Country Update 2022: DENMARK

Contributed by: Helle Holm Thomsen (Advokat Kompagniet)

May 2022

1. Legislative Changes

Focus has been on the need for foreign workers due to laboUr shortage and there has been discussion on how to change the rules. In April 2022 a law proposal was submitted but it has not yet been passed. It will lower the yearly minimum salary under the Pay Limit scheme in areas with laboUr shortage if it is passed. 

A special act was passed on 11th of November 2021 for Afghans who had assisted Danish authorities in Afghanistan. The deadline to apply after this act has however expired. Certain family members can still apply. Evacuation of the Afghans who fell under this regulation was conducted in August 2021. The special act gives a temporary residence permit for 2 years and it is not possible to extend it. However, one can apply for asylum under normal regulation. Many have chosen to do so. The persons are entitled to work and participate in Danish education. The children can attend school. 

On 16th of March 2022 a special law for Ukrainians who had fled Ukraine was passed. It allows Ukrainians or persons who had been recognised as refugees in Ukraine to be granted a residence permit in Denmark until 17th of March 2024. The act might be prolonged for an additional year. There is a possibility to apply for asylum. However, almost none have chosen to do so. 

Few amendments have been passed in the rules relating to family reunification but none of great importance. 

2. Business Immigration

• Expected changes on the rules relating to the Pay Limit scheme. A yearly income of DKK 375.000 is expected to fulfil the requirement if it is within an area with labour shortages

• An amendment has been suggested which will make it possible for an employer to lose the right to run a business if he/she severely abuses foreign labour. The bill has not yet been passed. 

3. Family based immigration

• M.A. vs. Denmark from the 9th of July 2021 – Denmark was in breach of article 8 with the rule of a mandatory three-year waiting period for family reunification for refugees who had received generalised protection (Para. 7(3) in the Alien Act). 

• No amendments to the Danish law have been passed yet, but a bill was submitted on the 28th of April 2022 and is expected to be approved in June.

• The amendments will be that instead of a three-year waiting period it will instead be a two-year waiting period and with a possibility to change it to a three-year waiting period in a situation with a mass influx of refugees

4. Asylum

• Denmark continues with the withdrawal of residence permits from Syria from Damascus or Rif-Damascus.  

• Denmark also continues its talk with Rwanda on outsourcing the asylum system  

• It has resulted in a very low number of refugees to Denmark aside from Ukraine. 

5. Deportation

• Khan v. Denmark (no breach of article 8) – January 2021 

• Munir Johana v. Denmark (no breach of article 8) – January 2021 

• Abdi v. Denmark (breach of article 8) – September 2021 

• Avci v. Denmark (no breach of article 8) – November 2021 

6. Citizenship

• Amendments on loss of Danish citizenship if convicted of serious crimes against Denmark unless it is against international obligations (e.g. renders one stateless)