Tradtional marriage, re-opening of case and pregnancy

By New Times - 15.12.2010

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

• I am an asylum seeker and I have been rejected twice but now my case has been re-opened. Is there any way of knowing how long is it going to take to process my case again?

Congratulations on the re-opening of your case. The Refugee Board prioritises new cases, so if your asylum case has already been processed once or twice you can expect a long processing time before you get a decision. However, the Refugee Board always decides cases before the applicant risks being send out of Denmark.

• I am married in the traditional manner in my home country, if I get asylum, will my marriage be recognized for family reunification?

No. A marriage is only recognized as grounds for family reunification if you are legally married. However - if you and your spouse have been living together for at least 18 months before you apply for family reunification it will have the same judicial effect as if you were legally married.

• We are both gay asylum seekers and because of this it is not safe for us in our home country. Can we be granted residence permit based on persecution because of our sexuality?

Yes. Protection from persecution because of ones sexuality is one of the protection criteria listed in the Refugee Convention (Geneva Convention) in Art. 1A (2). Asylum can be granted in cases of : "(...) well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,(...)" Sexuality is considered to be included in the term "particular social group".

• I am a 22 year old asylum seeker. I am pregnant by a Dane. Will I be able to marry him? If not what will happen to me and the baby?

It is not possible to get married in Denmark unless both parties have legal stay. It is however possible to apply for dispensation at the municipality where your partner lives or in the municipality where your asylum centre is situated. The municipality will assess whether you should be allowed to get married. You can find more information on the specific criteria for dispensation to marriage at The Department of Family Affairs on the following web page: www.familiestyrelsen.dk

After you have been married you can apply for family reunification. The current rules state that you have to be more than 24 years of age to get family reunification in Denmark unless your spouse cannot return to your home country with you. There are some new rules on their way concerning family reunification and these rules will probably enter into force in the beginning of 2011. Before the rules are finally decided it is not possible to give advice based on the new rules.

ASK US

Have you any questions?

Write to:

New Times

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 Counselling Unit

Asylum Department

Borgergade 10

Postbox 53

1002 Kobenhavn K

www.drc.dk

Email:advice@drc.dk

Free Legal Counselling for asylum seekers every Wednesday from 13:00-15:00

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