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INC
INC, Solicitor-Advocate
Category: European Law
Satisfied Customers: 93
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Residance card not renewed by mistake !!

Customer Question

I am a foreign worker lawfully residing and working in denmark on employer sponsored work permit. My husband is residing as dependant and so is the 1 yr old child who was born in denmark. My work permit was to expire on 01 May 2013 and residance permit was to expire on 01 November 2013. We were under impresion that my husband and child's residance permits will also be expiring on the same date when mine. My employer already filed my work permit extention in March. My husband being very ill since April, we were in tension on health and forgot his date on residance card. Just yesterday we happen to see the date on my spouse and child's residance card and it siad expires on 01 May 2013. The cards always had been in closet so we forgot to see the dates. It seems now their residance permits are expired and we forgot to apply for extension before 1 May as we were undr wrong impression that they also have expiry with my date. We understand that they may have to leave the coubtry but i want to know how much time they have to leave the counntry ? Is there any solution to keep them in the country untill end of May as we anyways will go back to india forever by end of May ? can we apply now for their extention ? Or can i sponsor them for visitor visa ? My baby is really small 13 months old and I cant let her leave the country without me. Please help
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

You have the chance to make the renovation out of the time of two months after the expiration in the next three months

Abogado3044 :

The law allows you to it even when you coul get a fine who ussually is about 300 euros

Abogado3044 :

So, nmobody have to left the country

Abogado3044 :

Make the renovation out of time, even when you will get a fine, and do it as soon as possible

Abogado3044 :

If necessary contrac a local attorney to do it

Abogado3044 :

Move it faster.

Abogado3044 :

I will be here if needed

Abogado3044 :

Thank you

Abogado3044 :

I know they scare with you could be expulsated from denmark if the visa expires, but ussually they granted even with the fine

Abogado3044 :

If the Danish Agency for Labour Retention and International Recruitment turns down your application, you can appeal to the Ministry of Employment.

The appeal process will be explained in detail when you receive the decision.

Abogado3044 :

You can submit an appeal with the relevant appeals authority.

To appeal the Danish Agency for Labour Retention and International Recruitment rejections of applications for residence permits based on employment or self-employment, or residence permits based on study, an au pair stay, an internship, a volunteer position or a working holiday, you can submit the appeal to:
The Immigration Appeals Board Adelgade 11 1304 Copenhagen K Tel.: +45 33 92 33 34 Email: udln@udln.dk
To appeal the Danish Immigration Service rejections of applications for family reunification, permanent residence permits, residence permits for former Danish citizens, religious workers, etc. As well as administrative deportations or refusals, you can submit the appeal to:
The Immigration Appeals Board Adelgade 11 1304 Copenhagen K Tel.: +45 33 92 33 34 Email: udln@udln.dk
To appeal Danish Immigration Service rejections of applications for visas family reunification for Danish citizens under EU law, residence permits in accordance with the association agreement with Turkey, residence permits because deportation has not been possible, residence permits for unaccompanied minor asylum seekers, residence permits in accordance with the International Cities of Refuge Network, you can submit the appeal to:
The Ministry of Justice Immigration Department Slotsholmsgade 10 1216 Copenhagen K Tel.: +45 72 26 84 00 Email: jm@jm.dk
The Danish Immigration Service rejections of applications for asylum are normally automatically appealed to the Refugee Appeals Board.

Deadlines

If your appeal is to be reviewed by the Immigration Appeals Board, it must be submitted no later than eight weeks after you have received the decision.
There is no deadline for appeals regarding decisions made by the Danish Immigration Service or the Danish Agency for Labour Retention and International Recruitment before 1 January 2013. There is no deadline for submitting an appeal with the Ministry of Justice or the Refugee Appeals Board.

Submitting an appeal

You can submit an appeal with the relevant appeals authority.
The appeal should contain the applicant’s personal ID, the case number, the applicant’s alien identification number or IVR number and a copy of the decision.
In order to reduce the amount of time it takes the Ministry of Justice to process an appeal regarding short-term visa cases, documents submitted in connection with an appeal should be translated to Danish, English, French or German.

Fees

A processing fee is charged for some appeals and requests for reopening settled appeals.

Customer : Are you sure about it thar it is the Denmark law you are explaining ?
Customer : HI
Abogado3044 :

Its CEE law, I do not think it could be different in denmark

Abogado3044 :

You must try it anyway, to ask for it and make the appeal if rejected

Abogado3044 :

You could get more chances if you contract a local attorney,

Abogado3044 :

But the way is it, ask for the renewal and wait the answer, and make the appeal if neccesary

Customer : Thanks. I will try. We anyway will be leaving denmark forever by this month end. So I just want my husband and child to be with me untill this month end
Abogado3044 :

Thank to you, Ask for the renewal as soon as possible

Abogado3044 :

Having your family there will be better for you, obviusly

Customer : So if we apply for extension online today, i know the final outcome will rejection because we applied after expiration but it take 3-4 months to get the decision
Customer : so can my husbnad and child remain with me after applying renewal ?
Abogado3044 :

For sure, because you are legal there until the rejection, if it is the case, becomes true

Abogado3044 :

So, as long as you are waiting, you are legal, because you are pendding on decission

Customer : I could not see snything mentuoned about fine and allowing renovation anywhere on danish immigration website so is it applicable to us ? They just write if you apply after expiration then you are illegal and can be expelled so we are worried
Customer : Can you suggest any attorney in Denmark ?
Abogado3044 :

I am spanish, CEE country, and the law says the same, you must renew 2 month before, but if you ask for it three months later, it could be rejected, but in most cases it is only the fine

Abogado3044 :

I know you are worried, but its the way you should take in order to answer the problem

Customer : Ok thanks. We will go to the DIS today itself for renewal. Thanks
Abogado3044 :

Thank you and luck

Abogado3044 :

Please to make a good evaluation of my service when you considerer it

Abogado3044 :

Have agood day

Customer : Yes. Let me veiry with DIS as ther phone support opens at 10 am today. Ofcourse I will give a goodfeedback as so far you have given me answer about CEE law and it makes sense
Customer : Can i get back to you after i speak with DIS today ?
Abogado3044 :

Yes

Abogado3044 :

I will be on line most of the time

Abogado3044 :

So, see you later on

Customer : Thanks..
Abogado3044 :

See you

Customer :

Hi there,

Customer :

I had been their but unfortunately it was closed today. Also the phones were closed. Today is some holiday it seems.

Customer :

So I will visit them on Monday and then only the picture will be clear

Customer :

I am sorry but i can not rate your answer today as I still to get confirmation on it from DIS. I will get back to you on Monday

Customer :

thank you so much and wish you goodweekend

Abogado3044 :

Hi

Customer :

hello sir

Abogado3044 :

I am not on a hurry, do not worry

Customer :

thanks. However my employer had access to a hotline number

Abogado3044 :

For me its not so important the rate as the answer of your problem

Customer :

That is really nice of you. Employer called that number and the person gave all the negative information

Abogado3044 :

I hope you got the easy answer I have tell you

Customer :

he said they may not even accept the application and that it is illegal stay and so my husband and child may be deported for 5 years

Customer :

and then those 5 years they can not visit any other country also

Customer :

I feel this is too hyper answer for just 8 days of delay

Abogado3044 :

Lets wait for the answer, I trust on and easy way

Customer :

when we are staying all the time following the law and even previous extensions were filed 3 months advance

Abogado3044 :

I really think its imposible that a silly mistake becomes a so big problem

Abogado3044 :

As I see its just imposible

Customer :

I am aware that different people at DIS give different answers . so i willwait for Monday to visit there

Abogado3044 :

Ok, see you then

Abogado3044 :

Thank you

Customer :

ya..i see you have a point because if one is banned in Denmark then he is banned in EU so means all EU countries must be having similar procedure for the extention of residance permit

Customer :

in your first answer you mentioned that there is two month time after expiration to apply

Abogado3044 :

That it is

Abogado3044 :

In my opinion it is just the same

Customer :

did you say that from Spain process or EU process ?

Abogado3044 :

In Spain, as in CEE process

Customer :

ok..because I doubt it is the case in Denmark

Abogado3044 :

In my opinion all of we have got the same rules in basis

Customer :

they clearly metion everywhere on website and forms that you must file before expiry

Abogado3044 :

I know, but the point its the fine

Customer :

ok..thank you sir for your support. I will visit on Monday and Get back to you by end of the day mostly as generally it takes full day there due to rush

Abogado3044 :

Five years for a silly mistake an to broke a family its simplely stupid

Abogado3044 :

I deny to admit so

Customer :

Knowing DIS, they are coll people and I also dont think such harsh thing for just 8 days delay

Customer :

lets see what they say on Monday

Abogado3044 :

Lets wait, yes

Customer :

If we apply on Monday, then can we also get re-entry permit ?

Customer :

because we are anyways leaving denmark on 30 May forever

Customer :

but if we get re-entry orany sort of document, it will be helpful while exiting the country

Abogado3044 :

In my opinion as long as you fill the renewal you are pefectly legal

Abogado3044 :

But do not take riskes, fill the documents up, send them to they and ask

Customer :

but when leaving for india on 30th may, do you suggest that we should have some kind of clearance to exit sort of document ?

Customer :

or application extention submitted receipt is fine ?

Abogado3044 :

Really I do not leave the country until I were sure to be legal for sure

Customer :

but we have to leave on 30th May

Customer :

as i have already resigned from my job and serving the notice

Customer :

and if we apply for extention on Monday then we are leagl right ?

Customer :

that is what you said right ? ( if i understood you correct )

Customer :

else please correct me

Abogado3044 :

Yes

Abogado3044 :

In my opinion in the same day you ask for the reneal you are legal until they do not tell you you are not, even as long as you make the appeal you are legal also

Customer :

so if we apply on Monday, we are legal, and then we can leave denmark on 30th to go back to india, Can't We ?

Abogado3044 :

No so easy

Customer :

why ?

Abogado3044 :

Because you could be legal to stay

Abogado3044 :

But not so easy to reenter

Customer :

ya..but then we are Ok not to re-enter

Customer :

and then ofcource we will not be back unless we have leagal decision from them with correct visas.

Abogado3044 :

If I were you I will no go out until to get the legal papers

Abogado3044 :

Correct

Abogado3044 :

Stay until you get the renewal with you

Customer :

but it takes 4 months for the case to opend by someone

Customer :

so after 4 months, they see our case and give decision

Abogado3044 :

In this time in my opinion you must stay

Customer :

but is it like we can not leave the country ?

Abogado3044 :

Ask they as soon as they recibe your documents

Customer :

because I have to move to Australia and I need to join it in June.

Abogado3044 :

But I recomend you no to go out if you are not sure

Customer :

I ahve already got visas for australia

Customer :

so I really dont expect to be back to Denmark sooner

Abogado3044 :

It is not the case

Abogado3044 :

The case its to be sure to reenter

Abogado3044 :

Ask them as soon as you give them the documents

Customer :

what to ask ?

Customer :

ok..I will ask them when i submit the document

Customer :

that can i leave the country

Abogado3044 :

ok

Customer :

I know that we can not re-enter unless the decision on extension has come

Customer :

but anyways we wont be entering

Abogado3044 :

I see

Abogado3044 :

You want to be out until the decission becomes

Customer :

Sorry but I am not able to understand you

Customer :

I am saying we dont want to be back

Customer :

my extension is already applied in time so I may get the re-entry permit also but my husband and childs extension we will be filed 8 days late by mistake so they will not be allowed to re-enter

Abogado3044 :

Just give them the papers and wait for the decission

Customer :

so none of us reenter unless the decision is out in say 4 months

Abogado3044 :

That it is

Customer :

I told you I can not wait 4 months and so I am asking what is the solution ?

Customer :

once you said We are legal when we apply for extention

Customer :

so why are we illegal to leave the country ?

Abogado3044 :

No no ilegal to leave

Customer :

or is it like if we leave the country, we will not be admitted in Australia ?

Abogado3044 :

You are not ilegal to leave

Abogado3044 :

And you will got no problems in austraila neither

Customer :

thats fine

Customer :

that is all i wanted to know :-)

Abogado3044 :

Thank you

Customer :

that 1) it is not illegal when we leave after applying extention 2) we will never try to enter unless wehave valid visas next time

Customer :

thanks :-)

Abogado3044 :

Have a good day

Customer :

same to you

Abogado3044 :

Thank you

Customer :

Hi, We visited there and they did not inform be the same as you told.

Customer :

they said they will have to look at the case and then decide. They took the case on fast track

Customer :

As of now, they said that they are illegal for 9 days and the decision will be rejection but they may consider under my husband;s medical situation but the officer could not say anything.

Customer :

and then we will have to leave denmark. there is no fine etc;but simply leave denmark or appeal(which we dont want)

Customer :

so it is different from what is in spain

Customer :

thanks

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