Notice Of Repatriation Act

Original Language Title: Bekendtgørelse af repatrieringsloven

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Overview (table of contents)



Chapter 1



Purpose, persons, etc.





Chapter 2



Advice, etc. on repatriation





Chapter 3



Help for repatriation





Chapter 4



Reintegration assistance





Chapter 5



Projects





Chapter 6



Complaint rules





Chapter 7



Financing, etc.





Chapter 8



Entry-into-force provisions, etc.



The full text of the announcement of the repatriation law

Hereby promulgated repatriation law, see. lovbekendtgørelse nr. 871 of 29. August 2012, with the changes imposed by section 4 of Act No. 493 of 21. may 2013 and 5 of law No. 494 of 21. may 2013.

Chapter 1 Purpose, persons, etc.

§ 1. The law's purpose is through a repatriation effort that 1) give aliens the best possible basis on which to adopt a position and possibly make the decision to repatriate and 2) support international repatriation.

§ 2. By repatriation, for the purposes of this law the voluntary return of foreigners to their country of origin or former residence in order to take permanent residence.

§ 3. The law applies to refugees, etc., family reunification for refugees, etc. and other aliens reunited aliens, without prejudice. paragraphs 2 to 4. The law also includes foreigners who have been granted a residence permit in Denmark in accordance with the rules applicable before the Aliens Act of 1983, see. Act No. 226 of 8. June 1983, or who are born in this country as descendants of these.

(2). By refugees, etc. means foreigners who have residence permit after 1) Immigration Act § § 7 or 8, 2) Aliens Act section 9 b, 3) Aliens Act section 9 c, paragraph 1, in the immediate extension of a residence permit for Aliens Act section 9 b, 4) Aliens Act section 9 (c), when the authorization was granted a foreigner who has submitted the application for a residence permit in accordance with the Aliens Act section 7, or 5) the aliens section 9 (e).

(3). By family reunification immigration for refugees, etc. means foreigners who have residence permit for Aliens Act section 9 or section 9 (c), paragraph 1, as a result of a family links to a person covered by paragraph 2.

(4). By other family reunification of foreigners means foreigners who have had a residence permit in this country for at least 5 years, and who have a residence permit in accordance with the Aliens Act § 9, § 9 (c), paragraph 1, as a result of a family links to a person who is not covered by paragraph 2, § 9 section 9 m or n.

(5). Is a foreigner's residence permit denied extended or withdrawn without prejudice. Aliens Act section 11 (2) and section 19 (1), the person concerned shall be deemed to be within the scope of the law until the end of the exit time limit laid down in connection with the decision on refusal of renewal or withdrawal of a residence permit.

(6). The law does not apply to foreigners who are nationals of another Nordic country or are nationals of a country which is connected to The European Union or are covered by the agreement on the European economic area or is subject to European Union rules on visa exemption and repealing entry and residence restrictions in connection with the free movement of workers, establishment and the provision of services, etc.

(7). Social, child-and integration the Minister may upon application decide that an alien who has a residence permit on the basis other than mentioned in paragraphs 2 to 4 shall be considered as covered by the law.

Chapter 2 Advice, etc. on the repatriation section 4. Social, Child-and Integration Ministry has responsibility for the individual advice of expats, which expresses the desire to return to their country of origin or former residence, and assume its general information activities relating to repatriation.

(2). Social, Child-and integration Affairs may entrust the performance of the task referred to in paragraph 1 to the Danish Refugee Council, or to one or more authorities, organisations or associations, etc. Social-, Child-and the Ministry of integration can also entrust specific tasks to one or more authorities, organisations or associations, etc.

§ 5. The local authority supervisor in connection with the special integration effort after the Integration Act, or when there is reason to do so, about the possibility of receiving help with repatriation. The Municipal Council shall inform Social-, Child-and Integration Ministry or authority, organization or association, as the Ministry has entrusted advisory task to, when foreigners expresses desire to return to their country of origin or former residence.

§ 6. Notwithstanding the provisions of section 5 of the Act on an active social policy and article 25, paragraph 2, in the Integration Act may request the Municipal Council may allow a foreigner receives help to support according to the rules laid down in the Act on active social policy and Integration Act, if the person concerned is participating in the internship or training courses or in reconnaissance trips to their country of origin or former residence in order later to decide on repatriation. The Municipal Council must use for the assessment of the application to obtain the opinion of Social, Child-and Integration Ministry or authority, organization or association, as the Ministry has entrusted the task of counselling.

Chapter 3 Assistance to the repatriation section 7. The local authority provides for application help for repatriation to an alien who is subject to section 3, paragraph 1 or 7. There can only be paid help for repatriation, if the alien does not have the means to do so, see. paragraph 8, and want to return to their country of origin or former residence in order to take permanent residence.

(2). Help for repatriation includes 1) expenses for travel from Denmark to the country of origin or former residence, 2) the cost of transportation of personal belongings up to 2 m 3 per person, 3) expenditure not exceeding $11,615. for the transport of equipment necessary for the alien or his family's profession in the home Member State or the former country of residence, 4) help for establishment in the country of origin or former residence up to 117,581 € per person over the age of 18 years, and with until 35,860 DKK per person who is not 18 years of age, 5) expenditure not exceeding $11,615. for the purchase of business equipment, which will be suitable to promote the alien's employment opportunities and the reconstruction of their country of origin or former residence, as well as expenditure not exceeding 15,000 DKK for transporting such equipment, 6) the cost of health insurance for one year in the country of origin or former residence If not otherwise established such insurance, 7) expenses for carrying prescription drugs to a maximum of 1 year's consumption and 8) expenditure brought necessary personal assistive devices to a maximum of 1 year's consumption or to other devices, shall not exceed a total of 5,000 DKK, as well as help for necessary vaccination in Denmark.

(3). Assistance to the establishment in accordance with paragraph 2, nr. 4 shall be paid in two parts, so that the return is paid until 17,581 € per person over the age of 18 years, and until 5,860 DKK per person who is not 18 years of age. For foreigners who have a right of withdrawal in accordance with the Aliens Act section 17 (a) (1) or (2) shall be paid the remainder of the assistance to the establishment in accordance with paragraph 2, nr. 4, after the withdrawal deadline. For other foreigners paid the remainder of help to establish 12 months after his departure from Denmark.

(4). Instead of providing help for the cost of health insurance for one year, see. (2). 6, Councillor, when health insurance is not difficult or may be subscribed for in the home Member State may decide to withdraw a maximum of 5,000 DKK, in order that the alien may itself can take out health insurance or use the amount to cover the costs of treatment. For foreigners who have a right of withdrawal in accordance with the Aliens Act section 17 (a), paragraph 1 or 2, it shall be paid in 1. item amount referred only after the withdrawal deadline. For other foreigners paid this amount 12 months after his departure from Denmark.

(5). A foreigner can only receive assistance for repatriation once.

(6). For an alien who is subject to section 3, paragraph 3 or 4, may help to repatriate will be granted only when the alien return to their country of origin or former residence together with the person to whom the alien has the family relationship, which has formed the basis for the residence permit (reference).

(7). Notwithstanding the provisions of paragraph 6 may be granted aid for repatriation, if 1) the alien has been divorced and no longer partner with the reference 2) reference is dead, 3) the alien has been family reunified as a child with his parents and after his 18 years. years wants to repatriate or 4) the alien has a residence permit on the basis of a family links to a resident son or daughter and is covered by article 10, paragraph 1, no. 4. Paragraph 8. In assessing whether the alien has funds for repatriation, see. (1) see the Municipal Council away from assets amount of up to 20,000 DKK for single people and up to 40,000 KR. for spouses.

§ 8. The Municipal Council may upon application in exceptional cases provide assistance for up to 12 months for the payment of the cost of housing for a family if a family member returns to their country of origin or former residence ahead of the rest of the family.


§ 9. The Municipal Council can take a decision on the repayment of assistance for repatriation, if special circumstances justify, in particular, if the alien has not made a real attempt at repatriation, or if to use for the examination of the application for assistance for repatriation is set false or misleading information. section 95 of the Act on active social policy shall apply mutatis mutandis.

§ 9 a. help for repatriation cannot be granted to an alien who deliberately evade criminal prosecution in this country in cases where the person concerned is in custody) 1, 2) Police searching for the particular purpose of pre-trial detention or 3) there is a pre-trial detention order.

(2). Help for repatriation may also not be granted to an alien who deliberately evade justice in this country, if the person is sentenced to unconditional imprisonment or other penal retsfølge, which involves or allows deprivation of liberty.

(3). Get the police or probation presumption that an alien who deliberately evade prosecution, see. paragraph 1, or punishment execution, see. (2) have applied for or are receiving assistance for repatriation, the Municipal Council shall be informed of such removal. Notification shall be given to the Municipal Council of the municipality in which the alien or last resided.

(4). The Municipal Council may decide to request help for repatriation, which has not been paid, may be granted when the alien no longer evade prosecution, see. paragraph 1, or punishment execution, see. paragraph 2, provided that the conditions laid down for the payment of aid for repatriation under section 7, paragraphs 1 and 6, are fulfilled.

Chapter 4 Reintegration assistance section 10. The Municipal Council may on application make an ongoing, monthly reintegration assistance for 5 years for an alien who is subject to section 3, paragraph 1 or 7, if the alien 1) do not have the means, which can cover the need for reintegration assistance, 2) wish to return to their country of origin or former residence in order to take permanent residence, 3) have had a residence permit in Denmark in 5 years and 4) at the time of repatriation is filled 55 years qualify to receive an early retirement pension or is filled 50 years and because of his State of health or similar conditions may be assumed not to be able to obtain a support base in the country of origin or former residence.

(2). Instead of an ongoing, monthly reintegration assistance for 5 years in accordance with paragraph 1 if the alien before the Municipal Council shall take a decision in accordance with paragraph 1, request to receive a continuous, lifelong monthly reintegration assistance, which makes up 80 percent of reintegration assistance in accordance with paragraph 1. The request is irrevocable.

(3). The Municipal Council may, on application, grant an additional ongoing, monthly reintegration assistance for 5 years to an alien who is subject to section 3, paragraph 1 or 7, and which is eligible for reintegration assistance in accordance with paragraph 1 and granted residence permit in this country before the 1. July 2002. The additional reintegration assistance constitutes 1,000 € per month. Instead of an ongoing, monthly performance in 5 years if the alien before the Municipal Council shall take a decision in accordance with 1. item, ask to receive an ongoing, monthly, lifelong performance at 800 DKK Request is irrevocable.

(4). Pension, there shall be included in repatriation pursuant to the law on social pensions, the law on the highest, middle, elevated plain and ordinary anticipatory pension, etc. or bilateral agreements on social security between Denmark and other countries, deducted from the reintegration assistance.

(5). Payment payment of reintegration assistance and conducting Denmark can in connection with the ongoing administration of the disbursement decisions on repayment and termination of reintegration assistance in accordance with the detailed rules laid down by social, child-and integration Minister, see. (6) 3. PT.

(6). Social integration Minister, child and determines the size of the reintegration assistance for foreigners repatrierer. Aid shall be fixed in relation to the cost of living in each country and on the basis of an assessment of the possibilities for a successful repatriation. Social, child-and integration Minister may lay down detailed rules on the conditions of and procedure for payment of reintegration assistance.

(7). The Municipal Council may for use for treatment of cases for payment of reintegration assistance get terminal access to information in the register, see income. law on an income directory section 7.

§ 10 a. payment of reintegration assistance is terminated for an alien who deliberately evade criminal prosecution in this country, in cases where the person concerned is in custody) 1, 2) police after seeking the person concerned for the purpose of pre-trial detention or 3) there is a pre-trial detention order.

(2). Payment of reintegration assistance is terminated and, in addition, for an alien who deliberately evade justice in this country, if the person is sentenced to unconditional imprisonment or other penal retsfølge, which involves or allows deprivation of liberty.

(3). Get the police or probation presumption that an alien who deliberately evade prosecution, see. paragraph 1, or punishment execution, see. (2) have applied for or are receiving reintegration assistance, Payment Denmark informed of fraud.

(4). Payment of reintegration assistance will cease with effect from the month in which Payment Denmark becomes aware of that alien to elude prosecution, see. paragraph 1, or punishment execution, see. (2).

(5). The Municipal Council may upon application decide that payment of reintegration assistance can be resumed when the alien no longer evade prosecution, see. paragraph 1, or punishment execution, see. paragraph 2, provided that the conditions laid down for the payment of reintegration assistance pursuant to section 10 are fulfilled.

(6). The Municipal Council may upon application decide that reintegration assistance that has not been paid, see. paragraph 1, may, in accordance with the paid, if the prosecution does not lead to conviction. The conditions for payment of reintegration assistance under section 10 shall be fulfilled.

Chapter 5 Projects § 11. An alien who is subject to section 3, paragraph 1 or 7, and want to return to their country of origin or former residence in order to take permanent residence, can be offered work by an assistance, rehabilitation or reconstruction project or similar in the country of origin or former residence, if there is the opportunity to do so.

(2). Through the establishment of projects abroad gives the Foreign Ministry information to Social, Child-and Integration Ministry or authority, organization or association, as the Social-, Child-and the Ministry of integration have left advisory task to.

(3). The Municipal Council must in the context of a foreigner's application for assistance to repatriate contact Social, Child-and Integration Ministry or authority, organization or association, as the Social-, Child-and the Ministry of integration have left advisory task to, if the alien expresses desire to work on a project in the country of origin or former residence. Social, Child-and Integration Ministry or the relevant authority, organization or association is investigating in cooperation with the Ministry of Foreign Affairs, on the alien can be offered work at a project in the country of origin or former residence.

Chapter 6 Complaint rules § 12. Municipal Board's decisions in accordance with this Act may be brought before the National Board of Appeal according to the rules laid down in Chapter 10 of the law on legal security and administration in the social sphere.

(2). Payout Denmark's decisions after this Act may be brought before the Appeal Board.

Chapter 7 Finance, etc.

§ 13. The State will reimburse a municipality's expenses to help with repatriation after §§ 7 and 8 as well as reintegration assistance pursuant to section 10.

(2). Employment Minister sets out after negotiation with social, child-and integrationsministereren detailed rules on authorisation of reimbursement, financial reporting and auditing, and about the obsolescence of the municipalities a claim for any reimbursement.

§ 14. The amounts referred to in section 7, paragraph 2, no. 3, 5 and 8, and article 7, paragraph 4, is set out in the 2004 level and be regulated as of 2005 once a year the 1. January with percentage, cf. Act on a rate adjustment for percentage.

(2). The amounts referred to in section 7, paragraph 2, no. 4, and § 7 (3), laid down in 2010-level and adjusted as from 2011 once a year the 1. January with percentage, cf. Act on a rate adjustment for percentage.

Chapter 8 entry into force provisions, etc.

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

(2). (Omitted).

§§ 16-18. (Omitted).

§ 19. The law does not apply to the Faroe Islands and Greenland. § 16 may, however, by Royal Decree in whole or in part, be in force for the Faroe Islands and Greenland with the variances, as the special Faroese or Greenlandic circumstances warrant.

Act No. 1157 of 19. December 2003 includes the following entry into force and transitional provisions. (The amendment relating to sections 3, 7, 10, 11, 12 and 14. The amendment concerns reintegration assistance, help for setting up health insurance, transport of professional equipment, etc.)

§ 2 paragraph 1. The law shall enter into force on the 1. January 2004.


(2). Repatriation section 7, paragraphs 2 to 4, and article 10, paragraph 2, as amended or added by this Act § 1, nr. 3, 4 and 6 shall have effect for foreigners who submit an application for aid in accordance with the law after the Act's entry into force.

Act No. 327 of 18. May 2005 contains the following entry into force and transitional provisions. (The amendment relates to section 9 (a) and section 10 (a). A legislative change regards the cessation of payment of social pensions and other benefits avoidance of criminal prosecution or punishment execution.)

section 13 (1). The law shall enter into force on the 1. July 2005.

(2). The law has effect for people who deliberately evade prosecution or punishment enforcement 1. July 2005 or later.

Paragraph 3-4. (Omitted).

Act No. 248 of 23. March 2010 contains the following entry into force and transitional provisions. (The amendment relating to sections 3, 7, 10, 13 and 14. The amendment concerns the extension of the target audience, increase in repatriation aid, alignment of reintegration assistance, additional reintegration allowance for certain aliens and strengthening of the communal effort. Section 2: below) Information Notice in the Official Gazette took place on 24 November. March 2010.

§ 2 paragraph 1. The law shall enter into force on the day after publication in the Official Gazette.

(2). Repatriation article 3, paragraph 4, article 7, paragraph 2, no. 4, section 7, paragraph 3, article 7, paragraph 7, section 10, paragraph 1, no. 4, section 10, paragraph 3, and article 10, paragraph 6, as amended, inserted or amended by this Act, section 1, no. 1, 3, 4, 6, 8, 9 and 11 shall apply to applications for aid for repatriation after repatriation Act Chapter 3 and applications for reintegration assistance for repatriation Act § 10, if repatriation takes place on 1 May. January 2010 or later. This is true regardless of whether the Municipal Council has taken a decision in accordance with the existing rules referred to in article 6. lovbekendtgørelse nr. 4 of 5. January 2006 as amended by section 12 of Act No. 404 of 8. May 2006.

(3). Repatriation Act § 13 (1), as amended by this Act, section 1, no. 12, are applicable to municipal expenditure incurred as from the fiscal year 2010.

(4). The Minister for refugees, immigrants and integration puts forward proposals for the revision of the law in the Danish Folketing year 2013-14.

Act No. 759 of 29. June 2011 contains the following entry into force and transitional provisions. (The amendment relating to sections 3, 13 and 14. As regards the amendment strengthened the municipal guidance service and introduction of performance in the context of repatriation grants, etc.)

§ 3 paragraph 1. The law shall enter into force on the 1. July 2011.

(2). The law applicable to foreigners, as repatrierer with the aid provided for in law the repatriation 1. July 2011 or later.

Act No. 437 of 21. may 2012 includes the following entry into force and transitional provisions. (The amendment relates to sections 13 and 14. The amendment concerns the abolition of the municipal guidance service and elimination of result grants in connection with repatriation. )

§ 3 paragraph 1. The law shall enter into force on the 1. July 2012.

(2). The law applicable to foreigners, as repatrierer with the aid provided for in law the repatriation 1. July 2012 or later.

Act No. 493 of 21. may 2013 contains the following entry into force and transitional provisions. (The amendment relates to paragraph 12. The amendment concerns the simplification of complaint structure on the social and employment area. )

section 25 of the law shall enter into force on the 1. July 2013.

section 26 (Omitted).

Act No. 494 of 21. may 2013 contains the following entry into force and transitional provisions. (The amendment relates to sections 10, 10A and 12. The amendment concerns the transfer of the pension Agency's tasks to Denmark. )

§ 11 paragraph 1. The law shall enter into force on the 1. June 2013.

(2). Denmark finished deals with payment on shipping as a result of § § 3-6 will be transferred for treatment in Denmark, and as not before Payment of the Act's entry into force is finally completed by the pension Agency. Customs and tax administration finished deals with cases as a result of the law's § 9 transferred to treatment in customs and tax administration, if they have not been settled by the pension Agency at the time of the entry into force of the Act.

(3). Denmark can payout without renewed consent treat cases under paragraph 2, if the citizen has given consent to the pension agency under section 11 (a), paragraph 1, of the law on legal security and administration in the social sphere.

(4). Denmark takes over the Pension Agency's payment claims against the citizen and the citizen's claim against the Pension Agency, which may be provided by the entry into force of the Act, in cases arising from § § 3-5 be transferred to cash out Denmark.

Social, Child-and the Ministry of integration, the 28. August 2013 P.M.V. Jesper Zwisler/F20 Vizard