A visa is issued with validity for all Schen-
(5) Shipping companies or shipbrokers of gen countries, but cf. section 16 of this Order.
cruise ships carrying passengers require a disem-
barkation permit to be issued by the Minister of 13. (1) The following aliens are visa exempt: -
Refugee, Immigration and Integration Affairs. (i) Nationals of Finland, Iceland, Norway and
Subsection (4), second sentence, hereof applies Sweden, cf. section 1 of the Aliens Act.
correspondingly to shipmasters of cruise ships. (ii) Aliens who are nationals of a country which
(6) Shipmasters of cargo vessels other than is a member of the European Union orO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
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comprised by the Agreement on the Euro- stay in the international transit zone of an
pean Economic Area, cf. section 2 of the airport in a Schengen country during a
Aliens Act. stopover, but not to enter the Schengen
(iii) Aliens who hold a residence permit for an- countries.
other Schengen country and are visa ex-
empt before entry under Article 21 of the 15. (1) A visa valid for all Schengen countries
Schengen Convention. may only be issued if the following conditions
(iv) Aliens who are visa exempt before entry are satisfied: -
under the rules of the European Union. (i) The alien must be in possession of a valid
(v) Aliens who are nationals of a country with passport or other travel document entitling
which Denmark has concluded an agree- the holder to travel to Denmark and the oth-
ment on visa exemption, cf. section 39(2) er Schengen countries. If the passport is
of the Aliens Act. only valid for travelling to one or more of
(vi) Aliens who belong to a special group of al- the Schengen countries, the validity of the
iens who, as provided for by the Minister of visa is restricted to such country or coun-
Refugee, Immigration and Integration Af- tries. The passport may not state or other-
fairs, are visa exempt, cf. section 39(2) of wise indicate that the passport is not valid
the Aliens Act. for return to the country of issue.
(2) The Minister of Refugee, Immigration and (ii) The alien must have sufficient means to
Integration Affairs shall publish information on support himself during the intended stay
agreements or provisions under subsection and to pay for his return to his country of
(1)(iv) to (vi) hereof in the Danish Official Ga- origin or for the passage to a third country
zette. A list of the groups of aliens referred to in where the person in question is guaranteed
subsection (1)(iv) to (vi) hereof must be pub- entry, or be able to acquire such means in a
lished once a year as at 1 January in the same me- lawful manner.
dium. (iii) Unless particular reasons make it inappro-
priate, the alien must have taken out travel
14. A visa valid for all Schengen countries is insurance covering any expenses in con-
issued as: - nection with return for health reasons, ur-
(i) a visa valid for one or more entries into the gent medical treatment and acute hospital
Schengen countries, where neither the du- treatment during the intended stay. The
ration of an unbroken stay nor the total du- travel insurance must cover all the Schen-
ration of several consecutive stays in Den- gen countries, and the minimum insurance
mark and the other Schengen countries cover must amount to €30,000.
may exceed three months per any six- (iv) No alert may be entered in the Schengen In-
month period reckoned from the date of the formation System for the purposes of refus-
first entry into the Schengen countries. ing entry in respect of the alien.
(ii) a transit visa entitling the holder to pass (v) The alien may not constitute a threat to
once, twice or exceptionally more times the public policy, relations with foreign
through the Schengen countries to a coun- powers or national security or health of the
try which has not acceded to the Schengen Schengen countries.
Convention, and where the transit time may (2) If necessary, the alien shall present docu-
not exceed five days per passage. mentation for the purpose and specific circum-
(iii) a collective visa, which is affixed in a col- stances of his stay.
lective travel document (collective pass- (3) A visa is issued in accordance with Article
port) relating to a group of at least five and 17(2) of the Schengen Convention on consul-
not more than 50 persons and is valid for tation with Danish authorities and the authorities
one or more entries into the Schengen of other Schengen countries.
countries, and where the duration of the
stay in the Schengen countries may not ex- 16. Notwithstanding the provisions of section
ceed 30 days. In case of a transit visa, par- 15 of this Order, a visa limited so as to be valid
agraph (ii) hereof applies correspondingly. only for entry and stay in Denmark may be is-
(iv) an airport transit visa entitling the holder to sued when humanitarian considerations, consid-O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
8
erations of national interests or international ob- (6) In special cases, the Danish Immigration
ligations make it appropriate. The other Schen- Service may empower the police to issue a visa
gen countries must be informed of visas issued for up to 15 days’ stay valid for one entry, or a
under the first sentence hereof. transit visa for up to 5 days’ stay valid for one en-
try, at an alien’s entry into Denmark under sub-
17. (1) Visas are issued by the Danish Immi- section (4), first sentence, hereof. Subsection
gration Service or by a Danish diplomatic or (4), second and third sentences, hereof applies
consular mission authorised to do so under sec- correspondingly. A visa under the first sentence
tion 47(2), first sentence, of the Aliens Act by hereof may not be issued, if an alert has been en-
agreement between the Minister of Refugee, Im-
tered in the Schengen Information System for
migration and Integration Affairs and the Minis-
the purposes of refusing entry in respect of the
ter of Foreign Affairs.
alien, or if the alien is prohibited from entering
(2) Visas may furthermore be issued by anoth-
Denmark. In special cases, upon authorisation
er Schengen country’s diplomatic and consular
from the Danish Immigration Service, the police
missions abroad which have been authorised to
do so under section 47(2), second sentence, of may issue a return permit under subsection (5)
the Aliens Act by the Minister of Foreign Affairs hereof.
following agreement with the Minister of Refu- 18. (1) During an alien’s stay in Denmark, the
gee, Immigration and Integration Affairs. Danish Immigration Service may extend a visa
(3) When Denmark is the competent state un- to a stay of a total of three months in case of
der the rules of the Schengen Convention, an ap- force majeure, or when humanitarian considera-
plication for visa must be submitted to a Danish tions or weighty business or personal reasons
mission, cf. subsection (1) hereof, the mission of make it appropriate. Unless particular reasons
another Schengen country, cf. subsection (2) make it inappropriate, an extension may only be
hereof, or in very special cases to certain Danish effected on the basis of information that was not
honorary missions, but cf. subsection (4) hereof. available when the visa was issued, and only if
(4) When particular reasons make it appropri- the purpose of the stay does not change.
ate, the Danish Immigration Service may issue a
(2) An application for extension must be sub-
visa for up to 15 days’ stay valid for one entry,
mitted to the Danish Immigration Service before
or a transit visa for up to 5 days’ stay valid for
one entry, at an alien’s entry into Denmark. A expiry of the valid visa. If the applicant lives or
visa under the first sentence hereof may not be resides outside Copenhagen Municipality, Fred-
issued if such issue is conditional upon consulta- eriksberg Municipality or Copenhagen County,
tion of the authorities of other Schengen coun- the application may also be submitted to the
tries under Article 17(2) of the Schengen Con- Danish Immigration Service through the police
vention. Notwithstanding the provisions of the at the place where the applicant lives or resides.
second sentence hereof, a visa under the first 19. (1) A visa is issued so that it expires not
sentence hereof, limited so as to be valid only for later than three months before expiry of the
entry and stay in Denmark, may be issued when alien’s passport or, if the alien has no passport,
humanitarian considerations, considerations of
not later than six months before expiry of the re-
national interests or international obligations
turn permit to the country which has issued the
make it appropriate. The other Schengen coun-
tries must be informed of visas issued under the alien’s travel document.
first sentence hereof. The Danish Immigration (2) If the alien is a permanent resident of a
Service may furthermore permit entry into Den- country other than his country of origin, the visa
mark without a visa when humanitarian consid- is issued under the terms stated in subsection (1)
erations, considerations of national interests or hereof and so that it expires not later than three
international obligations make it appropriate. months before expiry of the return permit for his
The other Schengen countries must be informed country of residence or, if the alien has no pass-
of permits granted under the fifth sentence here- port, not later than six months before expiry of
of. the return permit for his country of residence.
(5) The Danish Immigration Service may issue (3) When humanitarian considerations, con-
a return permit to an alien residing lawfully in siderations of national interests or international
Denmark. obligations make it appropriate, the Danish Im-O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
9
migration Service may deviate from the provi- less the alien applies for a residence permit for
sions of subsections (1) and (2) hereof. In that the purpose of a temporary stay only.
case, the validity of the passport must be longer (2) A residence permit under sections 9a to 9c
than that of the visa and allow the alien to return or section 9e or 9f of the Aliens Act is issued
to the country of issue before expiry of the pass- with a possibility of permanent residence or a
port. The passport may not state or otherwise in- temporary stay in Denmark. In deciding whether
dicate that the passport is not valid for return to to issue the residence permit for the purpose of
the country of issue. permanent residence or a temporary stay, partic-
ular regard must be had to the purpose of the res-
20. (1) If the grounds for issue of a visa were idence or stay, cf., inter alia, sections 28 to 30 of
not correct or no longer exist, the Danish Immi- this Order.
gration Service may revoke the visa if deemed
necessary in consideration of the public policy, 23. (1) A time-limited residence permit under
relations with foreign powers, national security section 7 or 8 of the Aliens Act is issued for not
or health of the Schengen countries or if an alert more than two years at a time, and after four
has been entered in the Schengen Information years for not more than three years at a time.
System for the purposes of refusing entry in re- (2) A time-limited residence permit under sec-
spect of the alien. The visa is cancelled by a tion 9(1)(i) of the Aliens Act is issued for not
stamp to that effect from the police in the alien’s more than two years at a time, and after four
passport. years for not more than three years at a time.
(2) Where a visa issued by another Schengen (3) A time-limited residence permit under sec-
country is revoked, the central authorities of that tion 9(1)(ii) of the Aliens Act is issued until the
country must be informed thereof. child’s 18th birthday, but only until expiry of the
period for which one of or both the persons hav-
Part 4 ing custody of it hold a residence permit for Den-
mark.
Residence permits (4) A time-limited residence permit under sec-
General provisions tion 9a of the Aliens Act for researchers, teach-
ers, executive employees, specialists and embas-
21. (1) A child under the age of 18 residing sy personnel is issued for not more than three
permanently with the person having custody of it years and may be extended for not more than
is exempt from proof of a residence permit dur- four years at a time. A residence permit may be
ing its residence in Denmark when the child has granted for not longer than the contract period.
been issued with a residence permit under sec- The first and second sentences hereof apply cor-
tion 7, 8, 9(1)(ii) or 9b to 9e of the Aliens Act, or respondingly to the issue of a residence permit
when the child was born in Denmark and the per- under section 9c(1) of the Aliens Act to accom-
son having custody of it is a lawful resident of panying spouses, cohabitants and under-age
Denmark pursuant to a residence permit under children of the persons referred to in the first
sections 7 to 9e of the Aliens Act. The first sen- sentence hereof and to other accompanying fam-
tence hereof applies correspondingly when the ily members when particular reasons make it ap-
child has been issued with a residence permit un- propriate.
der section 9(1)(iii) of the Aliens Act. (5) A time-limited residence permit under sec-
(2) Upon application, proof of a residence per- tion 9b of the Aliens Act is issued for not more
mit may be issued to a child as referred to in sub- than one year at a time, after two years for not
section (1) hereof if the child in question needs more than two years, and after four years for not
documentation for its residence permit. Proof of more than three years at a time.
a residence permit issued under the first sentence (6) A time-limited residence permit under sec-
hereof is issued for not more than three years at tion 9c(3) of the Aliens Act for under-age unac-
a time. companied aliens who have entered Denmark
and been registered as asylum-seekers under sec-
22. (1) A residence permit under section 7, 8, tion 48e(1) of the Aliens Act is issued for not
9(1) or 9d of the Aliens Act is issued with a pos- more than two years at a time, and after four
sibility of permanent residence in Denmark un- years for not more than three years at a time.O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
10
(7) A time-limited residence permit under sec- idence permit issued and must allow the alien to
tion 9c(1) of the Aliens Act for Danish nationals’ return to the country of issue before expiry of the
family members who are entitled to reside in passport. The passport may not state or other-
Denmark under the EU rules on freedom of wise indicate that the passport is not valid for re-
movement for workers or under the EU rules on turn to the country of issue.
freedom of establishment for self-employed per-
sons is issued the first time for up to five years. 25. In connection with a residence permit un-
If the Danish national is going to be employed as der sections 7 to 9f of the Aliens Act, such con-
an employee for less than one year, the residence ditions may be laid down as are warranted by the
permit referred to in the first sentence hereof is purpose of the residence or the alien’s own cir-
issued for the expected duration of the employ- cumstances or security or health reasons.
ment. No residence permit is issued if the ex- 26. (1) An application for a residence permit
pected duration of the employment is up to three under section 7 of the Aliens Act must be sub-
months, cf. section 2(1) of the Aliens Act. mitted in Denmark.
(8) A time-limited residence permit under sec-
(2) An application for a residence permit under
tion 9c(1) of the Aliens Act for Danish nationals’
section 9, 9a(1), 9c, 9d or 9f of the Aliens Act
family members who are entitled to reside in
may be submitted to a Danish mission in the ap-
Denmark under the EU rules on freedom of
plicant’s country of origin or in the country in
movement to receive and provide services is is-
which the applicant has resided permanently for
sued for the expected duration of the services,
the last three months, but cf. subsections (3) and
but not for more than five years. No residence
(4) hereof. Unless humanitarian reasons conclu-
permit is issued if the expected duration of the
sively make it inappropriate, an application un-
services is up to three months, cf. section 2(1) of
der the first sentence hereof may only be submit-
the Aliens Act.
ted if the applicant has resided lawfully in the
(9) A time-limited residence permit under sec-
relevant country for the last three months. If
tion 9c(2) of the Aliens Act for aliens with refer-
there is no Danish mission in the applicant’s
ence to the fact that return, cf. section 30 of the
country of origin or the country in which the ap-
Aliens Act, has not been possible for at least 18
plicant has resided permanently for the last three
months is issued for not more than one year at a
months, the Danish Immigration Service may
time.
decide that an application for a residence permit
(10) Apart from the cases referred to in sub-
under section 9, 9a(1), 9c, 9d or 9f of the Aliens
sections (1) to (9) hereof, the first time-limited
Act may be submitted to another Danish mission
residence permit is issued for not more than one
when particular reasons make it appropriate. The
year, and it may be extended by periods of up to
Danish Immigration Service may further decide
three years, but cf. sections 28 to 30 of this Or-
that nationals of another country may submit an
der. In special cases, the first time-limited resi-
application for a residence permit under section
dence permit may be issued for up to three years.
9, 9a(1), 9c, 9d or 9f of the Aliens Act to a Dan-
24. (1) The provisions of section 19(1) and (2) ish mission other than the ones referred to in the
of this Order apply correspondingly to residence first sentence hereof when an agreement to that
permits issued under sections 9 to 9f of the Al- effect has been concluded with the country in
iens Act. question. By agreement with the Ministry of For-
(2) When a residence permit is issued under eign Affairs, an application for a residence per-
sections 9 to 9f of the Aliens Act, the Danish Im- mit under section 9, 9a(1), 9c, 9d or 9f of the Al-
migration Service may in special cases deviate iens Act may be submitted to the mission of an-
from the provision of section 39(1) of the Aliens other country in the applicant’s country of origin
Act. or in the country in which the applicant has re-
(3) When a residence permit is issued under sided permanently for the last three months, but
sections 9 to 9f of the Aliens Act, the Danish Im- cf. subsections (3) and (4) hereof.
migration Service may in special cases deviate (3) An application for a residence permit under
from the provision of section 19(1) and (2) of the section 9, 9a(1), 9c or 9f of the Aliens Act may
Aliens Act. In that case, the validity of the al- be submitted in Denmark if submission in Den-
ien’s passport must be longer than that of the res- mark of the application for a residence permit isO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
11
permitted under section 9(18), 9a(3), 9c(4) or (9) An application for extension of a residence
9f(6) of the Aliens Act. permit may not be submitted earlier than two
(4) An application for a residence permit under months before expiry of the permit and must be
section 9d of the Aliens Act may be submitted in submitted not later than one month before expiry
Denmark. of the permit. This does not apply in a situation
(5) An application for a residence permit under where, after refusal of his application for a per-
section 9a(2) or 9b of the Aliens Act may only be manent residence permit, an alien submits a new
submitted under section 9a(4) or 9b(2) of the Al- application for extension of his residence permit.
iens Act by persons staying in Denmark. An application for extension must be submitted
(6) An application for a residence permit under to the Danish Immigration Service. If the appli-
section 9a(1) or (5) from an alien who is a na- cant lives or resides outside Copenhagen Munici-
tional of Estonia, Latvia, Lithuania, Poland, Slo- pality, Frederiksberg Municipality or Copenha-
vakia, Slovenia, the Czech Republic or Hungary gen County, the application may also be submit-
may be submitted in Denmark to the Danish Im- ted to the Danish Immigration Service through
migration Service. If the applicant lives or re- the police at the place where the applicant lives
sides outside Copenhagen Municipality, Freder- or resides.
iksberg Municipality or Copenhagen County, Special provisions
the application may also be submitted to the
Danish Immigration Service through the police 27. (1) A residence permit under section
at the place where the applicant lives or resides. 9(1)(iii) of the Aliens Act for under-age aliens
If the applicant does not live or reside in Den- with a possibility of permanent residence with
mark, the application must be submitted to a others than the person having custody thereof is
Danish mission in the applicant’s country of ori- issued with a possibility of: -
gin or in the country in which applicant has re- (i) adoption where the applicant for adoption is
sided permanently for the last three months. If approved as an adopter, where the child is
there is no Danish mission in the applicant’s comprised by the approval and where the
country of origin or the country in which the ap- applicant for adoption has consented to ac-
plicant has resided permanently for the last three cept the child.
months, the Danish Immigration Service may (ii) residence with the child’s closest family
decide that an application for a residence permit when there is a special reason why the child
may be submitted to another Danish mission cannot live with its parents or other close
when particular reasons make it appropriate. The relatives in its country of origin.
Danish Immigration Service may further decide (iii) residence with others in case of very special
that nationals of another country may submit ap- circumstances and when the foster relation-
plications for a residence permit to a Danish mis- ship is recommended by the local council
sion other than the ones referred to in the third on the basis of an examination correspond-
sentence hereof when an agreement to that effect ing to that carried out at adoption of foreign
has been concluded with the country in question. children, or relating to children above the
(7) If an application for a residence permit age of 14 when the foster relationship must
may be submitted in Denmark under subsections be deemed satisfactory on the basis of other
(3) and (4) hereof, the application must be sub- information.
mitted to the Danish Immigration Service. If the (2) A residence permit under subsection (1)(ii)
applicant lives or resides outside Copenhagen or (iii) hereof is conditional upon the foster par-
Municipality, Frederiksberg Municipality or Co- ents declaring that they undertake to maintain
penhagen County, the application may also be the child.
submitted to the Danish Immigration Service (3) A residence permit under subsection (1)(ii)
through the police at the place where the appli- or (iii) hereof for the purpose of adoption may
cant lives or resides. not be issued until the Department of Family Af-
fairs has issued an opinion as to whether comple-
(8) An application under subsections (3) and
tion of the adoption is to be expected.
(4) hereof must be submitted before expiry of a
valid visa or not later than one month before the 28. (1) A residence permit under section 9c(1)
duty to hold a residence permit commences. of the Aliens Act for the purpose of participationO:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
12
in a higher education programme at an educa- pupils and students in basic and youth education
tional institution accredited by the public author- or similar education unless particular reasons
ities may be issued for the purpose of a tempo- make it inappropriate.
rary stay for not more than one year at a time: - (2) In special cases a residence permit issued
(i) when participation in the programme has under subsection (1) hereof may be extended for
been planned by a ministry or the educa- not more than one further year.
tional institution in question; or
31. A residence permit under sections 28 to 30
(ii) when participation in the programme is part of this Order is conditional upon the alien’s
of a study programme of higher education maintenance being ensured through the alien’s
already commenced by the applicant in the own means, grants, study loans or the like.
country of origin. (2) In such cases, a residence permit for chil-
(2) A residence permit under subsection (1)(i) dren under the age of 18 is further conditional
hereof may be extended until the end of the pro- upon the educational institution in question sub-
gramme in question if the alien is actively stud- mitting a declaration stating that it will assist in
ying and the number of months for which the ensuring for the child a reasonable stay in Den-
student has been enrolled in the programme does mark for the duration of the permit.
not exceed the study period prescribed by the (3) The Danish Immigration Service may or-
rules applicable to the programme by more than der an alien issued with a residence permit under
12 months. A residence permit under subsection sections 28 to 30 of this Order to submit docu-
(1)(ii) hereof may be extended to not more than mentation proving that the conditions of subsec-
two years if the alien is actively studying and the tion (1) hereof are still satisfied.
number of months for which the student has been
enrolled in the programme does not exceed the Part 5
study period prescribed by the rules applicable to Work permits
the programme by more than 12 months.
(3) A residence permit may be issued for the 32. In addition to the cases referred to in sec-
purpose of participation in qualifying courses in tion 13(1) of the Aliens Act, aliens need a work
connection with a higher education programme permit for working in the territorial waters and
comprised by subsection (1)(i) hereof: - on the continental shelf.
(i) when the qualifying course is specifically 33. (1) The following aliens are exempt from
connected with the relevant higher educa- the requirement of a work permit: -
tion programme; (i) The aliens referred to in section 14(1) of the
(ii) when the alien has been enrolled in the Aliens Act.
higher education programme to which the (ii) Persons sent out and employed with foreign
qualifying course is relevant; diplomatic or sent-out consular missions or
(iii) when the educational institution has decid- by organisations and institutions covered
ed that participation in the qualifying by the Act on Rights and Immunities for In-
course is a prerequisite for attending the ternational Organisations, etc., as well as
relevant higher education programme; and accompanying family members and assist-
(iv) when the duration of the specific qualifying ants sent out and employed in the private
course is not more than one year. households of such persons.
29. A residence permit under section 9c(1) of (iii) Personnel of foreign trains and vehicles in
the Aliens Act for the purpose of participation in international traffic.
a course at a folk high school or the like may be (iv) Personnel on Danish cargo vessels in inter-
issued for the purpose of a temporary stay for the national traffic calling at Danish ports not
duration of the course in question, but not for more than 25 times per year, calculated on
more than one year. The permit may be extended a one-year rolling basis independently of
to not more than 18 months. the calendar year, if a work permit is re-
quired therefore, cf. section 13(1), second
30. (1) A residence permit under section 9c(1) sentence, of the Aliens Act.
of the Aliens Act may be issued for the purpose (v) Crew members on cruise ships acting as
of a temporary stay for not more than one year to tourist guides for some of or all the passen-O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
13
gers of the cruise ship for up to 72 hours af- permit is issued to the foreign students referred
ter the cruise ship has called at a Danish to in section 28(1) of this Order, entitling them to
port if the crew member’s function as a full-time employment during the months of
tourist guide is a natural part of his other June, July and August.
work onboard the cruise ship. (4) Upon application, a work permit may oth-
(vi) Qualified crew members of flight operators erwise be issued to aliens holding a residence
or alliance partners for the purpose of pro- permit under section 9c(1) of the Aliens Act who
viding assistance to survivors and their are not exempt from the requirement of a work
family members, to the family members of permit. In deciding thereon, special regard must
fatal casualties and to relevant authorities be had to the purpose of the application. No work
in connection with aircraft accidents. permit may be issued to foreign students issued
(2) The following aliens are exempt from the with a residence permit under section 9c(1) of
requirement of a work permit for a period of the Aliens Act and referred to in sections 28(3),
three months from entry: - 29 and 30 of this Order, unless particular reasons
(i) Scientists and lecturers, in regard to teach- make it appropriate to issue a work permit. This
ing or similar activities to which they have does not apply to EU/EEA nationals or Swiss na-
been invited. tionals.
(ii) Artists, including musicians, performers, (5) A work permit is issued to aliens holding a
and the like, if they are of major importance residence permit under section 9f of the Aliens
to an important artistic event. Act.
(iii) Representatives on a business trip in Den- (6) Upon application, a work permit may
mark for foreign firms or companies hav- furthermore be issued to aliens residing outside
ing no business address in Denmark. Denmark when essential employment or busi-
(iv) Fitters, consultants and instructors who ness considerations make it appropriate, cf. sec-
have entered Denmark to fit, install, check tion 9a(1) of the Aliens Act.
or repair machinery, equipment, computer
software or the like or to inform of the use 35. (1) A work permit under section 34(1), (2)
thereof, if the enterprise with which the al- or (4) to (6) of this Order is issued for employ-
ien is connected has supplied the machin- ment in a particular job. The Danish Immigration
ery, equipment, computer software or the Service may alter the permit for employment in
like or, upon agreement with such enter- another job.
prise, has undertaken to fit, install, check or (2) In connection with a work permit, such
repair the machinery, equipment, computer conditions may be laid down as are warranted by
software or the like. the purpose of the work, the alien’s own circum-
(v) Persons employed in the private household stances or security or health reasons.
of aliens who are staying in Denmark on a 36. A work permit under section 34 of this Or-
visit for up to three months. der for aliens under the age of 18 may only be is-
(vi) Professional athletes and coaches and train- sued if an employment contract is available in
ers, in regard to the exercise of sports and writing and the employer declares to the Danish
sports training or coaching. Immigration Service that he observes the condi-
34. (1) A work permit is issued to aliens hold- tions of the working environment legislation.
ing a residence permit under section 9a of the Al- 37. A work permit under section 34 of this Or-
iens Act. der is valid for the same period as the alien’s res-
(2) A work permit is issued to aliens holding a idence permit, unless otherwise stated in the per-
residence permit under section 9c(1) of the Al- mit.
iens Act for the purpose of traineeships.
(3) Upon application, a work permit is issued 38. (1) If the alien holds a residence permit for
to foreign students holding a residence permit Denmark, an application for a work permit or for
under section 9c(1) of the Aliens Act and re- extension of a work permit under section 34 of
ferred to in section 28(1) of this Order for em- this Order must be submitted to the Danish Im-
ployment in part-time jobs for up to 15 hours a migration Service. If the applicant lives or re-
week. Furthermore, upon application, a work sides outside Copenhagen Municipality, Freder-O:\Ministeriet for flygtninge\Bekendtgørelser\551300\Dokumenter\551300.fm 16-08-06 12:15 k03 SJ
14
iksberg Municipality or Copenhagen County, section 19(1) and (2), cf. section 24, of this Or-
the application may also be submitted to the der.
Danish Immigration Service through the police
at the place where the applicant lives or resides. 42. (1) The decision of the county government
(2) If the applicant does not hold a residence office made under section 40(1) of this Order can
permit for Denmark, an application for a resi- be appealed to the Danish Immigration Service.
dence and work permit must be submitted in ac- (2) The decision of the Danish Immigration
cordance with section 26 of this Order. Service cannot be appealed to any other admin-
istrative authority.
39. A work permit under section 34 of this Or-
der may be revoked if the grounds referred to in 43. The Danish Immigration Service may lay
the application or the permit were not correct or down further rules and decide on the examina-
are no longer present. tion of the cases referred to in section 40(1) of
this Order.
Part 6
Part 7
Special provisions on residence permits in
connection with adoption Exchange of case documents between the county
government offices and the Danish Immigration
40. (1) Decisions on the issuing, extension, Service
lapse and revocation of a residence permit under
section 27(1)(i) of this Order are made by the 44. For the purpose of a decision to be made by
county government office of the place where the the Danish Immigration Service or an opinion
adoptive parents live or reside. If the adoptive under the Aliens Act or provisions laid down in
parents do not live or reside in Denmark, the pursuance thereof, a county government office
county government office of the place where it is may, without the alien’s consent, pass on case
assumed, on the basis of the application submit- documents to the Danish Immigration Service,
ted, that the adoptive parents will live or reside including information on the alien’s purely per-
in Denmark shall make the decision in the case. sonal details, filed in a case with the county gov-
If it cannot be determined on the basis of the ap- ernment office relating to a residence permit un-
plication submitted where in Denmark the adop- der section 27(1)(i) concerning: -
tive parents intend to live or reside, the Govern- (i) the alien in question; or
ment Office of Copenhagen shall make the deci- (ii) other aliens, provided that the case docu-
sion in the case. In special cases the Danish Im- ments may be of importance to the case
migration Service may authorise another county upon a general assessment.
government office to make the decision in the
cases referred to. 45. For the purpose of a decision to be made by
(2) An application for a residence permit or a county government office under section
extension of a residence permit must be submit- 27(1)(i) of this Order, the Danish Immigration
ted to the county government office that is to Service may, without the alien’s consent, pass on
make the decision in the case under subsection case documents to the county government office,
(1) hereof. If the adopted child does not live or including information on the alien’s purely per-
reside in Denmark, the application must be sub- sonal details, filed in a case with the Danish Im-
mitted to a Danish mission in the adopted child’s migration Service relating to a decision or an
country of origin or the country in which the opinion under the Aliens Act or provisions laid
adopted child lawfully resides. The mission shall down in pursuance thereof, concerning: -
forward the application to the Government Of- (i) the alien in question; or
fice of Copenhagen, which re-forwards the ap- (ii) other aliens, provided that the case docu-
plication to the county government office that is ments may be of importance to the case
to make the decision in the case under subsection upon a general assessment.
(1) hereof.
46. For the purpose of a decision to be made by
41. The county government office that is to a county government office under section
make the decision in the case under section 40(1) 27(1)(i) of this Order, another county govern-
of this Order may deviate from the provisions of ment office may, without the alien’s consent,You can also read
