Act on temporary residence permits for displaced persons from Ukraine has been adopted in Denmark
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A new Danish act referred to as the “Special Act” has been adopted on 16 March 2022. Under the Special Act, displaced Ukrainian citizens and persons recognized as refugees from Ukraine may obtain a temporary residence permit in Denmark under certain conditions.
Foreigners with a residence permit under the Special Act are exempted from work permit requirements.
Who can obtain a residence permit under the Special Act?
A foreigner may be granted a temporary residence permit under the Special Act, section 1, if he/she:
- is a Ukrainian citizen and on 24 February 2022 or later has left Ukraine where he/she resided when he/she departed,
- on 24 February 2022 was a recognized refugee in Ukraine and has left Ukraine on 24 February 2022 or later, or
- is a Ukrainian citizen or on 24 February 2022 was recognized as a refugee in Ukraine and resided or had a residence permit in Denmark on 24 February 2022.
Furthermore, a person can obtain a residence permit under the Special Act section 2, if he/she is a close family member of a person who has been granted a residence permit under the above-mentioned conditions in section 1.
A person is a close family member if he/she is:
- a spouse or partner over the age of 18 who lives in cohabitation of a longer duration with and at the same address as a person with a residence permit under section 1,
- an unmarried child under the age of 18 of a foreigner with a residence permit under section 1 or 1. above, or
- a foreigner with close familiar relations to a foreigner with a residence permit under section 1 and prior to the departure from Ukraine has resided with the other foreigner and who must be deemed as being supported by the latter,
- a foreigner not covered by no. 1-3 who has established a family life worthy of protection with a foreigner with a residence permit under section 1, and who cohabits in a joint residence with the latter.
It is a requirement that the family life existed as per 24 February 2024.
For how long is a permit valid?
As a rule, the temporary residence permit under the Special Act is granted until 17 March 2024.
The Danish Immigration and Integration Minister may decide that permits granted under the Special Act can be extended until 17 March 2025.
How to apply?
It is a requirement that the person filing the application for a residence permit under section 1 is residing in Denmark at the time the application is filed.
For persons filing an application under section 2, it is not a requirement that he/she is residing in Denmark when the application is filed.
Application may either be filed online via www.nyidanmark.dk (using formula SL1 or SL”) or via physical application with formula SL1 or SL2.
