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.
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