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Notice Of Repatriation Act

Original Language Title: Bekendtgørelse af repatrieringsloven

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Table of Contents

Chapter 1 Objections, social circle, etc.

Chapter 2 Consulting and so on repatriation

Chapter 3 repatriation help

Chapter 4 Reintegration assistance

Chapter 5 Projects

Chapter 6 Storage egers

Chapter 7 Funding, etc.

Chapter 8 Entry into force and so on.

Annunciation of the repatriation law

In this way, the repatriation law is announced, cf. Law Order no. 4 of 5. January 2006, with the changes resulting from paragraph 12 of Law No 1. 404 of 8. May 2006 and Law No 248 of 23. March, 2010.

Chapter 1

Objections, social circle, etc.

§ 1. The law's purpose is through a repatriation effort

1) foreigners to foreigners the best possible basis for taking a decision and, where appropriate, to decide on repatriation and

2) support foreigners repatriation.

§ 2. For the purpose of repatriation, the voluntary return of foreigners to their home Member State or former country of residence shall be understood as to take permanent residence.

§ 3. The law applies to refugees and so on, family blunted foreigners to refugees, etc. and other family-led foreigners, cf. paragraph 2-4.

Paragraph 2. In the interests of refugees, foreigners who have a residence permit shall be taken to :

1) foreign-above. Clause 7 or 8,

2) foreigners ' section 9 b,

3) foreign-above. Clause 9 (c) 1, in the immediate extension of a residence permit in accordance with Article 9 (b) of the foreigners ' section,

4) foreigners ' s section 9 (c) when a foreigner has been notified to a foreigner who has filed an application for a residence permit in accordance with Article 7 of the foreigners of the foreigners.

5) Alien-top dollar.

Paragraph 3. In the family of foreigners, foreigners for refugees and so on are foreigners who have a residence permit in accordance with section 9 or section 9 c (c) of the foreigners. 1, as a result of a family-related association to a person covered by paragraph 1. 2.

Paragraph 4. In other family-related foreigners, foreigners have been granted a residence permit for at least five years and which have a residence permit in accordance with section 9 or section 9 c (c) of the foreignment. 1, as a result of a family attachment to a person not covered by paragraph 1. 2.

Paragraph 5. If a foreigner's residence permit has been refused for extended or withdrawn, cf. The 11, paragraph 11 of the foreigners. 2, and section 19 (1). 1, the person concerned shall be deemed to have been covered by the law until the expiry of the time limit laid down in respect of the decision on refusal of the extension or withdrawal of the residence permit.

Paragraph 6. The law does not apply to foreigners who are nationals of another Nordic country or are nationals of a country connected to the European Union, or are subject to the Agreement on the European Economic Cooperation Agreement or are subject to the European Economic Area. Union rules on visa waiver and lifting restrictions on the free movement of labour, the establishment and the provision of services and so on.

Paragraph 7. The Minister for Refugees, immigrants and integration may, by application, decide that a foreigner who has a residence permit may be decided on a different basis other than those referred to in paragraph 1. 2-4 shall be considered to be covered by the law.

Chapter 2

Consulting and so on repatriation

§ 4. The Ministry of Refugees, Inhikers and Integration is responsible for the individual counselling of long-term residents who express the desire to return to their homeland or former country of residence, and carry out the general information relating to repatriation.

Paragraph 2. The Ministry of Refugees, Inhikers and Integration may leave the task to be completed under paragraph 1. 1 to Dansk Refugee or to one or more authorities, organizations or associations, etc. The Ministry of Refugees, Immigrants and Integration may, by the way, leave certain tasks to one or more authorities, organisations or associations, etc.

§ 5. The local authority on the basis of the special integration efforts by the Council of Directors of Integration, or the opportunity to receive assistance for repatriation, is the local authority on the part of the local authority in connection with the integration legislation. The local authorities shall inform the Ministry of Refugees, immigrants and the Integration or the Agency, the organization or association which the Ministry has given the advisory mission to when foreigners express their desire to return to their duties ; country of origin or former country of residence.

§ 6. Notwithstanding the provisions of section 5 of the Act on active social policy and section 25 (1). 2, in the integration law, the local authorities may, in accordance with the application of the Administrative Board, authorize a foreigner to receive assistance in accordance with the rules of the Act of Active Social Policy and the Integration Act if the person concerned is practised or, educational courses or in reconnaissance trips to the home country or the former country of residence, to decide later on repatriation. The local authority shall, for the assessment of the application, make up the opinion of the Ministry of Refugees, Immigrants and the Integration or the Agency or Association for the Ministry of Refugees, or by the Ministry of the Ministry of Refugees.

Chapter 3

repatriation help

§ 7. The local authorities shall provide assistance for repatriation to a foreigner covered by Section 3 (2). One or seven. Aid may only be provided for repatriation if the foreigner does not have the means for this, cf. paragraph 8, and wish to return to the home country or the former country of residence, to take permanent residence.

Paragraph 2. repatriation help includes

1) the costs of the journey from Denmark to the home country or the former country of residence,

2) costs for the transport of personal items up to 2 m 3 per person,

3) expenditure of not more than 11.615 kr. for the transport of equipment necessary for the profession of the Member State or his family in the home country or of the former country of residence,

4) the assistance of establishment in the home country or former country of residence with up to 117.581 kr. per person who is 18 years old, and up to 35.860 kr. per Person who is not full 18 years old,

5) expenditure of not more than 11.615 kr. for the purchase of professional equipment which will be appropriate to promote the employment opportunities and the reconstruction of the country of origin or the reconstruction of the country or the former country of residence, and expenditure of not more than DKK 15 000. for the transport of such equipment,

6) costs of health insurance for a period of 1 years in the home country or in the former country of residence, if such insurance is not in any other way,

7) costs of medicinal products brought to a maximum of 1 years of consumption ; and

8) the costs of carrying out necessary personal aids to a maximum of 1 year of consumption or other means of aid, but not more than 5 000 cranes, and assistance for the necessary vaccination in Denmark.

Paragraph 3. Help for establishment in accordance with paragraph 1. 2, no. The fourth is paid in two parts so that the return of the return shall be paid up to 17.581 kr. per person who is 18 years old, and up to 5.860 kr. per Person who is not full 18 years of age. For foreigners who have the right of withdrawal after the Danish Act of Foreign and Security Section 17 (a) (1) (a). 1 or 2 the remaining part of aid shall be paid to the establishment in accordance with paragraph 1. 2, no. 4, after the end of the after-withdrawal period. For the other foreigners, the remainder of assistance shall be paid to the establishment 12 months after the departure of Denmark.

Paragraph 4. Instead of providing assistance with health insurance costs for a period of one year, cf. paragraph 2, no. 6, may the municipality Board, when the sickness insurance policy cannot be drawn up in the home Member State, decide to pay up to 5 000 cranes, in order to allow the foreigners to either draw up a health insurance or to use the amount to cover expenditure ; Processing. For foreigners who have the right of withdrawal after the Danish Act of Foreign and Security Section 17 (a) (1) (a). 1 or 2, it shall be paid in 1. Act. the amount of the aforementioned amount only after the expiry date. For other foreigners, this amount shall be paid 12 months after the departure of Denmark.

Paragraph 5. A foreigner can only receive assistance to repatriation once.

Paragraph 6. For a foreigner covered by Section 3 (3). 3 or 4 may help repatriate only when the foreigner returns to the home country or the former country of residence, together with the person to whom the foreigner has the family association which has formed the basis for the residence permit ; (reference).

Paragraph 7. Notwithstanding paragraph 1 6 may be provided for repatriation, if available ;

1) The foreigner has been separated from, and no longer coexist with the reference,

2) the reference is dead,

3) The foreigner as a child has been brought into a family reunion with his parents, and after his 18th birthday. This year wishes to repatriate or

4) the foreigner has a residence permit on the basis of a family attachment to a resident's son or a daughter and is covered by section 10 (4). 1, no. 4.

Paragraph 8. In the assessment of whether the foreigner has funds for repatriation, cf. paragraph 1, the municipal board of the municipality shall be disregarded from assets of up to 20 000 kr. for single and up to 40,000 kroner. for spouses.

§ 8. The local authority may, upon application in exceptional cases, provide assistance for up to 12 months for the payment of household expenses for a family if a member of the family returns to the home country or the former residence prior to the rest of the family.

§ 9. The local authority may decide on repayment of aid to repatriation, in the event of particular circumstances, in particular, if the foreigner has not made a genuine attempt to repatriate, or if the treatment is necessary for treatment ; the application for assistance to repatriation has been specified incorrectly or misleading information. Paragraph 95 of the Act on Active Social Policy applies mutatis mutis.

§ 9 a. Help for repatriation may not be granted to a foreigner who is deliberately evading prosecution in this country, in cases where :

1) the person concerned is in custody,

2) the police are after the person concerned with a view to the detention or detention period, or

3) there is a detention order.

Paragraph 2. Furthermore, repatriation aid may not be granted to a foreigner who is deliberately evading the penalty in this country, if the person concerned is sentenced to any unconditional prison sentence or other criminal legal proceedings that imply or provide an opportunity for : It's a detention exercise.

Paragraph 3. If the police or detectives are to be discouraged that a foreigner who deliberately evades prosecution in accordance with the following sentence, shall be provided in accordance with the following legal proceedings. paragraph 1, or sentencing, cf. paragraph 2, applied for or receive assistance to repatriation, shall be informed by the local authorities of the authority of the exception of the aid. The information must be given to the local authorities of the municipality in which the foreigner or the foreigner has been domiciled.

Paragraph 4. The local authorities may, upon application, decide to grant aid to repatriation which is not paid out, when the foreigner is no longer exempted from prosecution, cf. paragraph 1, or sentencing, cf. paragraph 2 if the conditions for the payment of assistance to repatriation in accordance with paragraph 7 (2) shall be granted. 1 and 6, by the way.

Chapter 4

Reintegration assistance

§ 10. The local authorities may, on application, provide a continuous, monthly reintegration assistance for five years for a foreigner covered by Section 3 (3). 1 or 7 if the foreigner

1) does not have the means to cover the need for reintegration assistance,

2) want to return to the home Member State or the former country of residence in order to take permanent residence,

3) have been granted a residence permit in Denmark for five years and

4) at the time of the repatriation age, age 55 fulfils the conditions for receiving early retirement or full 50 years of age and, owing to its state of health or similar conditions, it must not be possible to obtain a basis for the benefit of a given birth ; the home country or the former residence.

Paragraph 2. Instead of an ongoing, monthly reintegration assistance for five years in accordance with paragraph 1. 1 may be foreigner prior to the decision taken pursuant to paragraph 1 to the local authorities. 1, request to receive an ongoing, monthly life-long reintegration assistance that represents 80%. of the reintegration aid provided for in paragraph 1 1. The request is irrevocable.

Paragraph 3. The local authorities may, on application, provide a complementary, monthly reintegration assistance for five years to a foreigner covered by Section 3 (3). Paragraph 1 or 7, and which is eligible for the reintegration of the aid provided for in paragraph 1. 1 and granted a residence permit in this country before 1. July 2002. The additional reintegration aid amounts to DKK 1,000. per Month. Instead of an ongoing monthly service for five years, the foreigner may take a decision by the Council of Communes after 1. PC, request to receive a continuous, monthly, lifetime benefit of $800. The request is irrevocable.

Paragraph 4. Pension included in repatriation pursuant to the Law of Social Security, Act of Highest, Middle Interest, increased general and general early retirement, etc., or bilateral social security agreements between Denmark and other countries, from being deduced ; Reintegration aid.

Paragraph 5. The Pension Management Board shall provide for the payment of reintegration assistance and, in the context of the ongoing administration of the payment, decisions on repayment and the termination of reintegration assistance in accordance with detailed rules for this provision shall be made by : The Minister for Refugees, immigrants and Integration, cf. paragraph SIX, THREE. Act.

Paragraph 6. The Minister for Refugees, immigrants and integration provides for the size of the reintegration assistance for foreigners repatriated. The aid shall be determined in relation to the cost of living in each country and on the basis of an assessment of the possibilities for successful repatriation. The Minister for Refugees, immigrants and integration may lay down detailed rules on the conditions and procedures for the payment of reintegration assistance.

Paragraph 7. The local authorities may, in the case of cases of payment of reintegration assistance, obtain terminal access to information in the income register, see it in accordance with the procedure for granting the cases of reintegration assistance. law on an income register section 7.

§ 10 a. Payment of reintegration assistance shall cease for a foreigner who is deliberately evading the prosecution in this country, in cases where :

1) the person concerned is in custody,

2) the police are after the person concerned with a view to the detention or detention period, or

3) there is a detention order.

Paragraph 2. The payment of reintegration assistance shall also cease to a foreigner who is deliberately evading the penalty of imprisonment in this country, provided that the person in question is sentenced to any unconditional prison sentence or other criminal legal proceedings that may or may not be allowed to be carried out ; For the detention of freedom.

Paragraph 3. If the police or detectives are to be discouraged that a foreigner who deliberately evades prosecution in accordance with the following sentence, shall be provided in accordance with the following legal proceedings. paragraph 1, or sentencing, cf. paragraph The Pension Board shall be informed of the exception of the application for or receive reintegration assistance.

Paragraph 4. Payment of reintegration assistance shall cease with effect from the month in which the Pension Board is informed that the foreigner is evading penalty of the foreigners, cf. paragraph 1, or sentencing, cf. paragraph 2.

Paragraph 5. The local authorities may, on application, take a decision that the payment of reintegration assistance may be resumed when the foreigner is no longer exempted from prosecution, cf. paragraph 1, or sentencing, cf. paragraph 2 if the conditions for the payment of reintegration assistance after section 10 are otherwise fulfilled.

Paragraph 6. The local authorities may, upon application, decide that the reintegration aid which has not been paid shall be made in accordance with the application of the Administrative Board. paragraph One may be repaid if criminal prosecution does not lead to conviction. The conditions for the payment of reintegration assistance after section 10 must be fulfilled.

Chapter 5

Projects

§ 11. A foreigner covered by Section 3 (3). 1 or 7 and wish to return to the home Member State or the former country of residence, with a view to taking permanent residence, may be offered to work at a by-stop, reintegration or reconstruction project or similar in the home Member State or in the past ; the country of residence if there is any possibility of it.

Paragraph 2. In the establishment of projects abroad, the Ministry of Foreign Affairs is providing information to the Ministry of Refugees, Immigrants and Integration or the Agency or Organization, as the Ministry of Refugees, Immigrants and Integration, the consulting task is left to be charged.

Paragraph 3. In the context of a foreigner's application for assistance to the Ministry of Refugees, immigrants and the integration or association of the Ministry of Refugees, the local authorities shall apply for assistance to the Ministry of Refugees, immigrants and the organization or association, as the Ministry of Refugees ; Immigrants and Integration have overcharged the advisory role if the foreigners express the desire to work in a project in the home country or in the former country of residence. The Ministry of Refugees, Inhikers and Integration or the Agency, Organization or Association shall examine, in cooperation with the Ministry of Foreign Affairs, whether the foreigner may be offered to work on a project in the home Member State, or formerly known land.

Chapter 6

Storage egers

§ 12. In accordance with Chapter 10 law on legal certainty and administration in the social field, the local authority decisions under this law can be brought to the social stage in accordance with the rules laid down in Chapter 10.

Paragraph 2. The decisions of the social court in accordance with paragraph 1. 1 may not be brought to the second administrative authority. However, in accordance with the rules laid down in Chapter 10 of the Act on Social Security and Administration in the Social area, the Board of Appeal may record a case for treatment when the Board of Appeal considers that the matter has a fundamental or general importance.

Paragraph 3. The Pension Board ' s decisions after that law may be brought to the Board of Appeal.

Chapter 7

Funding, etc.

§ 13. The State shall reimburse the State of a municipality for assistance to repatriation in accordance with sections 7 and 8 and for reintegration assistance after section 10.

Paragraph 2. The Minister for Employment is, after negotiating with the Minister for Refugees, immigrants and integration, detailed rules on the assumption of reimbursement, accounting and auditing and on the limitation of the claims of the municipality's claims for reimbursement.

§ 14. The amounts referred to in section 7 (4). 2, no. 3, 5 and 8, and section 7 (4). The fourth is set in 2004-level and regulated from and with 2005 once a year on the first year. In January of the rate adjustment percentage, according to the law of a rate of percentage of satssation.

Paragraph 2. The amounts referred to in section 7 (4). 2, no. 4, and section 7 (4). 3, set in 2010-level and regulated from and with 2011 once a year on 1. In January of the rate adjustment percentage, according to the law of a rate of percentage of satssation.

Chapter 8

Entry into force and so on.

§ 15. The law shall enter into force on 1. January 2000.

Paragraph 2. (Excluded)

§ 16. (Excluded)

§ 17. (Excluded)

§ 18. (Excluded)

§ 19. The law does not apply to the Faroe Islands and Greenland. Article 16 may, however, be implemented in full or in part by means of a royal appliance, in whole or in part, to the Faeroe Islands and Greenland, with the deviations which are attributed to the special ferry or Greenland conditions.


Law No 424 of 31. The entry into force of May 2000 shall include :

§ 6

Paragraph 1. The law shall enter into force on the day following the announcement in the law. 1)

Paragraph 2. (Excluded)


Law No 365 of 6. June 2002 shall include the following entry into force :

§ 8

Paragraph 1. The law shall enter into force on 1. July 2002, cf. however, paragraph 1 2-5. 2)

Paragraph 2. (Excluded)

Paragraph 3. (Excluded)

Paragraph 4. (Excluded)

Paragraph 5. (Excluded)


Law No 1043 of 17. In December 2002, the following entry into force shall be :

§ 6

Paragraph 1. The law shall enter into force on 1. January 2003, cf. however, paragraph 1 Two and three. 3)

Paragraph 2. (Excluded)

Paragraph 3. (Excluded)


Law No 425 of 10. June 2003 shall include the following entry into force :

§ 4

Paragraph 1. The law shall enter into force on 1. January 2004, cf. however, paragraph 1 2-5. 4)

Paragraph 2. (Excluded)

Paragraph 3. (Excluded)

Paragraph 4. (Excluded)

Paragraph 5. (Excluded)


Law No 1157 of 19. In December 2003, the following entry into force shall be :

§ 2

Paragraph 1. The law shall enter into force on 1. January 2004. 5)

Paragraph 2. Repatriation Act, section 7, paragraph 7. 2-4, and section 10, paragraph 10. 2, as drawn up or inserted at the section 1 of this law. 3, 4 and 6 shall have effect on foreigners applying for aid following the law following the entry into force of the law.


Law No 1165 of 19. In December 2003, the following entry into force shall be :

§ 6

The law shall enter into force on the day following the announcement in the law. 6)


Law No 1380 of 20. In December 2004, the following entry into force shall be :

§ 7

Paragraph 1. The law shall enter into force on 1. January 2005. 7)


Law No 324 of 18. May 2005 includes the following entry into force :

§ 4

Paragraph 1. The law shall enter into force on 1. July 2005. 8)

Paragraph 2. (Excluded)

Paragraph 3. (Excluded)

Paragraph 4. (Excluded)


Law No 327 of 18. May 2005 includes the following entry into force :

§ 13

Paragraph 1. The law shall enter into force on 1. July 2005. 9)

Paragraph 2. The law shall have effect on persons who are deliberately evading the prosecution or sentencing of the person on 1. July 2005 or later.

Paragraph 3. (Excluded)

Paragraph 4. (Excluded)


Law No 404 of 8. In May 2006, the following entry into force shall be :

§ 23

Paragraph 1. (Excluded)

Paragraph 2. § § 2-6, section 7, no. 2, section 8-13, section 17, nr. 24, section 18-21 and § 22, nr. 1, 2 and 4, enter into force on 1. June 2006. 10)


Law No 248 of 23. March 2010 includes the following entry into force :

§ 2

Paragraph 1. The law shall enter into force on the day following the announcement in the law. 11)

Paragraph 2. The Repatriation Act, section 3, paragraph 3. 4, section 7, paragraph. 2, no. 4, section 7, paragraph. 3, section 7, paragraph. 7, section 10 (4). 1, no. 4, section 10, section. 3, and section 10 (3). 6, as drawn up, inserted or amended by the paragraph 1 of this law. 1, 2, 3, 3, 5, 7, 8 and 9 shall apply to applications for assistance to repatriation in accordance with the provisions of the section 3 and applications for reintegration as provided for in Article 10 of the law where repatriation takes place on 1. January, 2010, or later. This applies, regardless of whether the municipality Board has taken a decision in accordance with the rules in force, cf. Law Order no. 4 of 5. In January 2006, as amended by Section 12 of Act 12. 404 of 8. May 2006.

Paragraph 3. Law of the Repatriation Act, section 13. 1, as amended by the paragraph 1 of this law. 10 shall apply to municipal expenditure from the year 2010.

Paragraph 4. The Minister for Refugees, immigrants and integration makes proposals for the review of the law in the year 2013-14.

The Ministry of Refugees, Inhikers and Integration, the 6th. April 2010

Birthe Rønn Hornbech

-Nina Svanborg

Official notes

1) § 3 in Law # 424 of 31. May 2000, which was announced in the Second World Stateof the Law. In June 2000, a consequence of the consequences of paragraph 3 is related to Article 3 (2). 3 and 4.

2) Section 4 of Law No 365 of 6. June 2002 concerns an impact on the impact of Article 3 (3). 2, no. 2-5, and section 3, paragraph 3. 3 and 4, and the termination of section 3 (4). 2, no. 6.

3) § 3 in Law # 1043 of 17. In December 2002, the deletion of paragraph 13 (3) shall apply. ONE, THREE. Act.

4) § 3 in Law # 425 of 10. June 2003 pertains to the wording of section 6, 1. Act.

5) § 1 in Law No 1157 of 19. In December 2003, insert section 3 (3). Amendment 5, amendment of paragraph 7 (3). 1 ; section 7 (3) of the wording of Article 7 (1) 2, insert section 7 (4). Amendment Nos 3 and 4 ; section 10 (4) ; 1 ; insertion of section 10 (3) 2 and 4 ; Amendment 11, paragraph 1. 1 ; insert section 12 (3). 3 ; as well as changed the wording of section 14.

6) § 5, Act 5. 1165 of 19. December 2003, which was announced in the 22 of the law. In December 2003, Amendment No 10 (3) is concerned. 2 (now paragraph) 3).

7) § 3 in Law # 1380 of 20. In December 2004, it relates to the wording of section 13 (1). 2.

8) § 3 in Law # 324 of 18. In May 2005, it relates to the wording of section 7 (2). ONE, TWO. Act. The insertion of section 7 (3). Amendment No 7 ; Amendment No 10 (2). 1, no. 5, and Amendment No 14.

9) Section 11 of law no. 327 of 18. May 2005 concerns the insertion of § 9 a and § 10 a.

10) § 12, Act 12. 404 of 8. In May 2006, insertion of section 10 (3) is concerned. 7.

11) Law No 248 of 23. In March 2010, section 3 (3) has been amended. 4, the impact of the impact of paragraph 7 (3). Paragraph 1, amendment of Article 7 (2). 2, no. 4, and section 7 (4). 3, the termination of section 7 (4). SIX, TWO. pkt., inserting section 7 (s). 7, repealing section 10 (4). 1, no. 3, amendment of section 10 (3). 1, no. 5 (now number) 4), inserting new section 10 (4). 2, an impact change in section 10 (4). 4 (now paragraph) 5), amended the wording of section 10 (1). FIVE, TWO. Act. (now paragraph) SIX, TWO. point.), amended the wording of section 13 and insert section 14 (3). 2.