Language Research

1. Legislation: Legislation dealing with the use of languages

The bilateral declarations "Bonner und Kopenhagener Erklaerungen" of 1955 protect the use of minority languages.

Updated (August 2010)

NEW REQUIREMENTS FOR PERMANENT RESIDENCE IN DENMARK

In May 2010 the Danish Parliament passed a series of comprehensive amendments to the Aliens Act, including to the requirements for access to permanent residence. These have been strengthened to a degree that will probably prevent many foreigners from acquiring a permanent residence permit and thus also deny them access to Danish citizenship.

The new requirements apply to foreigners who have applied for permanent residence on or after 26 March 2010. According to section 11 of the Aliens Act they must have attained the age of 18 and scored at least 100 points according to section 11, paragraphs 4-6. Paragraph 4 demands 70 points’ compliance; paragraph 5, 15 points; and paragraph 6 also demands 15 points.

So, from Section 11, Paragraph 4, candidates must meet eight mandatory conditions in order to achieve their 70 points:

1.    They must have resided in Denmark for at least four years;
2.    They must not have been sentenced to imprisonment for 18 months or more;
3.    They must not have been sentenced to 60 days’ imprisonment or more for violation of Parts 12 and 13 of the Criminal Code (crimes against the State);
4.    They must not have overdue debt to public authorities, unless a respite has been given and the debt is below 100,000 DKR (13,500 euro);
5.    They must not have  received social assistance (Act on Active Social Policy or Integration Act) within the last three years before submitting the application for a permanent residence permit;
6.    They must have signed a declaration on integration and active citizenship;
7.    They must have passed the Danish 2 Examination (level B1) or a Danish language examination at a higher level;
8.    They must have been in ordinary full time employment in Denmark for at least two and a half years within the three years prior to submitting the application.

In addition, from Paragraphs 5 and 6, in order to achieve the extra 30 points they must ‘engage in extra effort with a view to integration’ through:

1.    ‘Active citizenship’ and
2.    ‘Supplementary conditions’, as employment, Danish language proficiency or education.

In order to fulfill the ‘active citizenship’ requirement and achieve 15 points (Paragraph 5) the applicant must:

1.    Pass a special ‘active citizenship test’; or
2.    Demonstrate active citizenship in Denmark through at least a one-year participation in boards, organizations etc.

In order to fulfill the ‘supplementary conditions relevant to integration’ and achieve 15 points (Paragraph 6) they must:

1.    Have held ordinary full time employment in Denmark for at least four years within the four and a half years prior to submitting the application for permanent residence and be continuously attached to the labor market at the time when the permanent residence permit is granted; or
2.    Have finished higher education, professional bachelor education, commercial academy education or vocationally oriented out-of-school education in Denmark; or
3.    Have passed Danish 3 Education (level B2)

Young foreigners over the age of 18 who apply for a permanent residence permit before turning 19 are exempted from the requirement of achieving the 15 points according to Section 11(6) and from holding ordinary full time occupation in Denmark for at least two and a half years within the three years prior to submitting their application for a permanent residence permit (section 11(4)(8)), provided that they have been in the process of training or fulltime employment since they left the Folkeskole (municipal primary and lower-secondary school).

These new rules are based on an agreement between the Danish Government and the Danish People’s Party of 15 March 2010. The agreement has been implemented through amendments to a number of Acts, principally the Aliens Act. Parallel amendments to the Integration Act make many positive changes as to integration, including a better reception for foreigners in local society and a broader scale of educational options.

However, the changes regarding access to permanent residence may seriously impair the status of many immigrants.

According to the preparatory report to the Bill, the aim of the reform is to make it possible for well-integrated foreigners to acquire their permanent residence permit earlier than previously, namely after four years instead of seven, as had been the case.

Moreover, the reform intends to send a signal of what Denmark expects from its new co-citizens.  The basic idea is that candidates have a personal responsibility for integration and active citizenship. Furthermore, foreigners wishing to integrate and proving good will – as through active contribution in and respect for Danish culture and democratic values – can readily become part of the Danish society and acquire a permanent residence permit. However, those who do not ‘prove their good will to integrate’ will be denied a permanent residence permit. The ‘integration will’ is brought sharply into focus, therefore.

The high and inflexible integration requirements give cause for concern. It is very likely that many immigrants will not be able to fulfill the requirement on full-time occupation combined with the required Danish language level, regardless of their good will. In particular, unskilled workers may find it hard to allocate the necessary time to education, and immigrants in the process of training will have to wait for a number of years before they can fulfill the requirement of fulltime employment.

Source: European Union Democracy Observatory on Citizenship, Citizenship News, June 2, 2010 by Eva Ersbøll http://eudo-citizenship.eu/citizenship-news/316-denmark-new-rules-on-access-to-permanent-residence-passed-in-parliament-on-25-may-2010

Top of page