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New EU Residence Regulations

January 2009 - Real Estate & Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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22-05-2008 - The Danish Minister for Refugee, Immigration and Integration Affairs recently issued regulations on the right of foreign nationals covered by EU rules to stay in Denmark, also known as the EU Residence Regulations.

The Regulations cover EU nationals and family members and regulate their right to stay in Denmark. EEA and Swiss nationals are placed on a par with EU nationals and thus have the same rights as EU nationals.

A new feature is that EU, EEA, Swiss and third country nationals seconded to Denmark are entitled to stay if their secondment is for more than 3 months and for the purpose of providing services on behalf of a service provider established in the EU.

With the Regulations, the rules governing family members' right to stay in Denmark beyond the 3 and 6 months, respectively, specified in the Danish Aliens Act are now the same for family members of EU nationals - the "old" member states as well as the "new" ones - and for family members of EEA and Swiss nationals. The Regulations also regulate the right of family members of such secondees to stay in Denmark if the secondee is in Denmark for the purpose of providing services on behalf of a service provider established in the EU.

Other key features of the Regulations include:

  • Provisions governing the right of family members of Danish citizens to stay in Denmark
  • Provisions governing the granting of registration certificates to EU nationals seconded to Denmark
  • Provisions governing the granting and revocation of residence cards to both third country nationals seconded to Denmark and their family members

The Regulations became effective on 1 May 2008. The former EU Residence Regulations and the former EU/EEA Residence Regulations were repealed with effect from the same date.

The Regulations are available in Danish here.

Marianne Granhøj
mg@norrbomvinding.com

Elsebeth Aaes-Jørgensen
eaj@norrbomvinding.com 

This information does not constitute legal advice and should not be relied upon as such

For more information please visit www.norrbomvinding.com