Lived in Denmark for 6 years,Can I apply for EC residency

[M&A]

Hi. I have worked and reside in Denmark for 6 years, now moved to Germany last year becuase of my job. Based up on this from:

http://www.zuwanderung.de/english/2_zuw ... esetz.html

Apart from the (temporary) residence permit and the (permanent) settlement permit, the EC-long-term residence was introduced in 2007 in order to implement the relevant EU law. The latter is a permanent residence permit which is granted to foreigners who have legally resided for a period of five years in one of the EU Member States. This residence permit takes into account the right of the foreigner to onward migration into another EU-Member State and, like the settlement permit, it puts third country nationals largely on a par with German nationals as far as access to the labour market and social benefits is concerned.

Can I apply for EC-Long term residence from Germany?
I read the inf. here too:
http://www.duesseldorf.de/auslaenderamt ... ndex.shtml
but seems confusing, I do not get it! I have reside in Denmark for more than 5 years, and Denmark is also EU state, can those years take into consideration the right to immigrate to Germany?
Thanks

[sakura]

Denmark doesn't appear to have signed up to this agreement:

http://www.immigrationboards.com/viewto ... ht=denmark

http://www.immigrationboards.com/viewtopic.php?t=10136

So I would think (only from what others have posted on this subject) that your years in Denmark do not count in regards the EC residency.

[Directive/2004/38/EC]

Good news is that all member states [edited: except UK, Ireland and Danemark] ]are required to implement the Directive.

Bad news is that you need to do the LTR part of this in the place you have lived for many years. And you need to do this BEFORE you move to the new EU member state.

Are you working for the same employer in Germany as you were in Denmark?

[flyboy]

As Sakura mentioned, the UK, Ireland, Denmark don't participate in it.

Here's the link to the Directive and have a look at point 25 and 26 iin the beginning:


http://eur-lex.europa.eu/LexUriServ/Lex ... 053:EN:PDF


25) In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, and without
prejudice to Article 4 of the said Protocol, these Member
States are not participating in the adoption of this Directive
and are not bound by or subject to its application.

(26) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty establishing the European
Community, Denmark does not take part in the
adoption of this Directive, and is not bound by it or
subject to its application,

[Directive/2004/38/EC]

Sorry, I stand corrected about participating member states.

[M&A]

Thank you all for the answers,
To answer Guru's question: I am now working for a different company in Germany, but before moving to Germany asked Danish authority about my permanent residency status wether it is affected by this move? Answer: No, as far as I kept my address registerd in DK, I can work in Germany! Ok, good, then I moved.
This year followed up again, Answer: No, you have a work permit from Germany, meaning you are registered there and have an address, and based up on Danish law, you can not have 2 addresses in 2 countreis, so we will very likely lapse your Danish permanent residency! and that means also my application for citizenship will be messed up too! Any suggestion please? Thanks

[Directive/2004/38/EC]

If you want Danish citizenship, you may want to consider if moving back to Denmark now will allow you to resume or only slightly delay your application.

Each EU country controls work permits and their immigration law. There are some cross-European requirements (such as for EU citizens and their families moving to another member state), but mostly individual states set their own rules.

Have you been working in Germany for a year without a work permit and your employer has not asked for confirmation that you have a right to work? Wow!

[sakura]

Have you been working in Germany for a year without a work permit and your employer has not asked for confirmation that you have a right to work? Wow!

I think the OP has a work permit for Germany....the problem is how to change that to permanent residency, which he cannot do.

M&A, you should find out whether Danish permanent residency is cancelled when you leave the country, or if it has a certain time limit after leaving.

[M&A]

I have had work permit from the first day I started with the new company in Germany. Danish law says: if you are out of the country for longer than 1 year(not registered and not paying tax),permanent residency will be lapsed.I kept my address in denmark, but also work in Germany, meaning I have an address in germany too,that is whay issueing a work permanent makes sense. Now what Danish authority says: You can not have 2 addresses in 2 countries,(although the one in germany is only for the work permit), and that means you are registered in germany too wich is against danish law!Now I am asked by Danish authority to write a letter, explain the status and they decide to lapse the permanet residency in denmark or not. Most probably they may do. I already applied for citizenship too, and that also means if permanent residency is lapsed, no citizenship too! I can not leave my job here and I have a right from my employee to work from home(Denmark) 2 days in the week, I am also in Denmark on weekends and holidays, those facts help me to keep my permanent residency in denmark? please advise,Thanks

[Directive/2004/38/EC]

I would strongly suggest you consult with a Danish lawyer who understands Danish rules of residence and (maybe) citizenship law.

Do you have a complete log of which days you left Denmark and which days you returned to Denmark?

How does your living situation compare in Denmark and Germany? What about family in each location?

When did you apply for citizenship? Before you started working in Germany?

[RobinLondon]

How can you have applied for Danish citizenship after having lived only six years there? They require that you have lived in the country NINE years and are continuing to live there:

http://www.nyidanmark.dk/en-us/citizens ... isfied.htm

Danish citizenship is one of the hardest ones in Europe to acquire in terms of all the loops you need to jump through. And you also need to renounce (formally and with proof!) all your other nationalities. The Danes don't mess around. And you don't want to mess them about either.

I think you need to put your Danish experience behind you (I hope it was worthwhile in other ways) and focus on your new life in Germany. By the way, the Germans are about as tough as Danes when it comes to immigration and naturalisation. You'll have to live there at least 7-8 years before you may apply for naturalisation, and again, you'll have to relinquish your previous citizenships. If you're looking for a gentler approach, consider Belgium. Or perhaps the UK, although in that case your wallet won't thank you.

[M&A]

I have no family neither in dK nor in Germany,I have been asylum seeker and I got my asylum from Dk in 2001,to get Danish citizenship for asylums it takes 8 years after you get ur asylum->2001+8=2009:
www.nyidanmark.dk
I applied for citizenship in 2006, before moving to Germany.
Log of the days when I was in either if the countries: yes, but the flight tickets few times only (most of the time by car).
worked in DK for a few years, tax and papers are in order.

[Directive/2004/38/EC]

I have no family neither in dK nor in Germany,I have been asylum seeker and I got my asylum from Dk in 2001,to get Danish citizenship for asylums it takes 8 years after you get ur asylum->2001+8=2009:
www.nyidanmark.dk
I applied for citizenship in 2006, before moving to Germany.
Log of the days when I was in either if the countries: yes, but the flight tickets few times only (most of the time by car).
worked in DK for a few years, tax and papers are in order.

How did you apply for citizenship in 2006 when you say you are only eligible in 2009? Interesting!

Since exactly when have you worked in Germany?

[RobinLondon]

I have no family neither in dK nor in Germany,I have been asylum seeker and I got my asylum from Dk in 2001,to get Danish citizenship for asylums it takes 8 years after you get ur asylum->2001+8=2009:
www.nyidanmark.dk
I applied for citizenship in 2006, before moving to Germany.
Log of the days when I was in either if the countries: yes, but the flight tickets few times only (most of the time by car).
worked in DK for a few years, tax and papers are in order.

Why didn't you write this before? In your original post you said that you had been living there for six years and said nothing about asylum. Seriously, if you want help you really need to be upfront with the information. We're not mindreaders. Sheesh.

That said, I believe your situation is too complicated for the purposes of an online forum. I think you're looking for someone to say, "Don't worry, it's not a problem. To handle this, just do A, B and C". Unfortunately, it's a good bit more complicated than that. I second Directive/2004/38/EC's recommendation that you find yourself a good Danish lawyer. You're going to need it since you require expert advice in satisfying the Danish residency requirements. Particularly since you applied for citizenship three years in advance! And are now living abroad!

Good luck...

[M&A]

How did you apply for citizenship in 2006 when you say you are only eligible in 2009? Interesting!

Since exactly when have you worked in Germany?[When I appleid for citizenship the danish law has not been changed, so man could apply after staying for 6 yeras in the country and being there for 7 years was enough to get citizenship, but then they changed the rule for 8 years from the time when u get ur permission to stay!(www.nyidanmark.dk)], all the applications before 2005 covered by the new law.
I have worked in Germany since December 2006.

[M&A]

I have no family neither in dK nor in Germany,I have been asylum seeker and I got my asylum from Dk in 2001,to get Danish citizenship for asylums it takes 8 years after you get ur asylum->2001+8=2009:
www.nyidanmark.dk
I applied for citizenship in 2006, before moving to Germany.
Log of the days when I was in either if the countries: yes, but the flight tickets few times only (most of the time by car).
worked in DK for a few years, tax and papers are in order.

Why didn't you write this before? In your original post you said that you had been living there for six years and said nothing about asylum. Seriously, if you want help you really need to be upfront with the information. We're not mindreaders. Sheesh.

That said, I believe your situation is too complicated for the purposes of an online forum. I think you're looking for someone to say, "Don't worry, it's not a problem. To handle this, just do A, B and C". Unfortunately, it's a good bit more complicated than that. I second Directive/2004/38/EC's recommendation that you find yourself a good Danish lawyer. You're going to need it since you require expert advice in satisfying the Danish residency requirements. Particularly since you applied for citizenship three years in advance! And are now living abroad!

Good luck...[Sorry, i did not mention that!but what difference does it make?I have still worked and lived there for 6 years,the only difference is that if they take residency, i would be stateless!]

[M&A]

Sorry i did not say that before, but what difference does it make? i still have lived and worked there for 6 years, the only difference is that if they take residency from me, i would be stateless!
When I appleid for citizenship the danish law has not been changed, so man could apply after staying for 6 yeras in the country and being there for 7 years was enough to get citizenship, but then they changed the rule for 8 years from the time when u get ur permission to stay!(www.nyidanmark.dk)], all the applications before 2005 covered by the new law.
I have worked in Germany since December 2006.

[RobinLondon]

Sorry, i did not mention that!but what difference does it make?I have still worked and lived there for 6 years,the only difference is that if they take residency, i would be stateless!]

What difference does it make? Well, successful asylum seekers may apply earlier for citizenship, as you so carefully (and belatedly) pointed out yourself.

I've got nothing more to add. Your situation, and to be honest, your economy with the facts just does my head in. My last advice: find a specialist and pay him/her handsomely for taking this task on.

[Directive/2004/38/EC]

What information have you had back on your application for Danish citizenship? It may well be that it is going ahead. When exactly did you apply? What have you heard back since then?

In many countries naturalization applications are based on your residence BEFORE applying, though in some countries there are also restrictions on enteringing and leaving the country while the application is being processed.

[M&A]

I appleid in October 2006, I received a confirmation that the minister received my application,however I should wait for 1 year and half. I have not got anything else since then.

[Directive/2004/38/EC]

And what exactly are the residence requirements before the application? Did you satisfy those?

What are the residence requirements after the application, if any?

[M&A]

Yes, I have met all the requirments:
http://www.nyidanmark.dk/en-us/citizens ... isfied.htm
language
Work
Citizenship test
integration course
resideing in the country for 8 years??? that I am stuck with it now!

[Directive/2004/38/EC]

And those were the requirements in place when you applied?

[M&A]

No, when I appleid, the rule was 7 years after you enter into the country (in my case 2000), and man could apply for the citizenship a year before that 7th year, that is why I applied in 2006, otherwise I could not apply 3 years in advance(2009). even at that time there was no citizenship test, I had passed that test in December 2007, one year after my application was sent. but they made an agreement and entered it in the force retrospectively.
The date of the enforcement is January 2006, but at the time of my application, seems it was not working, for the same reason I mentioned above, (they do not let people apply 3 years in advance.)
Please check this out:
http://www.nyidanmark.dk/NR/rdonlyres/0 ... ngelsk.pdf

[Directive/2004/38/EC]

Again, I would suggest you find a good Danish lawyer. And good luck with your citizenship application!