Parent of a Danish child

• The applicant must be the parent of a child under 18 who is a Danish citizen.
• There must be what is known as a qualified relationship of dependency between the child and the applicant. This means that the child would in practice be forced to leave Denmark and the EU if the applicant were refused.
• It is the best interests of the child that decide whether the applicant can be granted a residence permit.

If the child lives with both parents and the other parent is a Danish citizen, there is a presumption that a relationship of dependency exists when you share the day-to-day care and support of the child. The presumption can be rebutted, and there must be a genuine and stable family life. If the child does not live with both parents, the Danish Immigration Service makes an individual assessment based on factors including the child's age, development, emotional attachment to each parent and the risks involved in a separation.

nyidanmark.dk does not list the 24-year requirement, the housing requirement, the self-support requirement, collateral, the integration requirement or the Danish language tests as conditions for this permit. What matters is the relationship between the applicant and the child.

Among other things, the application must include a copy of all pages of the applicant's passport, and documentation of parenthood and of the child's Danish citizenship. If the child or one of the parents has a disability, a serious illness or special needs, this can also be documented.

• Fee: No fee is payable when you apply for a derived right of residence.
• Processing time: The expected maximum processing time is 10 months.

The permit is temporary. The first permit is valid for 2 years, the next for 4 years and after that for 6 years at a time, as long as the conditions are still met. Extensions are applied for on form SG4. If the child turns 18 before the permit expires, it is only valid until the child's 18th birthday. As a general rule, a permit cannot be granted on this basis once the child has turned 18, but in some cases an extension can be granted on the basis of personal circumstances that would make a refusal particularly hard.

The applicant may work for the whole period the permit is valid.

The Danish Immigration Service tends to present it as if the applicant's rights only apply once it issues the residence permit. That is not correct. The Court of Justice of the European Union has ruled several times that the right of residence arises the moment there is a relationship of dependency between the child and the parent, and that the residence permit does not create the right. It merely confirms a right that already exists, in the same way as an EU residence card. A physical residence permit from the authorities is therefore not an absolute requirement for the right of residence.

If the applicant is married to or lives in permanent cohabitation with the child's other parent in Denmark, you can apply for family reunification of spouses instead, either from the start or later, for example when the derived right of residence cannot be extended because the child has turned 18. That is then a new application, and all the usual requirements for family reunification of spouses apply.

The application is made on form AO1, which is available as a Word and a PDF version. If the applicant is staying legally in Denmark, the application can be submitted here; otherwise it is submitted at a Danish mission abroad or an outsourcing office in the country where the applicant lives. The applicant must normally have their fingerprints and a facial photo taken (biometric features). Read more on nyidanmark.dk.