Country Update 2025: DENMARK

Contributed by: Helle Holm Thomsen (Holm/Thomsen Law)

May 2025

1. Legislative Changes

As mentioned in the Country Update from 2024 a new law proposal on Family-based Immigration was launched on April 14, 2024. It was adopted and came into force on July 1, 2024.

Apart from the prolonging of the Ukrainian Special Act no other important law proposals has been passed or suggested.

2. Business Immigration

There have been minor adjustments but no new regulations.

On the back of Brexit and the many service providers from the UK a new application form has been launched in October targeted at third-country nationals entering Denmark without a Danish employment contract but still employed (or self-employed) in their home country. They still have to meet the requirements under one of the work permit schemes (pay limit or positive list), they must have a contract (in general) with someone in Denmark and during their stay in Denmark they must be paid according to Danish standards and employment terms.

Adjustments in SIRI’s practice has been announced for professional athletes and coaches as to who is considered associated personnel and who can be exempted from work-permit requirement for a period of 90 days for the practice and training of sports, including test training.

In practice, 'associated personnel' currently includes personnel accompanying athletes and coaches during their stay in Denmark, e.g. a masseur, a team leader, a chef, etc.

In the assessment of “associated personnel”, SIRI will in the future take into account the special needs of the individual sporting event to a greater extent, so that the practice follows the natural development in the professional sports area in Denmark.

Further new types of sporting events, such as e-sports events, are primarily taken into account, so that these can be carried out on the same terms as other sporting events in Denmark. This means that SIRI will in the future expand the interpretation of “associated personnel” so that personnel who perform tasks at a specialized level of knowledge to support the sporting event as a whole will also be exempt from the work-permit requirement.

3. Family based immigration

From July 1, 2024, new rules were introduced regarding family-based immigration.

The main points in the new law are:

1. Danish citizens living abroad wanting to return to Denmark with their third country spouses will be governed by the same rules applicable to third country nationals who get a work permit in Denmark and apply for family reunification for their accompanying family members in certain situations. Today they must meet a full list of requirements to obtain family reunification compared to third country national who moves to Denmark on a work permit visa and who is entitled to bring their spouses without any additional requirements. It is however a prerequisite that the returning Danish national has certain employment qualifications. An assessment will be made of whether the returning Danish national will meet the conditions for obtaining a work permit after e.g. the Pay Limit scheme, the Positive List or the Fast-track scheme. 

2. The language requirement for the spouse in Denmark is adjusted. Today, as a general rule, it is a requirement that the spouse in Denmark has passed a test in Danish 3 or a similar test at the same or at a higher level. If the law is adopted, it will be possible to meet the Danish language requirement in two ways, either

✔  By passing the Danish test – Danish 3 or equivalent or higher, or

✔  By being in ordinary full-time employment for at least 5 years or as self-employed business owner in Denmark with significant communication in Danish.

It will still be possible to obtain an exemption if Denmark's international obligations require it.

3. It is a requirement for family reunification to post collateral in the form of a financial guarantee. The requirement for collateral is halved.

   Today, a financial guarantee of DKK 113,823.30 must be provided. This will be reduced to DKK 57,000 (2024 level) if the law is adopted.

   The guarantee will still be reduced in the same way as today if the spouse (the applicant), after being granted a residence permit in Denmark, passes a series of Danish tests within a specified deadline.

4. Asylum

The first cases regarding Ukrainians who have applied for asylum have been tried. The Refugee Appeals Board has taken decisions in three trial appeals cases in which the Immigration Service had rejected their claim.

The Refugee Appeals Board has maintained the decision of the Immigration Service, taking into account the general level of violence and the options for an internal flight alternative. They considered that the general level of violence in Kharkiv was of such intensity as to be sufficient to pose a real risk of treatment reaching the Article 3 threshold. However, due to the option of internal flight alternative they still rejected the application.

They also considered the risk to deserters and people avoiding military service. The Board concluded that even though there was a risk of mobilization, the punishment and consequences of not complying with it were not so severe that they would fall under the Refugee Convention or ECHR art. 3. Neither were the prison conditions in Ukraine.

As to Syrian refugees, the Refugee Appeals Board and the Immigration Service have decided to put all cases on hold where there is a question as to whether they can have their residence permits extended. This affects both applications for permanent residency, family reunification, and applications for the extension of their residence permit, despite the fact that many of them would clearly not have their residency withdrawn since they are protected by ECHR art. 8.

5. Deportation

Denmark is short of personnel for the prisons as well as prison cells. Therefore, they have rented 300 prison cells in Kosovo for foreigners who have been convicted and expelled (in connection with the conviction) from Denmark. Some of them might have asylum claims that will have to be handled after serving the sentence. The prisons are governed by Danish rules but run by Kosovo Albanians who are being taught by Danish personnel. Denmark is responsible for the return of the persons.

6. Citizenship

No major issues in this area.