Why is the child’s place of residence so important?
One of the central requirements for family reunification with a child is that the child must generally live with the parent applying for a residence permit for the child. If the child does not already live with you, the authorities will examine whether there is a genuine intention and possibility for the child to move to Denmark and become part of your household. That is why many choose to seek legal advice to ensure that the documentation is correct and sufficient. With the right legal help, you can avoid mistakes that may lead to delays or refusals of the application.
It is not only about legal custody, but also about:
- Who has had daily care of the child?
- How long has the child lived elsewhere?
- What is the contact between you and the child like?
In such situations, an immigration law lawyer in Copenhagen can help document the circumstances correctly and highlight the relevant legal arguments.
Can you still get family reunification?
Yes, but it depends on a specific assessment. The authorities pay particular attention to:
1. Custody
If you have full or shared custody, it strengthens your case. But it is not always enough on its own.
2. Contact and relationship
Frequent contact, financial support, and documented involvement in the child’s life are crucial.
3. The best interests of the child
This is a central principle. The authorities assess whether it would be best for the child to move to Denmark.
4. Special circumstances
For example:
- If the other parent is unable to take care of the child
- If the child’s conditions in their home country are problematic
- If the child wishes to live with you
Typical challenges in these cases
Many applications are refused because the documentation is insufficient. Here are some of the most common mistakes:
- Lack of evidence of daily contact
- Unclear custody arrangements
- No documentation of future residence in Denmark
- Lack of explanation as to why the child does not already live with you
How to strengthen your application
To increase your chances, you should:
1. Document the relationship
Provide evidence such as:
- Visitation arrangements
- Communication (messages, calls)
- Money transfers
2. Explain the situation clearly
Why does the child not live with you today? And what will change?
3. Document the future plan
Show how the child will be integrated in Denmark – housing, school, and network.
4. Obtain legal advice
An experienced advisor can make a significant difference. At Copernica Law, we work specifically with complex family reunification cases and help you avoid the mistakes that often lead to refusals.
What happens if you receive a refusal?
A refusal is not necessarily the end of the case. You can:
- Appeal the decision
- Submit new documentation
- Reapply with a stronger case
However, it is important to act quickly and strategically, as there are deadlines for appeals.
Conclusion
Family reunification with a child, when the child does not live with you, is a complex process where documentation and argumentation are crucial. The authorities always make an individual assessment focused on the best interests of the child. That is why it is important to prepare the case thoroughly and ensure that all relevant matters are addressed.
FAQ
1. Can I get family reunification if my child does not live with me?
Yes, but it requires documentation of the relationship, custody, and that the child will live with you in the future.
2. What do the authorities place the most weight on?
The best interests of the child, your relationship with the child, and whether the child will realistically move to Denmark.
3. Is custody enough for approval?
No, the authorities also look at the actual care and contact.
4. What do I do if I receive a refusal?
You can appeal or reapply with better documentation and a stronger case.
5. Why is documentation so important?
Because the authorities assess the case based on concrete evidence – not just explanations.
