Permit extended despite Short-Term separation and risk of divorce

Case Overview

The applicant, a Filipino citizen, came to Denmark as an au pair in 2015 and later married a Danish citizen. She was granted a residence permit as a spouse in 2017. Despite the couple remaining married and living together most of the time, there were two short periods in 2019 and 2020 when they did not share the same residence.

This led the Immigration Service in 2021 to deny her residence permit extension, citing the lack of continuous cohabitation—a requirement under Danish immigration law.

Important to remember: It is never the person you have been reunited with who decides whether you can stay in Denmark. It is always the Immigration Service that makes the final decision. Let's dive into the details and see how you can navigate this challenging situation. Your personal circumstances can be crucial

Your personal circumstances can be crucial 

The Immigration Service will always take your personal circumstances into account when making a decision about your residence permit. If a revocation of your residence permit would be particularly burdensome for you, you may be allowed to stay in Denmark. 

Impact of the decision

Following an appeal, the Immigration Appeals Board overturned the Immigration Service’s decision. The board considered several key factors:



• Short-term breaks in cohabitation were due to exceptional circumstances, including disagreements over COVID-19 restrictions.
• The couple remained married, and there was no evidence of permanent divorce or long-term separation.
• Denying the residence permit would violate the European Convention on Human Rights, Article 8, concerning the right to family life.
• The applicant’s strong integration into Danish society through work, language skills, and completed exams.

This decision underscores the importance of a detailed and accurate presentation of the case, especially when challenges such as divorce, separation, or temporary breaks in cohabitation may affect residence permits.

How VisaGuiden Can Help You

Cases involving residence permits impacted by divorce or separation can be complex. At VisaGuiden, we have extensive experience navigating legal requirements and procedures. We ensure your case is presented thoroughly and effectively—whether it involves divorce, separation, or changes in your family situation.



By partnering with us, you’ll receive expert guidance that can make a significant difference. Our team provides personalized assessments and builds a strong case tailored to your circumstances.