When you apply for an extension of your temporary residence permit granted on the grounds of family reunification of spouses, the collateral guarantee must also be extended in certain cases.
When must the collateral guarantee be extended or posted anew?
In cases of family reunification with a spouse or cohabiting partner in Denmark pursuant to section 9 (1) (1) or Section 9 c (1) of the Aliens Act your spouse/partner has normally posted a collateral guarantee in connection with you being granted residence permit.
If the collateral guarantee is posted before 1 January 2011, the guarantee must not be extended or posted anew.
When the following three conditions are present, your spouse/partner must either extend the collateral guarantee or post a new guarantee:
- your spouse/partner has posted a collateral guarantee after 1 January 2011 in connection with your original residence permit,
- the collateral guarantee has a total validity of less than 10 years from the start date of the initial guarantee, and
- the collateral guarantee has expired or expires within 12 months.
The collateral guarantee must be extended or posted anew so that the guarantee has a validity of 10 years from the date of the initial guarantee. Until this time, your residence permit can not be extended beyond the period when the guarantee is valid.
There are some cases where the collateral guarantee expires before the temporary residence permit expires. Normally an expired collateral guarantee can not be extended, and instead the guarantee must be extended or posted anew.
The Danish Immigration Service can not extend a residence permit for less than 6 months. If a collateral guarantee expires within 12 months from the date on which an application for extension of a residence permit is submitted, the guarantee must be extended.
When a collateral guarantee has been posted for 10 years from the start date of the original guarantee, a guarantee is no longer required.
How is a collateral guarantee extended or posted anew?
Your spouse/partner must contact his/her bank when the collateral guarantee is to be extended or posted anew.
The collateral guarantee is extended for the same amount as the initial guarantee. The same applies if a new collateral guarantee is posted because the original guarantee has expired. If the amount of the previous guarantee has been reduced by the municipality of residence, a new guarantee or extension of a guarantee must be made only for the amount of the prior guarantee. Therefore, in connection with the extension of the residence permit, the amount of collateral guarantee is not to be adjusted.
Your spouse/partner must send the collateral guarantee to the municipality of residence to obtain the municipality’s approval of the guarantee.
When you apply for extension of your temporary residence permit, you must include documentation that the collateral guarantee has either been extended or posted anew. The documentation must state that the collateral guarantee has been approved by the municipality in which your spouse/partner lives.
All questions about your spouse’s/partner’s collateral guarantee are addressed to the municipality in which he/she lives.
All expenses related to the collateral are to be paid by you as spouses/partners.
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