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December 24, 2022

Denmark Puts on Hold Cases of Family Reunification for Employed

Denmark has decided to temporarily stop processing applications of Turkish citizens who are currently working in the country, and who wish to bring their spouse over.

The move follows a decision of the European Court of Justice which has issued a judgment noting that it is unlawful on Denmark’s side to oblige these Turkish workers to enter a test and pass it, in order to be able to bring their wife or husband to the country, SchengenVisaInfo.com reports.

According to the website New to Denmark, which is run by the Danish Immigration Service, the decision taken by the EU Court on December 22 can affect the processing of cases of Turkish citizens who are economically active in Denmark, and have applied for family reunification. As a result, the agency has decided to suspend for now all cases that fit the description.

This concerns cases where the spouse in Denmark, who is an economically active Turkish citizen, does not seem to meet the requirement of a passed Prøve i Dansk 1 or another Danish test at the same or higher level in relation to the transferred requirements for permanent residence permit and the requirement of a passed Prøve i Dansk 3 or another Danish test at the same or higher level in relation to the integration requirement,” the agency says in its announcement regarding the decision.

SchengenVisaInfo.com has reported yesterday, December 23, on the judgement of the EU Court of Justice regarding a case of a Turkish citizen who had been residing in Denmark since September 1979, the spouse of whom on August 2015, submitted an application to stay in Denmark with her husband.

While the Turkish worker had completed a course in Danish covering work related Danish language knowledge, the Immigration Office concluded that the same did not satisfy the condition for taking a Danish language test. The application of this couple was rejected in March 2016.

An appeal was first filed at the High Court of Eastern Denmark, which sent the case for interpretation to the Court of Justice.

In the judgement delivered on December 22, the Court of Justice has ruled that rejecting family reunification in such grounds means that Denmark is imposing a ‘new restriction’ which is unlawful. The Court has argued its decision with the fact that this requirement cannot be justified as a requirement for ensuring the spouse’s successful integration since Danish law does not take into consideration either of the spouse’s own ability to integrate or other factors demonstrating the effective integration of the worker concerned.