EU citizen and permanent residence in Denmark

[androol]

Hello,

I have a complicated question that I cannot seem to find the correct answer to, and the authorities have been a bit noncommittal when asked.

I was born and raised in the United States. A few years ago I met a Danish woman, married her and moved to Denmark under family reunification. A year after I moved here I discovered that through my birth father, whom I never met, I was considered to be an Irish citizen. So after getting enough documentation to satisfy the Irish authorities, I was issued an Irish passport last year. So now, even though I am registered in Denmark as a U.S. citizen, officially I am also an EU citizen. By the way Irish citizenship law is written, since my father was born in Ireland, I am officially an Irish citizen from birth, and thus I was an EU citizen when I arrived in Denmark.

So part two of the issue is that I work as a contract airline pilot, basically freelancing my services for a limited time to airlines in different part of the world. Currently I am on contract with a Chinese airline and I spend about half of my time in China. As such I am not officially employed in Denmark, so my residence in Denmark is still based on family reunification with my wife, not on the EU rules of free movement.

So my questions is as follows- EU rules state that as an EU citizen, after five years of continuous residence I can qualify for permanent residence in my new country. Does this only apply for those who are exercising their free movement rights under EU law, or can I get it as an EU citizen even though my residence is based on family reunification? Denmark requires a person to be employed in Denmark for three of the previous five years prior to submitting an application for permanent residence. Due to my type of work I cannot ever qualify as I do not actually work in Denmark, unless I can get permanent residence under EU rules, not the Danish rules.

[Richard8655]

You have an interesting situation with a couple options. But I think you're misinterpreting the law a bit.

Under your current status as a temporary resident based on family reunification (marriage to Danish spouse), you would need to apply for a permanent residence permit after 5 years in order to continue your long-term legal status in Denmark. Your ultimate permanent status is family-based and though solid, not completely assured.

However, as an EU citizen (based on your Irish citizenship), long-term legal status is already assumed based on EU rules of free movement and residence. No residence permit is required in this case. All you need to do is simply register yourself as an EU national wishing to live permantly in Denmark. This entails applying for a registration certificate (residence card) which allows for indefinite legal status. This right is automatically conferred on you as an EU citizen and provides better guaranteed legal status than family reunification.

If your work as an airline pilot requires you to reside abroad for long periods, as an EU resident you can simply apply for this absence with your local Danish regional administration office. EU registered nationals also do not have to satisfy employment or language requirements. This is another advantage in maintaining your residency as an EU national rather than through a residency permit under family reunification rules.

So EU registration residency is a much simpler, assured (based in EU rules), and straightforward status without the need for the permanent residency paperwork and process that family reunification status requires. I would go this route.

[androol]

Thank you for your response. I may very well be misinterpreting the law as it seems a bit confusing. Denmark is not very clear on many of the laws and when you ask the officials they can either be a bit evasive, or you get a different answer each time.

My understanding is that as an EU citizen I can only reside in Denmark under the EU rules if I am employed in Denmark, self employed, or a pensioner/self supporting. While I am considered self-employed by my contract, I am not sure it meets the standards of the EU rules for being self employed.

I am fortunate that I am never gone from the EU for long periods. The longest I am ever gone is four weeks, so I do not think I need to register my absence.

So if I understand you correctly I can just simply go to the regional administration office here in Denmark and register even though I am not employed, self employed or a pensioner?

Thank you again for your response.

[Richard8655]

Yes, what you say is pretty much correct. You can also reside in Denmark as an EU citizen by just showing that you have sufficient finds to support yourself. In that case, employment or pension justification would not be required.

And yes, just go to your local regional administration office in Denmark, bring your Irish passport, proof of financial self sufficiency (i.e., bank statement) and you should then be able to register for a residence card. As simple as that.

Glad I could help a little. When you go down to your regional office, they can confirm all this for you.