Denmark: Act of 1995 on Temporary Residence Permits for Certain Persons From former Yugoslavia, etc.

The following is an enactment of the Act on temporary residence permits for certain persons from former Yugoslavia, etc., cf. Consolidated Act. No. 893 of 27 October 1994 with the amendments following from Act No. 33 of 18 January 1995 and Act No. 34 of 18 January 1995.

1.

(1) Subject to agreement with the United Nations High Commissioner for Refugees (UNHCR) or a similar international organisation, the Government may invite a number of particularly distressed persons from former Yugoslavia to stay in this country for the purpose of receiving medical treatment or other help that cannot be provided in the area where such persons are staying.

(2) The selection of the persons to be invited to Denmark shall take place in co-operation with UNHCR or a similar international organisation.

(3) The persons mentioned in subsection 1 are granted a residence permit with a view to temporary residence for a duration of 6 months.

(4) The Government may decide to enter into agreements with UNHCR or a similar international organisation on similar arrangements for particularly distressed persons from other areas that have been overtaken by acts of war or similar disturbances.

2.

(1) Upon application, a residence permit pursuant to this Act may be extended. In the decision of whether a residence permit shall be extended, it shall be considered if the circumstances underlying the residence permit still exist. It shall also be considered if, due to acts of war or similar disturbances in the area to which the applicant may otherwise return, the person in question must be assumed to need continued, temporary protection in this country.

(2) The permit can be extended for 6 months at a time.

3.

(1) A person holding a residence permit pursuant to this Act may carry out tasks in connection with the accommodation centre where the person is accommodated, cf. section 7(2), and co-operate in the implementation of the teaching offered pursuant to section 5.

(2) A residence permit pursuant to this Act gives no right to take paid or unpaid employment, nor to be self-employed, nor to provide services with or without remuneration in this country. However, a person holding a residence permit pursuant to this Act may participate in unpaid humanitarian work or other similar, voluntary work.

(3) A person holding a residence permit pursuant to this Act may take employment in connection with a specially arranged training and work programme. A person holding a residence permit pursuant to this Act may also take up employment in connection with a training programme arranged as part of the teaching offered pursuant to section 5 of the Act. A person holding a residence permit pursuant to this Act may also take up paid employment if the position in question has been offered through the employment service, relevant trade papers or in a similar manner for 3 months without being filled.

(4) The Minister of the Interior may lay down more detailed provisions on the manner in which persons with a residence permit pursuant to this Act may take up employment as mentioned in subsection (3).

(5) The Minister of the Interior may lay down more detailed provisions on the extent to which persons who take paid employment pursuant to subsection (3) may have their own and their household's maintenance costs covered by the Directorate of Immigration, and on the extent to which the persons in question shall pay for their own and their household's maintenance and teaching offered pursuant to section 5, as well as the expenses mentioned in section 7 b. The Directorate of Immigration can lay down guidelines for the calculation of the expenses mentioned in clause (i), including average fees for a certain service over a given period. An order on an alien to pay the expenses mentioned in the first clause is subject to a right of distraint.

(6) Subject to negotiation with the Minister of Social Affairs, the Minister of the Interior may lay down more detailed provisions on the extent to which persons who have been granted a residence permit under this Act are covered by the Act on insurance against the consequences of industrial injuries. The costs involved will be borne by the State.

(7) The Minister of the Interior may lay down more detailed provisions on compensation for damage caused by the persons covered by the first clause of subsection (3) on third parties or their belongings in the course of the specially arranged training and work programme. The cost involved will be borne by the State.

4.

(1) A person holding a residence permit pursuant to this Act has no claim to receive family members in this country.

(2) Subject to application in special cases of humanitarian nature, close family members of the persons covered by sections 1, 15 and 15a may, however, be granted a temporary residence permit in this country.

(3) An application for a temporary residence permit pursuant to subsection (2) must be submitted to a Danish representation in the applicant's country of origin or in the country where the applicant is staying. In very special cases, however, applications may be submitted in this country to the Directorate of Immigration.

4a.

(1) The Minister of the Interior may agree with other states on exchange of persons from former Yugoslavia.

(2) The Directorate of Immigration may grant a temporary residence permit to persons from former Yugoslavia who arrive in Denmark in connection with an agreement of exchange pursuant to section 1.

5.

(1) Children of an age where education is compulsory, who have been granted a residence permit pursuant to this Act, shall receive specially prepared education.

(2) For other persons who have been granted a residence permit pursuant to this Act, offers will be arranged of teaching and courses in subjects of importance to their return to their country of origin. The implementation of the education will depend on the participation as teachers, instructors, etc. by persons with a residence permit pursuant to this Act.

(3) The teaching comprised by subsections (1) and (2) may be given in collaboration with schools and educational institutions under the Ministry of Labour, the Ministry of Cultural Affairs and the Ministry of Education, or it may be replaced by teaching offered by these.

(4) Subject to negotiation with the Minister of the Interior, the Minister of Education may lay down more detailed provisions to the effect that children of the age where education is compulsory, and who have been granted a residence permit pursuant to this Act, may participate in the teaching in the Danish "Folkeskole".

(5) Pursuant to this Act, a person holding a residence permit may participate in general youth and adult education, offered by educational associations and other educational circles, by leisure-time and youth clubs or other clubs, etc.

(6) The Minister of the Interior may lay down more detailed provisions on the teaching offered pursuant to subsections (1) and (2). Subject to negotiation with the Minister of Education, the Minister of the Interior may lay down more detailed provisions on the education and activities to be offered pursuant to subsections (3) and (5). In this connection the Minister of the Interior may deviate from section 13(1).

(7) The persons comprised by subsections (1) to (6) have no claim to receive other forms of instruction or education.

6.

(1) A person who has been granted a residence permit pursuant to this Act, has a right to hospital treatment of the diseases or complaints that were the basis for granting the residence permit. The costs will be borne by the Ministry of Health. The Minister of Health may lay down more detailed provisions on the organisation of such treatment.

(2) A person who has been granted a residence permit pursuant to this Act also has a right to hospital treatment and other medical treatment etc. of other diseases and complaints. The cost of such treatment is paid by the Directorate of Immigration.

7.

(1) A person who has been granted a residence permit pursuant to this Act, will have the costs of maintenance paid by the Directorate of Immigration, cf. however, subsection (4).

(2) The Directorate of Immigration establishes and runs separate accommodation centres for persons who have been granted a residence permit pursuant to this Act. This may be done in co-operation with the Danish Red Cross or other private organisations or societies approved for this by the Minister of the Interior. National administrations approved for this by the Minister of the Interior or a municipality may also upon agreement with the Directorate of Immigration establish and run such accommodation centres.

(3) A person holding a temporary residence permit pursuant to this Act has a duty to assist in carrying out the necessary tasks in connection with the running of the accommodation centres mentioned in subsection (2). The Minister of the Interior shall lay down more detailed provisions on the execution of the tasks mentioned in the first clause and in section 3(1), which may include specification of the rules on the creation of bodies chosen by the inmates of the individual accommodation centres, and on the competence of such bodies.

(4) The Directorate of Immigration or the government body, the private organisation or municipality authorized by the Directorate, may order a person holding a temporary residence permit to carry out the tasks mentioned in subsection (3). The Directorate of Immigration may decide the extent to which the disregard of an order given pursuant to clause (i) shall result in transfer to another accommodation centre.

(5) The Minister of the Interior shall lay down provisions on the participation of the municipalities in financing the establishment and running of accommodation centres for persons who have been granted a residence permit pursuant to this Act, including payment of the cost by the State.

(6) The Directorate of Immigration may decide that a person who has been granted a residence permit pursuant to this Act, regardless of whether the person has sufficient means for his maintenance, shall be accommodated according to the Directorate's decision.

(7) The Minister of the Interior may lay down rules on the extent to which the powers of the Directorate of Immigration pursuant to subsections (2) and (6) can be transferred to other authorities.

7a.

(1) The Directorate of Immigration may permit a person holding a residence permit pursuant to this Act to reside outside the accommodation centres mentioned in section 7, with a person permanently resident in Denmark, subject to the approval of the Directorate of Immigration.

(2) The Directorate of Immigration may permit a person holding a residence permit pursuant to this Act to reside in a dwelling that has been approved by the Directorate of Immigration.

(3) The Minister of the Interior may lay down more detailed rules on the extent to which the decisions mentioned in subsections (1) and (2) may be made by other authorities.

(4) The Directorate of Immigration may permit a person holding a residence permit pursuant to this Act to take residence outside the accommodation centres mentioned in section 7, as part of the education offered pursuant to section 5.

(5) The persons mentioned in subsections (1), (2) and (4) will have their maintenance costs paid by the Directorate of Immigration.

(6) The Directorate of Immigration may subsidise the accommodation costs of the persons mentioned in subsections (1), (2) and (4). The Minister of the Interior may lay down more detailed provisions on this.

(7) The Minister of the Interior may lay down more detailed provisions on the accommodation mentioned in subsections (1), (2) and (4).

7b.

The Minister of the Interior may lay down rules on compensation for personal injury to third parties or for damage to the belongings of third parties caused by persons holding a temporary residence permit pursuant to this Act, and for injury incurred by the persons themselves or for damage to their belongings. The Minister of the Interior may lay down rules on insurance against such risks. The expense involved shall be defrayed by the Treasury. cf. however. section 3(5).

8.

(1) A residence permit pursuant to this Act lapses when the person gives up his residence in Denmark. The permit also lapses when the person has stayed for more than 3 consecutive months outside this country.

(2) For persons who have been granted a residence permit pursuant to this Act, and who have left Denmark with a view to returning to their area of origin, the residence permit lapses only when the person in question has stayed outside this country for more than 3 consecutive months.

(3) A person who has been granted a residence permit pursuant to this Act, can benefit only once from the right mentioned in subsection (2).

(4) It can be decided, however, subject to application, that the residence permit shall not be considered to have lapsed.

(5) A residence permit pursuant to this Act lapses when a residence permit is granted pursuant to the Aliens Act.

9.

A residence permit pursuant to this Act can be revoked if there are special circumstances as mentioned in section 10 or section 19(3) of the Aliens Act. Section 26 of the Aliens Act applies to the decision on revocation of the residence permit.

10.

A person holding a residence permit pursuant to this Act can be expelled if the person is given a suspended sentence or is sentenced to imprisonment or is prosecuted for criminal acts punishable with prison, for a violation for which the punishment is more severe than simple detention. Sections 26, 32 and 49-51 of the Aliens Act apply to the decision regarding expulsion.

11.

(1) A decision not to extend or to revoke a residence permit and a decision on expulsion shall include a time-limit for leaving the country, which must not be shorter than I month, except for urgent cases. The decision shall also include information about the rule in subsection (2).

(2) If a decision according to subsection ( 1) is appealed within 7 days after its announcement to the person involved, the person has a right to remain in the country, until the appeal has been decided upon. If the decision is upheld, a new time-limit is fixed for leaving the country according to the provisions in subsection (1).

(3) If expulsion has been decided by a court, the police fixes a time-limit according to the provisions in subsection (1). The time-limit is reckoned from the date of the court's decision or, if the person has not been present in the court, from its service.

(4) Sections 30 and 31 of the Aliens Act apply on leaving the country.

12.

(1) A person holding a residence permit pursuant to this Act can be subjected by the police to imprisonment or less serious measures pursuant to the provisions in sections 34 and 36 of the Aliens Act. In particular, section 37 and sections 37a-37f of the Aliens Act apply.

(2) A person holding a residence permit pursuant to this Act can be taken into custody under the conditions in section 35 of the Aliens Act.

13.

(1) Decisions pursuant to this Act are made with the exceptions mentioned in subsection (3), by the Directorate of Immigration.

(2) The Directorate's decisions, apart from decisions pursuant to sections 1, 4, 4a, 7(4) and (6), 7a, 14, 15 and 15 a, can be appealed to the Minister of the Interior.

(3) Decisions pursuant to section 11(3) and section 12(1) are made by the Chief Constable in question, the Commissioner of the Copenhagen Police, and by the National Commissioner of the Police, whose decisions can be appealed to the Minister of the Interior. The second and third clauses of section 48(1) of the Aliens Act apply in such cases.

14.

If a person holding a temporary residence permit pursuant to this Act applies for asylum in this country Pursuant to the Aliens Act the immigration authorities can decide that such an application cannot be finally processed as long as the person in question holds a residence permit pursuant to this act. However, postponement of the processing of the application pursuant to section 7 of the Aliens Act cannot be extended for more than 2 years from the time of the relevant decision.

15.

(1) A person from former Yugoslavia who has arrived in Denmark and in this connection or at a later date has applied for asylum pursuant to section 7 of the Aliens Act, can be granted a residence permit pursuant to this act if, due to acts of war or similar disturbances in the area to which the person in question can return, the person must be assumed to need temporary protection in this country.

(2) The immigration authorities can decide in connection with a permit pursuant to subsection (1), that the application for asylum cannot be finally processed as long as the person in question holds a residence permit in pursuance of this act. However, postponement of the processing of an application pursuant to section 7 of the Aliens Act cannot be extended by more than 2 years from the time of the relevant decision. The Minister of the Interior may lay down more detailed provisions on the processing of applications for asylum from persons holding a temporary residence permit under this Act.

(3) A person who has been granted a residence permit pursuant to subsection (1) may have the permit extended for 6 months at a time. In deciding the question of extension, the considerations mentioned in the second clause of section 2(1) shall be observed.

15a.

(1) A person from former Yugoslavia who is in former Yugoslavia or its close environment can be granted a residence permit pursuant to this Act if, on the background of information provided in co-operation with the United Nations High Commissioner for Refugees (UNHCR), it must be assumed that owing to acts of war or similar disturbances the person in question has an immediate need for protection.

(2) An application pursuant to subsection (1) must be submitted to a Danish representation in the applicant's country of origin or in the country where the applicant is staying.

16.

The Minister of the Interior may lay down provisions on the issue of a special travel document to a person holding a residence permit pursuant to this act who cannot procure a passport or who needs such a document for other reasons. The Minister of the Interior may also lay down provisions on withdrawal of such travel documents.

(2) The Minister of the Interior may lay down rules that persons holding a temporary residence permit pursuant to this act must always carry their passport or other identification during their stay in Denmark. The Minister of the Interior may also lay down provisions on penalties of a fine for violation of these rules.

16a.

(1) Persons who have been granted a residence permit pursuant to this Act, and who wish to return to their area of origin, can be granted financial aid.

(2) The assistance under subsection (1) includes

1)expenses for flight, train and bus tickets, etc. in relation to the return journey,

2)necessary expenses for transport (transport by surface) of personal belongings,

3)max. DKK 5,000 per family for transportation of equipment needed for the trade of the person or the family in their region of origin,

4)DKK 2,000 per person above 18 years and DKK 1,000 per person under 18 years to cover other expenses related to the return journey and the immediate return, and

5)other expenses related to the journey

(3) Under special circumstances, the persons mentioned in subsection (1) can be granted financial assistance more than once.

16b.

Persons who have returned to the area from which they originate and who according to the provisions in this act hold a residence permit can be granted financial assistance to their return to this country to the extent stated in section 16a(2) (i-ii) and (v).

16c.

Persons who have been granted a temporary residence permit pursuant to this Act and who have not themselves the necessary means, can be granted financial assistance to travel to a third country, to which the person in question has been granted a permit of entry and residence, provided that the person waives an application for a residence permit in Denmark.

(2) The assistance pursuant to subsection (1) includes:

1)expenses for flight, train and other tickets,

2)necessary expenses for transportation of personal belongings,

3)max. DKK 5,000 per family for transportation of equipment needed for the trade of the person or family in the third country in question, and

4)other expenses related to the journey.

(3) A person can receive assistance under subsection (1) only once.

(4) The amount in subsection (2)(iii) is adjusted once a year by the rate adjustment percentage, cf. the Act on Rate Adjustment Percentage.

17.

A person holding a residence permit pursuant to this act shall not be entered in the National Register.

18.

The Act enters into force the day after its promulgation in "Lovtidende".

19.

The Minister of the Interior will introduce a bill of amendment of the Act in the sessional year of 1994-95.

20.

This Act does not apply to the Faroe Islands and Greenland.

The Ministry of the Interior, 30 June 1995

BIRTE WEISS/Claes Nilas