Please take a moment to familiarise yourself with the forum guidelines: http://forum.wordtravels.com/discussion/17906/word-travels-guidelines-for-forum-posts/
Check out our country and city guides at www.wordtravels.com

Stranded with Danish baby

Hi everyone, I'm glad for the good job done here. My friend was helped here so I'm also requesting for advise.
I am from Kenya (east Africa)
I have a child with a Danish man who passed away 2years ago. I went with the baby to the Danish embasay and since my marriage to his father was legal, my baby was given Danish citizenship and now he was given a Danish passport. . I would like to relocate and live in Denmark so that my baby have access to schooling and other social benefits as well as I be able to work for us. Someone told me that I can apply for a visit visa then I can stay there, but I have read online that they nolonger allow a visitor Visa holder to apply for any other permit while in Denmark, a visitor must return home. Then I saw that I could apply for a family reunification visa, but online it says that one to qualify for that, he must have a Danish family member residing in Denmark and he must have strong attachment to denmark like speaking the Danish language, have a job and others that I don't meet.

What should I do to raise my child in Denmark? Please help me. His grandparents are alive in Denmark and we are in contact. ,Can that be of any help? Lastly we tried with my husband for me to have a visa to denmark in 2016, it was a refusal reason being my intention to Leave the territory could not be satisfied. We applied for Italian visa since my husband had a house there but it was also refusual the lady said that there was a comment on my name made by the Norwegian embasay and according to that they couldn't give me a visa either! I wonder what comment it was. Because my refusual of the visa to denmark was understood because I didn't mention any of my belongings in Kenya like property or my business because I thought being married to a Danish was enough to travel with him.

So please advise me, can those 2refusuals affect me this time if I want to reside in Denmark? Also what are my rights as mother of a Danish child?
Thank you very much

Comments

  • @Pat567

    Firstly the Italians had no right to refuse you, they cannot refuse the spouse of an EU national any way that time has passed

    For you to go to Denmark you need to apply for a D visa

    These are the documents you need to supply :-

    1. Passports and passport photos for you
    2. Marriage Certificate
    3. Death Certificate
    4. Birth certificate
    5. Evidence of accomodation in Denmark from the grand parents
    6. Evidence that grandparents are Danish and reside in Denmark Certified copy of their passports and bills witheir address or a local council letter.
    7. Letter of support from grandparents, they must state that their grandchild is prevented from living in Denmark and seeing the grand parents because you are a non Eu citizen.

    Please read this, its very important if you dont understand you can ask me questions.

    https://www.ein.org.uk/news/ecj-non-eu-parent-eu-citizen-child-may-rely-derived-right-reside-eu
    This is a very important piece of EU law.
    There is also the EU law case of ZAMBRANO

    The EU Court of Appeal has confirmed that the Zambrano right to reside arises as soon as
    non-EEA national becomes the primary carer of an EEA citizen. This means that such a
    person automatically acquires the right to reside and to work in an EU country.

    The Court concluded from Article 20 TFEU that an EU Member State cannot
    refuse a work permit and the right of residence within its territory to a Non EU citizen
    whose minor child/children, are nationals of that Member State, are dependent, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of citizen of the EU.

    The Chavez-Vilchez and Others v Netherlands C-133/15, OF May 2017 reinforces the European Court of Justice ruling of Zambrano

    There are other cases where the Court of Justice EU (CJEU) upheld the rights of parents to live in the EU with their Non EU parents who are refered to as Third Country Nationals.

    There is also the case of ZH Tanzania.

    These judgements should be put with your application.
  • God bless you 😀 I will get back to you when something happens. Thanks so much
  • Dear, thanks for everything.
    I got the relevant information as mentioned and contacted the embasay to apply for a D-visa. Unfortunately the consular officer there said they can't do anything for me. That I should contact the Danish immigration office in Denmark. . That it's them to decide about my case. I tried to check online about the Danish Immigration office but I can't find directions to my exact situation. I can't find any options about a mother and child outside Danmark that need to relocate. I only see claimiing residence while already living in Denmark. What should I do dear?

    Thanks for
  • edited June 28
    @Pat567
    Did you provide the consular officer all the case law I had given you? Was the Consular officer Dabish or locally employed staff?
    You should be at least allowed to make an application. You are the mother of a Damish citizen they cannot refuse.
    I will look the best way to move forward. Does your child have family in any other European country but Denmark?
  • Unfortunately they didn't even allow me to do the application or provide any information, they said it's the Danish immigration service to handle that. I spoke to the consular officer, European guy. He also said that, if I go with a visa, I won't be allowed to apply for residence, that I need to contact immigration for the descision. I asked him that if the child is a Danish why can't she have the right to reside in Denmark? He said yes she should, then I asked how can she go without a mother? He said he that is for the immigration to answer.
    Yes the grandparents are alive in Denmark but too old to do much for me.
  • Ohh I had not read well, the child's family is all in Denmark
Sign In or Register to comment.