This post is to request advice on Denmark's continuing refusal to accept ECJ rulings on Free Movement of EU citizens & their family members.
Background: the ECJ recently ruled to the effect that: "A non-community spouse of a citizen of the Union can move and reside with that citizen in the Union without having previously been lawfully resident in a member state. The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State."
Situation: I am a British citizen working in Denmark and wish to bring my non-EU (and non-EU resident) wife over here. Advice I have received as of today from all relevant authorities (Immigration Service and State Administration - who deal with EU free movement) is that she CANNOT receive residence under the Free Movement Directive because she is not already resident in the EU. Rather, we must apply under Danish national immigration law.
Therefore, it seems that unlike Ireland, Denmark is not accepting the ECJ's Metock ruling and continues to apply the "prior residence" requirement.
Has anyone faced a similar situation?
Can anyone advise what we can do?
(NB: please don't say "enter Denmark via another EU country" because, frankly, the law is clear and Denmark does not accept tourist visas as proof of prior residence).
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
