Valid marriage for residence permit in Denmark

Requirements for a valid marriage

For your marriage to be recognized in Denmark, the following must be met:

• Legally valid: The marriage must have been entered into according to the laws of the country where the ceremony took place.
• Not contrary to Danish principles: The marriage must not violate fundamental Danish legal principles.
• Physical presence: Both parties must have been physically present during the wedding ceremony.
• No proxy: The marriage must not have been conducted by proxy.
• Age of majority: Both parties must have been 18 years old or older at the time of the marriage.

What if the marriage is not recognized?

If your marriage does not meet these requirements, or if you are not married, you may still be able to apply for a residence permit based on "cohabitation."

Cohabitation typically means that you have lived together for at least 1 year and 6 months at the same address. In special circumstances, this requirement may be waived, especially if the couple is considered to have established a family life under Article 8 of the European Convention on Human Rights (ECHR).

According to a memo from the Ministry of Integration (May 9, 2007), a specific assessment must be made as to whether an unmarried couple's relationship constitutes a family life. Factors such as cohabitation, duration of the relationship, and whether the couple has children or has otherwise expressed a commitment to each other will be taken into account.