Legal Letters, June 2009

By New Times - 01.06.2009

Advisers at Dansk Flygtningehjælp answer your questions about asylum and the law.

I recently got positive and now want to start the process of family reuni- fication so that my wife and children can join me. However, my eldest two are girls aged 19 and 21 so they are not eligible to join me under the rules for family reunification. But how can I leave two girls alone in Somalia? It is not safe, they need protection. Please will you advise me about how I can bring my eldest two children to Denmark?

As you probably know, the Danish rules of family reunification state that a child has to be below the age of 15 to be reunified with parents in Denmark. However, there can be specific situations where the best interests of the child lead to the granting of family reunification even if the child is above 15 years of age - for instance if the child is left without relatives or network in the home country and the rest of the family is in Denmark. Your children are above the official age limit of 18 years and are therefore considered grown ups, so they will have to apply for asylum on their own grounds (which can be diffi- cult because they can only do that in Denmark) or apply for a resi- dence permit according to section 9 c, 1 of the Danish Aliens Act which includes special situations.

I live with my wife (also an asylum seeker) and our child in an asylum centre. I have recently got positive. Will my wife and child be able to live with me in the kommune?

Congratulations on your positive. If you and your wife and child entered Denmark simultaneously, your wife and child will be granted asylum based on your case. If they entered on a later date than you it will be a question of whether your marriage existed before the flight from your home country. If that is the case your wife and child will probably also be granted asylum based on your case. That means that you will all be kept together as a family and be able to live together in your kommune. If you were married after the flight from your home country your wife and child will always have the right to apply for family reunification with you if they are not granted asylum along with you.

We are two asylum seekers who recently got married (to each other!). It was a religious ceremony. Will the Danish authorities recognise our marriage? If not, do we have rights because we have been living together? Do these rights differ from the legal rights that Danes who live together unmarried have?

In order for the Danish authorities to recognize your marriage it has to be legally binding according to Danish legislation. A merely reli- gious ceremony is not. However – if you have been living together for at least 18 months you will have the same status in regards to the Danish Aliens Act as if you had been formally married. That means that you, for instance have the right to apply for family reunification. Before you are granted asylum it makes no sense discussing any oth- er rights that married or unmarried couples have in Denmark.

Have you got any questions?

Write to: New Times c/o Red Cross House H. C. Ørstedsvej 47, 1879 Frederiksberg C Or email us at: newtimesdk@ gmail.com Please feel free to ask your questions anonymously.

You can also contact: Dansk Flygtningehjælp Legal Councelling Unit Asylum Department Borgergade 10 Postbox 53 1002 København K

www.flygtingehjælp.dk Email: advice@drc.dk Free legal counselling for asy- lum seekers every Wednesday from 13:00 – 15:00 You need to present your ques- tions in Danish or English.