Denmark: Aliens Regulations
|Publisher||National Legislative Bodies / National Authorities|
|Publication Date||1 February 1984|
|Cite as||National Legislative Bodies / National Authorities, Denmark: Aliens Regulations, 1 February 1984, available at: http://www.refworld.org/docid/3ae6b4e130.html [accessed 30 May 2016]|
|Comments||This is an unofficial translated consolidation. Last amendment included here entered into force on 1 October 1995.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
I. PASSPORT OR OTHER TRAVEL DOCUMENT
Paragraph 1. A passport shall constitute a valid travel document for aliens if it satisfies the following requirements:
1. The passport shall be issued by a competent authority of the country of which the passport holder is a national, and shall bear the stamp or seal of the issuing authority. Corrections to the text shall be entered by a competent authority.
2. The passport shall contain information concerning its period of validity.
3. The passport shall be valid for travel to Denmark and for return travel to the issuing country.
4. The passport may be made out only for a single person, but cf. paragraphs 2 and 3.
5. The passport shall state the full name, date of birth, birthplace and nationality of the holder.
6. The passport shall contain a lifelike photograph of the holder. The issuing authority's stamp shall be affixed to the photograph in such a way that it is printed partly on the photograph and partly off it.
7. The passport shall bear the holder's signature.
8. The passport shall contain space for stamps.
9. A passport which is not drawn up in English, Dutch, French, German, Italian, Norwegian, Spanish or Swedish shall contain a translation of the whole text into at least one of these languages.
Paragraph 2. A passport issued to a married couple shall constitute a valid travel document if it satisfies the requirements of paragraph 1.
Paragraph 3. A passport in which a child under 16 years of age is included and which states his or her full name, sex and date of birth shall constitute a valid travel document for the child if he or she is accompanied by the adult holder of the passport.
An identity document issued by a competent Danish or foreign authority to a person who is a national of another country or stateless (an Alien's Passport or a Travel Document for Refugees) shall constitute a valid travel document for that alien if in other respects it satisfies the requirements of article 1.
Paragraph 1. A common identity document (common passport or collective passport) shall constitute a valid travel document for a group of aliens arriving with a group leader to stay here together for a relatively short time, if the group leader is in possession of a passport and each individual member of the group is in possession of proof of identity issued by a public authority.
Paragraph 2. To be valid, a common passport shall:
1. be issued by a competent authority and bear the stamp or seal thereof;
2. contain information concerning its period of validity;
3. be valid for travel to Denmark;
4. cover only persons who are nationals of the issuing country and who - unless the Aliens Directorate allows otherwise inspecial cases - may enter Denmark on an individual passport without a visa;
5. cover no fewer than five and no more than 50 persons;
6. state the full name, date of birth, birthplace, nationality and permanent address of each individual member of the group;
7. state the group leader's name and the number and date of issue of his or her passport.
Identity cards and other identity papers shall constitute valid travel documents to the extent prescribed by the Aliens Directorate.
The Aliens Directorate or, with its authorization, the police may, where this is warranted on special grounds, allow an alien to enter the country without being in possession of a passport or another travel document.
Paragraph 1. A Danish Travel Document for Refugees shall be issued on application, in accordance with the provisions of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, to an alien who is recognized in this country as a refugee pursuant to the Convention or for whom Denmark has assumed responsibility pursuant to international agreements.
Paragraph 2. A Danish Alien's Passport shall be issued on application to an alien who has a residence permit of unlimited duration or a residence permit pursuant to articles 7 and 8 of the Act if the alien is not in a position to obtain a passport or another travel document and is not entitled to a Danish Travel Document for Refugees.A Danish Aliens Passport may be issued to other aliens under corresponding conditions.
Paragraph 3. A Travel Document for Refugees or an Alien's Passport may be issued to an alien who is not permanently resident in Denmark where this is warranted on special grounds.
Paragraph 4. The issue of the said travel documents may be denied if this is deemed necessary on security grounds.
Paragraph 1. A Travel Document for Refugees and a Danish Aliens Passport shall be issued by the Aliens Directorate or, with its authorization, by the police.
Paragraph 2. If the alien has a residence permit of unlimited duration, the period of validity shall be fixed at five years. For other aliens, the period of validity shall be fixed at not more than two years;it may be extended for up to five years from the date of issue.
Paragraph 3. The Travel Document and the Alien's Passport shall bear an inscription to the effect that it is not valid for travel to the holder's home country. The Aliens Directorate may in special cases grant an exception to this rule.
Paragraph 4. Issue may be made conditional upon the surrender of the alien's previous passport or travel document.
Paragraph 5. In other respects the regulations concerning the issue of passports to Danish nationals shall apply mutatis mutandis.
II. ENTRY AND DEPARTURE CONTROL
Entry and departure may be effected only through the frontier crossing points, ports and airports approved by the Minister of Justice.Passport control in connection with entry and departure shall be exercised by the police in accordance with the detailed instructions of the Chief of the State Police.
Paragraph 1. On arrival from a non-Nordic country, aliens shall report to Passport Control. Entry shall not be deemed to have taken place until passport control has been effected.
Paragraph 2. Aliens who are not nationals of a Nordic country shall also report to Passport Control on entering Greenland, unless they are arriving from Denmark.
Paragraph 1. Aliens arriving at a Danish port or airport as members of the crew of ships or aircraft shall not report to Passport Control unless they are discharged.
Paragraph 2. Crew members may stay at the place of arrival for as long as the ship or aircraft remains there, but not longer than three months. With the permission of the police, crew members may stay at a place other than the place of arrival for a shorter time.
Paragraph 3. The police may forbid particular crew members to leave the ship or aircraft.
Shipmasters and aircraft pilots shall:
1. ensure that persons who are not members of the crew and who are not coming from another Nordic country remain on board until passport control has been effected;
2. inform the police of the presence of any stowaways on board;
3. notify the police if an alien crew member is to be discharged in this country;
4. notify the police if an alien crew member has deserted or failed to report on board;
5. at the request of the passport control authority, supply a statement in writing of the number of passengers and crew members arriving and leaving;
6. on request, supply a copy of the passenger list and crew list.
An alien shall supply the passport control authority with information from which to judge whether entry may be permitted.
Aliens shall have their passport or other travel document endorsed (visaed) for entry unless the person concerned is exempt from the visa requirement, cf. article 14.
Paragraph 1. The following aliens shall be exempt from the visa requirement:
1. nationals of Finland, Iceland, Norway and Sweden, cf. article 1 of the Act;
2. aliens covered by the regulations of the European Communities, cf. article 2 of the Act;
3. aliens who are nationals of a country with which Denmark has concluded an agreement concerning exemption from the visa requirement, cf. article 39, paragraph 2, of the Act;
4. aliens who belong to a special group of aliens who are exempt from the visa requirement by decision of the Minister of Justice, cf. article 39, paragraph 2, of the Act.
Paragraph 2. Information concerning the agreements concluded or decisions taken as specified in paragraph 1, subparagraphs 3 and 4, shall be given by the Minister of Justice in the Statstidende. A conspectus of the groups of aliens referred to in paragraph 1, subparagraphs 3 and 4, shall be published in the same organ once a year on 1 January.
A visa shall entitle the holder to enter the country unless return (refoulement) is possible under the provisions of articles 28 and 29 of the Act.
Paragraph 1. A visa shall be issued by a Danish diplomatic mission or by a consular mission authorized for the purpose.
Paragraph 2. The Aliens Directorate or, with its authorization, the police may, where this is warranted on special grounds, allow a visa to be issued by Passport Control on arrival in the country or allow an alien to enter without a visa.
Paragraph 3. The Aliens Directorate or, with its authorization, the police may grant a return travel permit to an alien who is staying in Denmark.
Paragraph 1. Where this is warranted on special grounds, a visa may, while the alien is staying in this country, be extended by the Aliens Directorate for a total stay of three months.
Paragraph 2. An application for extension shall be filed with the authorities referred to in article 36 before the expiry of the current visa.
Paragraph 1. A visa shall be so issued as to expire not later than two months before the expiry of the alien's passport or, if the alien has no passport, not later than six months before the expiry of the permit for return travel to the country which has issued his or her travel document.
Paragraph 2. If the alien is permanently resident in a country other than his or her home country, a visa shall be issued subject to the condition specified in paragraph 1 and so as to expire not later than two months before the expiry of the permit for return travel to the country of residence or, if the alien has no passport, not later than six months before the expiry of the permit for return travel to the country of residence.
Paragraph 3. The Aliens Directorate may in special cases depart from the provisions of paragraphs 1 and 2.
IV. RESIDENCE PERMIT AND WORK PERMIT
The provisions of this chapter shall not apply to nationals of another Nordic country or to aliens covered by the Ministry of Justice Notice concerning sojourn in Denmark for aliens covered by the regulations of the European Communities.
(a) Residence permit
Paragraph 1. An alien who is required to have a visa in order to enter and stay in Denmark may stay in this country beyond the period specified in the visa only if he or she has a residence permit.
Paragraph 2. An alien who, cf. article 14, is exempt from the visa requirement may enter and stay in this country for up to three months after entry. However, any time within the last six months that the alien has spent in Denmark or another Nordic country shall be deducted from that period. If the alien has a residence permit in another Nordic country, however, only time that the alien has spent in Denmark within the last six months shall be deducted.
Paragraph 3. The Aliens Supervisory Body may in special cases extend the time-limit for departure for an alien who has stayed in this country for the period referred to in paragraphs 1 and 2.
Children under 18 years of age who are permanently resident with person having custody shall be exempt from the residence permit requirement.
Paragraph 1. A residence permit under articles 7 and 8 and article 9, paragraph 1, of the Act shall be issued with a view to permanent residence in this country unless the alien applies only for a temporary residence permit.
Paragraph 2. A residence permit under article 9, paragraph 2, of the Act shall be issued with a view to permanent or temporary residence in this country. In deciding whether the residence permit is to be issued with a view to permanent or temporary residence, special attention shall be paid to the purpose of sojourn and the applicant's wishes.
Paragraph 1. A residence permit under article 9, paragraph 2, subparagraph 1, of the Act shall be issued to a minor alien with a view to permanent residence with persons other than the person having custody for the purpose of:
1. adoption which is recommended by a joint adoption council or by the Adoption Board;
2. residence with the child's nearest family, if there is a special reason why the child cannot live with his or her parents or other near relatives in his or her home country;
3. residence with others where entirely special circumstances exist and where the foster-relationship is recommended by the Social Welfare Committee on the basis of an appropriate investigation as for the adoption of alien children or, in the case of children over 14 years of age, where the foster-relationship may be regarded as satisfactory on the basis of other information.
Paragraph 2. A permit under paragraph 1, subparagraphs 2 and 3, shall be conditional upon the making of a declaration by the foster-parents that they are willing to undertake the child's maintenance.
Paragraph 3. A residence permit under paragraph 1, subparagraphs 2 and 3 [sic], with a view to adoption may not be granted before an opinion has been secured from the Family Law Directorate as to whether adoption can be expected to take place.
Paragraph 1. A residence permit under article 9, paragraph 2, subparagraph 4, of the Act with a view to undergoing training in a educational institution recognized by the authorities may be granted if:
1. participation in the training is arranged by the Ministry of Foreign Affairs or the Ministry of Education, or
2. the participation is a part of an educational program which the applicant already began in his country of origin.
Paragraph 2. The permit pursuant to paragraph 1 subparagraph 1 shall be extended until the conclusion of the study concerned, provided that the alien pursues his or her studies according to the rules of the scholarship. The permit pursuant to paragraph 1 subparagraph 2 shall be extended for a maximum period of two years provided the alien pursues his or her studies according to the rules of scholarship.
A residence permit under article 9, paragraph 2, subparagraph 4, of the Act with a view to attending a course at a public establishment of higher education or the like may be granted for the duration of the course concerned.
Paragraph 1. A residence permit under article 9, paragraph 2, subparagraph 4, of the Act may be granted for up to 12 months as part of an organized exchange of primary and youth educational programme or similar programmes.
Paragraph 2. A residence permit under article 9, paragraph 2, subparagraph 4, of the Act may furthermore be granted for a period of up to 12 months to students attending basic or youth educational programmes or similar programmes, if special circumstances so warrant in other respects.
Paragraph 3. If very special circumstances so warrant, the permit given under paragraphs 1 and 2 can be extended for up to 12 months.
Paragraph 1. A residence permit pursuant to articles 24, 25 and 26 shall be conditional upon the applicant's maintenance through his or her own resources, a scholarship, a study loanor the like.
Paragraph 2. For children under the age of 18, the residence permit is furthermore conditional upon a declaration by the educational institution that the institution will be responsible for providing the student with a proper residence in Denmark for the duration of the permit.
A residence permit shall be granted for not longer than one year. After two years' stay, however, a residence permit of limited duration may be granted for a longer period. The provisions of article 18 shall apply mutatis mutandis.
Such conditions may be imposed in connection with a residence permit as the purpose of sojourn, the alien's own circumstances or considerations of security or health dictate.
(b) Work permit
Paragraph 1. Aliens shall, except in the cases referred to in article 13, paragraph 1, of the Act, be required to have a work permit for work on the territorial sea and the continental shelf.
Paragraph 2. A work permit may not be granted to children under 16 years of age unless this is warranted on special grounds.
Paragraph 1. The following aliens shall be exempt from the work permit requirement:
1. The aliens referred to in articles 7 and 8 and article 14, paragraph 1, of the Act;
2. Persons employed at foreign diplomatic missions or consular missions sent from abroad or in organizations and institutions covered by the Act concerning the rights and immunities of international organizations, etc., and servants employed in the personal household of such persons;
3. Personnel on board foreign trains and motor vehicles in international traffic.
Paragraph 2. The following aliens shall be exempt from the work permit requirement for a period of three months after entry:
1. scientists and lecturers, in respect of teaching or similar activity for which they are invited;
2. artists - with the exception of variety performers, restaurant musicians and the like - and professional athletes;
3. representatives on business journeys to this country on behalf of foreign firms or companies which have no business office here;
4. fitters, consultants and instructors who have entered the country in order to assemble, inspect or repair machinery, equipment or the like or to advise about its use;
5. persons employed in the personal household of aliens who stay in this country on a visit for up to three months.
Paragraph 1. A work permit shall be granted to the aliens referred to in article 9, paragraph 1, subparagraphs 1-3, of the Act, but cf. paragraph 2.
Paragraph 2. Members, referred to in article 9, paragraph 1, subparagraphs 2 and 3, of the Act, of the families of aliens who have a residence permit of limited duration may not obtain a work permit until after two years' continuous residence in this country. This shall not, however, apply to such members of the families of the aliens referred to in articles 7 and 8 of the Act.
Paragraph 3. A work permit may also be granted to aliens covered by article 9, paragraph 2, subparagraphs 1 and 3, of the Act.
The foreign students referred to in article 24 may obtain a work permit entitling them to take employment in the months of June, July and August. After 18 months' residence they may obtain a permit for employment in part-time work for up to 15 hours a week.
A work permit shall be granted to aliens other than those referred to in articles 31 and 32 only where substantial considerations of employment or business so warrant.
Paragraph 1. Aliens who obtain a work permit pursuant to article 31 shall be granted an unconditional work permit.
Paragraph 2. Other aliens shall be granted a work permit for employment in a particular kind of work and/or for a particular employer. The permit may be amended by the Aliens Directorate for another kind of work and/or for another employer.
Paragraph 3. Other conditions may be laid down in connection with the permits referred to in paragraph 2, cf. article 16 of the Act.
A work permit shall be valid for the same period as the alien's residence permit, save as otherwise specified by the permit.
(c) General provisions concerning residence permits and work permits
Paragraph 1. An application for a residence and work permit shall be filed with a Danish mission in the applicant's home country or in the country in which the applicant has been continuously resident for the last six months.
Paragraph 2. An application may, however, be filed in this country in the following cases:
1. if the alien is covered by article 7 or 8 or article 9, paragraph 1, subparagraph 1, of the Act;
2. if the alien is cohabiting in wedlock with a Danish or Nordic national permanently resident here or another alien who has a residence permit of unlimited duration;
3. if the alien is a minor child who is permanently resident with the person having custody and this person is a Danish or Nordic national or another foreign national with a residence permit of unlimited duration;
4. if special circumstances so warrant in other respects.
Paragraph 3. An application from an alien who is covered by article 7, paragraph 3, of the Act may be filed with a Danish mission in the country where the applicant is staying.
Paragraph 4. An application pursuant to paragraph 2 shall be filed with the Aliens Directorate. If the applicant is resident or staying outside Copenhagen, Frederiksberg or Copenhagen district, however, the application may be filed with the Aliens Directorate through the competent chief of police if the applicant so wishes.
Paragraph 5. The application shall be filed before the expiry of a current visa or not later than 15 days before itbecomes a requirement to have a permit.
Paragraph 6. An application for extension shall be filed not later than 15 days before the expiry of the permit and may be filed in this country.
Paragraph 1. Except in the cases referred to in article 31, an application for a permit to work for an employer shall be accompanied by a contract of employment.
Paragraph 2. In the cases referred to in article 33, the contract shall be approved by the local labour exchange unless the Minister of Labour has allowed an exception to this rule.
(d) Specific provision concerning residence permits relating to adoption
Paragraph 1. Decision on the grant, extension, lapse and revocation of the residence permitunder article 33, paragraph 1 subparagraph 1, is made by the Regional State Authority [Statsamt] located at the address or residence of the adoptants. If the adoptants do not have an address or residence in this country, the [Statsamt] located at the place, where the appplicants are presumed, on the basis of the application, to have their address or residence makes the decision. If it is not possible to establish, on the basis of the application, where the applicants have their address or residence in this country the Copenhagen State Authority [Københavns Overpræsidium] will maka the decision on the case. The Aliens Directorate may in special cases authorise an other Regional State Authority [Statsamt] to make the decision in the case mentioned.
Paragraph 2. Application for a residence permit or an extension of a residence permit is to be filed at the [Statsamt] which is to make a decision on the case under paragraph 1. If the adopted child has no address or residence in this country, the application is to be filed at the Danish mission in the country of origin or in the country in which the adopted child has resided permanently for the last 6 months. The application is to be sent by the mission to the Copenhagen State Authority [Københavns Overpræsidium] which transmits the application to the Regional State Authority [Statsamt] which is to make a decision on the case under paragraph 1.
The [Statsamt] which is to make a decision on the case under paragraph 1, can depart from the regulations in article 18, paragraphs 1 and 2, cf. article 27.
Paragraph 1. The decision made by the Regional State Authority [Statsamt] under article 37a, paragraph 1, may be appealed to the Aliens Directorate.
Paragraph 2. The decision made by the Aliens Directorate is not appealable to other administrative authorities.
The Aliens Directorate may lay down more detailed rules and make a decision on the procedure of the cases mentioned in article 37a, paragraph 1.
V. FAROE ISLANDS AND GREENLAND
A visa, a residence permit and a work permit shall not be valid for the Faroe Islands and Greenland unless expressly endorsed to that effect.
VI. MISCELLANEOUS RULES CONCERNING EXPULSION AND RETURN (REFOULEMENT)
A ban on entry in conjunction with expulsion under article 24, paragraph 5, and article 25 of the Act or with return (refoulement) under article 28, paragraph 2, cf. paragraph 1, subparagraphs 4 and 5, of the Act shall be imposed for up to three years.
Paragraph 1. Decisions on return (refoulement) upon entry, cf. article 28, paragraph 1, and article 29, paragraphs 1 and 2, of the Act, may be taken by the competent chief of police (the Director of Police).
Paragraph 2. Decisions concerning the application of measures under articles 30, 34 and 36 of the Act shall be taken by the competent chief of police (the Director of Police) or by the Chief of the State Police.
Paragraph 3. An appeal from the decisions of the police under paragraphs 1 and 2 shall lie to the Minister of Justice.
VII. CONTROL PROVISIONS ETC.
Aliens who have reached the age of 16 years and who are not nationals of a Nordic country shall carry their passport or other travel document at all times during their stay in this country. If a special residence permit has been issued to the alien, this shall be carried instead.
The police may instruct aliens to report to the police at specified times where this is justified by considerations of State security or the maintenance of law and order.
Paragraph 1. A person who runs a hotel, boarding-house, hostel or camp site shall supply the police with a notice of registration of arriving aliens. The Chief of the State Police shall lay down detailed regulations on this subject.
Paragraph 2. The registration requirement shall not apply to the following aliens:
1. nationals of another Nordic country;
2. nationals of an EC country (Belgium; France; Germany, Federal Republic of; Greece; Ireland; Italy; Luxembourg; Netherlands; United Kingdom of Great Britain and Northern Ireland);
3. aliens under 16 years of age.
Paragraph 1. The notice of registration shall contain particulars of the alien's full name, date of birth, nationality, occupation, permanent address, date of arrival, previous and next place of sojourn, and type of travel document of which the alien is in possession.
Paragraph 2. The travel document shall be required to be produced for a check on the correctness of the particulars given.
Paragraph 3. The notice of registration shall be signed by the alien and by the landlord or landlady or his or her representative.
Paragraph 4. The notice of registration shall be made out on a form for each individual alien. For participants in conducted tours, however, the police may allow lists to be used instead, which shall be signed only by the group leader and by the landlord or landlady or his or her representative.
Paragraph 5. The notice of registration shall be handed over or sent to the police within 24 hours after the alien's arrival. The cost of forwarding shall be paid by the police.
Paragraph 1. A person who runs a hotel, boarding-house, hostel or camp site shall also enter in a special register of guests the particulars referred to in article 44, paragraph 1, concerning all foreign guests who have reached the age of 16 years.
Paragraph 2. The entry shall be made immediately after the alien's arrival. Immediately after his or her departure, the date thereof shall likewise be entered in the register.
Paragraph 3. The register of guests shall be kept for two years after it is filled up.
Paragraph 4. The police may allow hosts or hostesses to enter foreign guests in a card index approved by the police instead of the register of guests.
The police may require other hosts or hostesses who provide aliens with a night's lodging against payment or free of charge to keep a register of guests in accordance with the rules laid down in article 45.
Paragraph 1. The design of the forms, registers and card indexes referred to in articles 44 and 45 shall be determined by the Aliens Directorate.
Paragraph 2. The cost of purchasing forms, registers and card indexes shall be borne by the host or hostess.
Paragraph 3. Forms etc. shall be completed clearly in ink, ballpoint or typing.
VIII. PENAL PROVISIONS
Paragraph 1. Any person who contravenes article 8, article 10, paragraph 2, article 41, 43, 44 or 45 or a requirement imposed under article 10, paragraph 3, article 42 or 46 or article 47, paragraph 3, shall be liable to a fine.
Paragraph 2. Any person who contravenes article 11 shall be liable to a fine or to mitigated imprisonment unless a heavier penalty is incurred under article 59, paragraph 3, of the Act.
Paragraph 3. Any person who disregards the conditions which are attached under article 28 or article 34 to a residence permit or work permit shall be liable under article 60, paragraph 1, of the Act to a fine or, under aggravating circumstances, to mitigated imprisonment.
IX. PROVISIONS CONCERNING ENTRY INTO FORCE
The Notice shall enter into force on the day after its publication in the Lovtidende.