If you receive a refusal from the Danish Immigration Service (Udlændingestyrelsen) or SIRI, the deadline for appealing to the Immigration Appeals Board (Udlændingenævnet) is generally 8 weeks from the date you were notified of the decision. It is very important to comply with this deadline, as a late appeal will normally be rejected.
When appealing to the Immigration Appeals Board, questions often arise regarding the departure deadline stated in the original refusal. In some cases, an appeal may have suspensive effect, meaning that you are allowed to stay in Denmark while the appeal is being processed, even if your departure deadline is approaching. Whether suspensive effect is granted depends on the type of case and the rules under which the decision was made.
In EU cases, special rules apply. If you have received a refusal under EU law and submit your appeal within 7 days of the decision date, the appeal will generally have automatic suspensive effect. This means that the departure deadline is put on hold while the Immigration Appeals Board processes the case.
However, this does not necessarily apply to refusals issued under Danish national rules on residence and family reunification. In such cases, the question of suspensive effect is assessed on a case-by-case basis, and there is no automatic right to remain in Denmark during the appeal process.
For this reason, many applicants choose to contact an immigration lawyer in Denmark or an immigration lawyer in Copenhagen to quickly assess the case and ensure that the appeal is submitted correctly and within the deadline. A lawyer experienced in Immigration Appeals Board cases (Udlændingenævnet) or appeal cases in general can also assist with applying for suspensive effect and argue legally why the applicant should be allowed to remain in Denmark during the processing of the case. A legal advisor experienced in immigration appeals can also assist if you have received a refusal from the Danish Immigration Service or SIRI. An Immigration Appeals Board lawyer might also help you. A lawyer in refusals can also help you.
