Revocation of Residence Permit After Divorce: What Happens?

If your residence permit was granted on the basis of spousal reunification, and the marriage ends in divorce, the authorities can open a revocation case under § 19 of the Aliens Act. But it is not automatic.

When does revocation occur?

Revocation can occur if the basis for the residence permit is no longer present. In spousal reunification cases this typically means:

• Divorce or separation.
• Actual termination of cohabitation.
• Discovery of a sham marriage.

When can the permit still stand?

Even after divorce, the permit can be maintained if special circumstances apply. Case law from the Immigration Appeals Board recognises, among other things:

• Long-term cohabitation: If the marriage lasted several years (typically 4-6+ years), the attachment to Denmark may be considered sufficiently independent.
• Domestic violence: If the divorce is caused by violence or other abuse, you can be protected from revocation. Police reports or restraining orders strengthen the case.
• Regard for common children: If you have contact or custody of common children, the child’s best interest weighs heavily.
• Independent attachment: Employment, Danish language skills, education, and social networks can constitute independent attachment.

The process

1. The authority becomes aware of the divorce (e.g. via the civil registry).
2. You receive a notification with opportunity to submit information.
3. The authority decides whether to revoke or maintain the permit.
4. On revocation: 8-week appeal deadline to the Immigration Appeals Board.

What should you do?

• React quickly to the notification — it is your only real chance to submit documentation before the decision.
• Gather evidence of attachment: employment contracts, payslips, lease agreements, Danish course certificates, social activities.
• In cases of violence: obtain police reports, medical certificates, witness statements.
• Get legal help as early as possible — even before the notification.

What if revocation happens anyway?

The appeal to the Immigration Appeals Board is your next option. Read more about our work with appeals at the Immigration Appeals Board and contact us for individual assessment.