Law Amending The Integration Act And Various Other Acts (Extension Of The Categories Of, Strengthened Efforts For Spousal Support, Etc.)

Original Language Title: Lov om ændring af integrationsloven og forskellige andre love(Udvidelse af personkredsen, styrket indsats over for ægtefælleforsørgede m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132119

Law amending the Integration Act and various other acts (extension of the categories of, strengthened efforts for spousal support, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law: § 1 of the Act on integration of aliens in Denmark (the Integration Act), see. lovbekendtgørelse nr. 1593 by 14. December 2007, as amended by section 32 of Act No. 1344 of 19. December 2008, § 8 of law No. 286 of 15. April 2009, section 5 of law No. 479 of 12. June 2009, § 4 of the lov nr. 480 of 12. June 2009, section 9 of Act No. 482 of 12. June 2009, section 13 of the Act No. 483 of 12. June 2009, § 2 of the law No. 485 of 12. June 2009, section 18 of Act No. 429 of 28. April 2010 and § 6 of the law No. 431 of 28. April 2010, is amended as follows: 1. Everywhere in the law the term ' induction programme ' to: ' integration programme ', ' introduction programmes ' to: ' integration programmes ', ' induction programme ' to: ' integration programme ' and ' Induction Programme ' to: ' Integration Programme '.
2. paragraph 1 is replaced by the following: ' article 1. The Act's purpose is to ensure that newly arrived aliens will be given the opportunity to utilize their skills and resources in order to be participating, self-employed and performance fellow citizens on an equal footing with other citizens in accordance with the society's fundamental values and norms of Danish society.
(2). This must be done through an integration effort, 1) takes as its starting point in the individual's responsibility for its own integration, 2) contribute to the newly arrived foreigners ensured the opportunity for participation on an equal footing with other citizens in society's political, economic, labour, social, religious and cultural life, 3) contributes to that newly arrived foreigners as soon as possible become self-supporting through employment, and 4) brings the individual alien an understanding for the Danish society's basic values and norms.
(3). The law also aims to promote the possibility that society's citizens, businesses, public authorities, institutions, organizations and associations and others. can contribute to the integration effort, so that anyone can contribute to the successful integration of newly arrived foreigners.
(4). The law has finally designed to ensure that newly arrived aliens have knowledge that a successful integration is a prerequisite for the granting of indefinite leave. '
3. paragraph 2 shall be replaced by the following: ' article 2. Covered by this law is without prejudice to the status of refugees. (2) without prejudice to article aliens reunited. paragraph 3, and immigrants, see. (4).
(2). By a refugee within the meaning of this law 1) an alien with a residence permit in accordance with the Aliens Act § § 7 or 8, 2) an alien with a residence permit in accordance with the Aliens Act section 9 b, 3) an alien with a residence permit in accordance with the Aliens Act section 9 c, paragraphs 2 or 3, or 4) an alien with a residence permit in accordance with the Aliens Act section 9 (e).
(3). By a family were resident for the purposes of this law 1) an alien with a residence permit in accordance with the Aliens Act section 9 or 2) an alien with a residence permit in accordance with the Aliens Act section 9 c, paragraph 1, as a result of a family links to a living person, which is not covered by paragraph 4.
(4). By an immigrant for the purposes of this law 1) an alien with a residence permit in accordance with the Aliens Act section 9 a, 2) an alien with a residence permit in accordance with the Aliens Act section 9 c, paragraph 1, for the purpose of school term, internships, au pair stay or studies, 3) an alien with a residence permit in accordance with the Aliens Act section 9 c, paragraph 4, 4) an alien with a residence permit pursuant to section 9 (d), 5) an alien with a residence permit in accordance with section 9 of the Act on foreigners (f) , 6) an alien with a residence permit in accordance with the Aliens Act section 9 c, paragraph 1, because of a family links to a foreigner subject to no. 1-5 or 7) an alien registration certificate or a residence card for foreigners law § 6.
(5). Chapter 3, 4, 5, 6 and 7 shall not apply to immigrants.
(6). The Danish immigration service decides whether an alien is covered by the Integration Act '.
4. paragraph 3 shall be repealed.
5. § 4, paragraph 1, is replaced by the following: ' Municipal Council has responsibility for housing placement of refugees boarded to the municipality in question, see. Chapter 3, integration programmes for refugees and family reunification of foreigners, without prejudice. Chapter 4, induction training for migrants, without prejudice. Chapter 4 (a), the payment of introductory benefit, see. Chapter 5, payment of the assistance, in special cases, see. Chapter 6, and co-ordination with the other integration efforts in the municipality. '
6. section 4, paragraph 4, shall be replaced by the following: ' (4). Responsible in accordance with paragraph 1 shall be the responsibility of the Municipal Council of the municipality for which the fugitive will be searched according to the rules laid down in Chapter 3, or where the reunited foreigner or immigrant living or staying. Takes the alien residence or stay in another municipality, surpassing the responsibility for the integration programme, induction training and payment of the introduction allowance in accordance with the arrangements laid down in Chapter 4, 4A and 5 of the Municipal Council in this municipality without prejudice to article. However, paragraph 5. '
7. § 5, paragraph 2 is replaced by the following: ' (2). The Municipal Council may, in accordance with the agreement authorise a second Municipal Council to fully or partially responsible for tasks relating to integration programmes for refugees and family reunification of foreigners, without prejudice. Chapter 4, induction training for migrants, without prejudice. Chapter 4 (a), the payment of introductory benefit, see. Chapter 5, payment of the assistance, in special cases, see. Chapter 6, and co-ordination with the other integration efforts in the municipality. '
8. Under section 5 shall be inserted in Chapter 2:» section 5 (a). The Municipal Council may, for the purpose of strengthening the newly arrived foreigners personal network in the local community and, through their integration into Danish society establish host arrangements whereby private individuals resident in the municipality can act as hosts for newly arrived foreigners and receive support to cover expenses for private dinners, small individual excursions and the like, which attach themselves to their host function.
(2). The Municipal Council can lay down detailed guidelines as to the circumstances in which the aid may be paid in accordance with paragraph 1. The Municipal Council must then publish guidelines. '
9. The title of Chapter 4 shall be replaced by the following:» integration programme for refugees and family reunification of foreigners ' 10. section 16 is replaced by the following: ' § 16. Refugees and family reunification of foreigners, if at the time of the Municipal Board's assumption of responsibility is 18 years of age, have offered an integration programme, organised by the responsible local authority, see. However, paragraph 8.
(2). For refugees and family reunification foreigners who are eligible to receive introductory benefit, see. § 25, includes integration program 1) Danish education, see. § 21, 2) course in Danish society and Danish culture and history, see. section 22, and 3) employment-oriented offerings, see. § 23.
(3). For other refugees and family reunification of foreigners than those referred to in paragraph 2 includes integration program 1) Danish education, see. § 21, 2) course in Danish society and Danish culture and history, see. section 22, and 3) employment-oriented offerings, see. Article 23, paragraph 5, if the person concerned is entitled to and would like to receive such.
(4). Foreigners who are offered an integration program, have the duty to participate actively in the programme's individual parts. The scope and content of the induction programme individual items defined in an integration contract entered into between the alien and the Municipal Council, see. § 19.
(5). The integration programme shall commence not later than 1 month after the Municipal Council has taken over responsibility for a foreigner.
(6). Integration program has a duration of not more than 3 years, after that the Municipal Council has taken over responsibility for the alien. Integration programme must be tailored to the individual's assumptions so that the alien can implement the programme as soon as possible, and the offers may not be impeded in for the alien's ability to perform a job.
(7). Minors, unaccompanied refugees with residence permit in accordance with the Aliens Act, section 7, section 8 or section 9 c (3), may be offered an integration programme.
(8). Aliens who qualify for help under Chapter 6 of the Act on active social policy and chapter 13 of the law on an active employment efforts, should not have offered an integration program, but have the offer of Danish education, see. section 21, and course in Danish society and Danish culture and history, see. § 22. '
11. section 18 (a) be repealed.
12. section 19 (4), 2. paragraph is replaced by the following: ' the contract shall specify the extent to which the alien must have deals under the integration program, see. section 16 (2) and (3), and the additional content, including how the relationship between Danish education, see. § 21, course in Danish society and Danish culture and history, see. section 22, and employment-oriented offerings, see. section 23 must be. '
13. In article 19, paragraph 4, 3. paragraph, the words ' section 16, paragraph 7 ' to: ' section 16, paragraph 8 '.
14. In article 19, paragraph 8, 2. paragraph, the words ' section 16, paragraph 5 ' to: ' section 16, paragraph 6 ', and ' section 16, paragraph 2 or 7 ' shall be replaced by: ' section 16, paragraph 2, 3 or 8 '.
15. In article 20 the following paragraph 7 is added: ' (7). It should be at the conclusion of the contract to ensure that the alien is aware of the main conditions for obtaining permanent residence permit, and that should be followed to that end. '
16. Article 21 is replaced by the following: ' article 21. The Municipal Council shall, within 1 month after having taken over responsibility for an alien subject to section 16, refer the question to the Danish education in accordance with Danish law on education for adult foreigners and others.
(2). The Municipal Council can partly or wholly fail to offer an alien participation in Danish education when his Danish knowledge is deemed to be sufficient, or when exceptional reasons, moreover, justify it. '
17. section 22 is replaced by the following: ' § 22. The Municipal Council shall ensure that the alien, not later than 4 months after the Municipal Council has taken over the responsibility for that, can commence a course in Danish society and Danish culture and history.
(2). The Municipal Council must organise the course, so that with respect to time, place and content adapted to the alien's employment needs, etc. and the Municipal Council can partly or wholly fail to offer an alien participation in course in Danish society and Danish culture and history, when exceptional reasons justify it.
(3). The Minister for refugees, immigrants and integration shall lay down detailed rules concerning the scope, content and organization of the course. '
18. Article 23, paragraph 1, is replaced by the following: ' to foreigners, who under section 25 is eligible for introductory benefit, the local authority must provide the offer of 1) guidance and upgrading, see. section 23 (a), 2) traineeship, in accordance with article 3. section 23 (b), or (3)) recruitment with wage subsidies, without prejudice. § 23 (c). ' 19. Article 23, paragraph 5, shall be replaced by the following: ' (5). The Municipal Council must give a refugee or family reunified alien who is not in employment and who do not receive introductory benefit or start Help or cash benefit, offer after § § 23 a-23 (c), if the person concerned so requests, unless the offer is not likely to improve his or her employment opportunities. '
20. Under section 24 (b) is inserted: ' Chapter 4 (a) induction training for immigrants section 24 c. Immigrants must, if they are at the time of the Municipal Board's assumption of responsibility is 18 years of age, have offered an introductory course, organised by the responsible local authority.
(2). Introductory course consists of 1) Danish education, see. section 24 d, 2) course in Danish society and Danish culture and history, see. paragraph 24 (e), and (3)) the employment-oriented offerings, see. paragraph 24 (f), if the migrant is entitled to and would like to receive such.
(3). Introductory course must begin no later than 1 month after the Municipal Council has taken over responsibility for a foreigner.
(4). Introductory course has a duration of not more than 3 years, after that the Municipal Council has taken over responsibility for the alien. Introductory course must be adapted to the individual's circumstances and the purpose of his/her stay in Denmark so that the alien can complete the process as soon as possible, and the offers may not be impeded in for the alien's ability to perform a job.
(5). § 17 shall apply mutatis mutandis.
(6). The Municipal Council of the municipality to which an alien who has not completed its induction training, moving must take over responsibility for the introductory course.
paragraph 24 (d) section 21 shall apply mutatis mutandis to foreigners, who are offered an introductory course.
§ 24 e. section 22 shall apply mutatis mutandis to foreigners, who are offered an introductory course.
§ 24 f. section 23, paragraph 5, shall apply mutatis mutandis to foreigners, who are offered an introductory course.
section 24 (g). The Municipal Council may provide support to a company that establishes a supervisor function for an alien who is subject to section 2, paragraph 4, nr. 1 and 7. By a supervisor function means that an employee of the company or an outside consultant performs a special task to give the alien insights into opportunities and conditions in the labour market in Denmark. The effort must lie beyond what the employer usually is expected to perform.
(2). Aid shall be granted to cover salary costs by redeeming the employee who carries out the supervisor function, or fees to external consultants.
(3). On the basis of a specific assessment of the needs and conditions of the foreigner, who need a tutor, establishes Municipal Council in cooperation with the company an hour for tutor function.
(4). In order to improve an employee's ability to perform the supervisor function may be granted subsidies for the purchase of training to the employee.
(5). The Minister for refugees, immigration and integration Affairs may lay down detailed rules concerning aid for a supervisor function, including a grant for the purchase of training to the supervisor. "
21. Pursuant to section 41 (a) shall be inserted: ' Chapter 7 a Citizenship test section 41 (b). The Minister for refugee, immigration and integration Affairs establishes a citizenship test.
(2). The Minister for refugees, immigration and integration Affairs may lay down rules on the establishment and organisation of the citizenship test, including rules for the designation of prøveafholdere, on the conditions for participation in the sample, the charging of a fee for participation in the sample and on the implementation of the test. '
22. section 45, paragraph 4, 1. paragraph is replaced by: ' State grants during the introduction period, see. section 16, paragraph 6, a basic allowance of 3816 DKK for each resident covered by the integration program, see. § 16. '
23. section 45, paragraph 5 is replaced by the following: ' (5). The State will refund within an allowance during the introduction period, see. section 16, paragraph 6, 50 per cent of Municipal Board's expenditure on integration programs, see. section 16 (2) and (3), including the Danish education, see. § 21, course in Danish society and Danish culture and history, see. section 22, and deals under section 23. Availability the amount ascertained to 77011 DKK per year times the number of foreigners in the commune of receiving offers according to Chapter 4. The number of foreigners in the commune is calculated as the annual persons. '
24. In section 45 shall be inserted after paragraph 5 as new paragraph: "(6). The State will refund within an allowance during the introduction period, see. § 24 c, paragraph 4, 50 per cent of Municipal Board's expenditure for induction training, see. § 24 c, paragraph 2, including the Danish education, see. section 24 d, course in Danish society and Danish culture and history, see. paragraph 24 (e), pursuant to section 24 such deals and aid granted to an undertaking which establishes a supervisor function, see. section 24 g. Occupancy the amount ascertained to 77011 DKK per year times the number of foreigners in the commune, receiving promotions after chapter 4 (a). The number of foreigners in the commune is calculated as the annual persons. '


Paragraph 6-8 will be hereafter referred to paragraphs 7 to 9.

25. In section 45, paragraph (6), 1. point, there will be (7) 1. paragraph, the words ' 7150 «to» 7.866 «, and» § 7 or 9 (c) (3) ' shall be replaced by: ' section 7, section 8 or section 9 c (3) '.
26. section 45, paragraph 7, which becomes paragraph 8 is replaced by the following: ' (8). State grants to the Municipal Council, that is, or by induction period, see. section 16, paragraph 6, has been responsible for integration efforts, see. § 4, for each alien covered by the integration programme, which has been drawn up an integration contract under section 19, the following result grants: 1) 44006 DKK, if the alien within the introduction period, see. section 16, paragraph 6, comes in ordinary employment and continues in ordinary employment for a continuous period of at least 6 months.
2) 44006 DKK, if the alien within the introduction period, see. section 16, paragraph 6, starting a study or completion of professional training and continuing education for a continuous period of at least 6 months and during the study course can receive SU, elevløn etc., that ensures the alien a maintenance basis.
3) 33005 DKK, if the alien within the introduction period, see. section 16, paragraph 6, sets out to test in Danish and not later than the first tests after the introductory period, the test consists in Danish on the level of cooperation with the provider of the Danish education is laid down as an objective of the integration contract, see. § 19.
4) 33005 kr. If an alien, who after the introductory period, see. section 16, paragraph 6, the Danish education is provided under section 2, paragraph 5, of the law on the Danish education for adult foreigners and others., a) sets out to test in Danish before training for the quote ended, but not later than 1 year after the introductory period, see. section 16 (6) and (b)) no later than the first tests then consists in Danish at the trial level in cooperation with the provider of the Danish education is laid down as an objective of the integration contract, see. § 19. '
27. In article 47, paragraph 1, shall be replaced by ' paragraph 45, paragraphs 4-7 ' is replaced by: ' § 45, paragraphs 4-8 '.
28. section 48 (1), is replaced by the following: ' The amount set out in section 45, paragraph 4-8, is set in 2010 and will be adjusted as of 2011 once a year the 1. January with percentage, cf. Act on a rate adjustment percent after. '
29. In paragraph 51 (b) of paragraph 1, the words ' section 16, paragraph 5 ' to: ' section 16, paragraph 6 '.
30. paragraph 51 (b) (2) 1. paragraph is replaced by the following: ' Municipal Council in the transfer of the municipality discloses in the situation referred to in paragraph 1 also without the alien's consent the information from the alien integration contract, see. section 19 (1) and the copy of the signed declaration on integration and active citizenship in Danish society, see. section 19 (1), (3). paragraph, to the Municipal Council in their new municipality. '
31. section 52 is repealed.
32. In article 53, paragraph 1, the words ' paragraph 4 ', to: ' section 2, paragraph 6 '.
33. section 53, paragraph 5, shall be repealed.


Paragraph 6 becomes paragraph 5.

34. § § 54-56 is repealed.
35. In paragraph 57, the words ' § § 54-56 ' to: ' section 2, paragraph 2-4 '.
§ 2 of the law on the Danish education for adult foreigners and others., see. lovbekendtgørelse nr. 259 of 18. March 2006, as amended by section 13 of the Act No. 523 of 24. June 2005, § 2 of the law No. 104 of 7. February 2007, section 12 of Act No. 483 of 12. June 2009, § 1 of lov nr. 485 of 12. June 2009, law No. 1512 of 27. December 2009 and § 19 of the lov nr. 429 of 28. April 2010, is amended as follows: 1. Article 2, paragraphs 1 and 2 shall be replaced by the following: ' Municipal Council offers Danish education for foreigners 1) is 18 years of age, 2) have a residence permit, the EU-registration certificate, EU residence card or otherwise fixed, legally resident in Denmark and 3) are registered in the municipality, see. However, section 2 (b), paragraph 2.
(2). The offer referred to in paragraph 1 include the Danish training for up to 3 years after the date on which the alien may begin the first time Danish education, which is offered to the person concerned by the Municipal Council, see. However, paragraph 5 and paragraph 2 (b) (1). ';
2. § 5, paragraph 5, shall be repealed.
3. section 16 (b), paragraph 3 is replaced by the following: ' (3). Notwithstanding paragraph 1, foreigners who are covered by the Integration Act § 2 (2) and (3) is not eligible to receive any offer of labour directed Danish lessons. '
section 3 of the Aliens Act, see. lovbekendtgørelse nr. 785 of 10. August 2009, as amended most recently by § 2 of the law No. 400 by 21. April 2010, is amended as follows: 1. section 9, paragraph 4, 2nd paragraph, is replaced by the following: ' financial security after 1. paragraph may, on request, be reduced by half of the amount secured after 1. point when foreigners who are granted a residence permit in accordance with paragraph 1, nr. 1, has passed a final test in Danish, see. section 9 of the Act on Danish education for adult foreigners and others. '
section 4 of the Act on an active employment efforts, see. lovbekendtgørelse nr. 1428 of 14. December 2009, as amended by section 1 of Act No. 431 of 28. April 2010, is amended as follows: 1. section 2, nr. 10 is replaced by the following: ' 10) persons not in employment, and which do not fulfil the conditions for receiving public assistance for maintenance, including daily subsistence allowance in accordance with the law on unemployment insurance, etc., cash assistance or start Help for the Act on active social policy or the law on the State's education aid after SU, as well as persons who cannot get deals after the Integration Act '.
2. section 31 (a), paragraph 3, are repealed.


Paragraph 4-7 becomes paragraph 3-6.

3. In section 31 (a), paragraph 7, which becomes paragraph 6, the words ' status and '.
4. paragraph 75 (a), paragraph 1 is replaced by the following: ' persons covered by section 2, nr. 10, is entitled to the offer after chapter 10-12, unless the offer is not likely to improve the person's employment opportunities. The job centre after a concrete assessment can provide additional benefits in accordance with Chapter 14 and 15. '
section 5 of the Act on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 1203 by 10. December 2009, as amended by section 11 of Act No. 434 of 8. May 2006, § 1 of lov nr. 316 of 28. April 2009 and § 1 of lov nr. 429 of 28. April 2010, is amended as follows: 1. In paragraph 9 (a), paragraph 4, shall be inserted after 2. paragraph: ' will be a child or a young person has separate seating municipality after 2. point, boarded to a municipality after the Danish Integration Act § 10, get the child or the young independent living community in this municipality from the time when responsibility for that passes to the local authority, see. the Danish Integration Act § 4. '
2. In paragraph 9 (a), (6) 1. paragraph, shall be replaced by ' paragraph 4, 2. and (3). paragraph. ': ' paragraph. 4, 2.-4. point ' 3. In paragraph 9 (c), paragraph 1, the following is inserted as a 2. paragraph: ' will be a child or a young person is placed outside the home, or against whom measures have been launched under section 76, paragraph 3, of the law on social service, boarded to a municipality after the Danish Integration Act § 10, granted reimbursement in accordance with paragraph 2, nr. 6, and paragraph 3, however, of this municipality. '
section 6 of the law on municipal and regional elections, see. lovbekendtgørelse nr. 144 of 24. February 2009, is amended as follows: 1. In article 1, paragraph 1, no. 4, and section 3 (a), paragraph 1, shall be replaced by ' 3 years ' to: ' 4 years '.
§ 7 paragraph 1. The law shall enter into force on the 1. August 2010, see. However, paragraph 2.
(2). § 2, nr. 2, and § 3 shall enter into force on the 15. June 2010.
(3). This law § 1, nr. 1, 4 and 9, and the Danish Integration Act § 2, paragraph 1, article 4, paragraphs 1 and 4, article 5, paragraph 2, article 16, article 19, paragraph 4, 2. and (3). paragraph, article 19, paragraph 8, 2. section, § 22, § § 24 c-24 g, § 45, paragraph 4, 1. section, § 45, paragraphs 5, 6 and 8, article 47, paragraph 1, article 48, paragraph 1, § 51 (b), paragraph 1, and section 57 as amended, inserted or amended by this Act, section 1, no. 3, 5-7, 10, 12-14, 17, 20, 22-24, 26-29 and 35 shall not apply for foreigners who have obtained a residence permit before the entry into force of the Act. For such foreigners find the existing rules apply.
(4). § 6 shall apply for municipal and regional elections to be held after the Act's entry into force, the first time the 3. Tuesday in november 2013.
§ 8 the law does not apply to the Faroe Islands and Greenland, but section 3 may by Royal Decree in whole or in part be put into force for Greenland and the Faroe Islands with the derogations which the Faroese and Greenlandic conditions warrant.

Given at Christiansborg Palace, the 31. May 2010 Under Our Royal hand and Seal MARGRETHE r./Birthe Rønn Hornbech