Law on the amendment of the law of foreigners, the source of tax law and integration of the law

(Access for asylum seekers to work and stay outside the right of asylum centres, etc., and the transfer of part of the police proceedings in the initial phase of the asylum process for the Immigration Management Board)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of foreigners, cf. Law Order no. 984 of 2. In October 2012, as last amended by Section 1 of Law No 572 of 18. June 2012, the following changes are made :

1. Everywhere in the law, " § 48 e, paragraph, is changed. 1 " to : " § 48 e, paragraph 1. TWO. "

2. I Section 13 (1). ONE, THREE. pkt., is inserted after "§ 14" : "and § 14 a".

3. The following section 14 is inserted :

" § 14 a. The Management Board shall, in accordance with the application, decide that a foreigner who has filed a residence permit pursuant to Article 7, without the work permit, may take employment in Denmark on the usual wages and conditions of employment, until such time as it is applied ; the foreigner shall be granted a residence permit, emitted or emitted when :

1) The identity of the foreigners is established,

2) The foreigner has stayed in Denmark for at least six months from the submission of a residence permit in accordance with section 7 ;

3) The Board of Lesions have taken a decision that the foreigner may be able to stay in Denmark at the time of the asylum process, cf. in section 48 e, paragraph 1. 2, and

4) the foreigner shall conclude a contract with the Foreign Office in accordance with paragraph 1. 3.

Paragraph 2. Paragraph 1 shall not apply to :

1) foreigners who are administratively expelled in accordance with section 25,

2) foreigners who have been expelled from judgment,

3) foreigners who are sentenced to conditional or unconditional imprisonment for criminal offences committed here in the country ;

4) foreigners covered by the reasons for exclusion in the Convention on Refugees of 28. July 1951,

5) foreigners whose application for residence permits in accordance with section 7 is treated according to section 53 b, and

6) foreigners under the age of 18, unless after a specific assessment, the Danish authorities consider that the interests of the minor in the minority are therefore being used.

Paragraph 3. The Immigration Board will conclude a contract on employment with the foreigner. It must be included in the contract as a condition that the foreigners include an indication of the residence permit in accordance with section 7, cf. § 40, paragraph. ONE, ONE. and 2. pkton, and after rejected by or from the absence of the residence permit, the journey without undue delay shall be included in the case of the residence permit, cf. § 40, paragraph. FOUR, ONE. Act. The Management Board shall guide, in writing, on the terms of employment, and in writing on the terms of employment, in particular, the requirement for cooperation.

Paragraph 4. The Board of Leeders shall take a decision on the contrary, however, on the other hand, a decision that a foreigner who has taken employment after this provision and no longer fulfils the conditions of this provision or does not comply with the terms of the conclusion reached ; contract, cf. paragraph Three, no longer has the right to take employment.

Paragraph 5. The Board of Appeal may approve pre-approval of collective bargaining which at the time of approval is not subject to a legal conflict, to the recruitment of foreigners under this paragraph. ` ;

4. I § 25 a, paragraph. 1, no. 1, in section 42 (a), SEVEN, TWO. Pct. " to : section 42 (a), 7, 4. Pct. "

5. I Section 33 (4). 2, is inserted after 1. Act. :

' In decisions on the application for a residence permit in accordance with sections 7 and 9 (b) and 9 c (1) (c) 3, no. Two, set the deadline for 15 days. "

6. I § 34, paragraph. 2, no. 3, is inserted after the "accommodation location," means : "or".

7. I § 34, paragraph. 2, no. 4, in section 42 (a), 7, 1. Pct. " to : section 42 (a), 7, 3. pkt., ", and", or " is deleted.

8. § 34, paragraph. 2, no. 5, revoked.

9. I § 34 inserted after paragraph 1. 2 as new paragraph :

" Stop. 3. The police are taking care of a foreigner's trip, and the foreigner does not include this in, cf. § 40, paragraph. FOUR, ONE. pkton, if deemed appropriate to ensure the presence or participation of the foreigners to the foregoing, the police may decide that the foreigner must present a meeting with the police at specified times. ` ;

Paragraph 3-5 shall then be referred to in paragraph 3. 4-6.

10. I § 34 a (3) (a) 1 and 5, in section 42 (a), 8, ' to : section 42 (a) (1). 9, "

11. I § 34 a (3) (a) 1, in section 42 (a), 9, " to : § 42 a, paragraph. 10, "

12. I § 36, paragraph. 2 and 6, " 42 (a) (a), 7, 1. pkt., "to :" 42 a, paragraph 1. 7, 3. Pkton, ".

13. I § 36, paragraph. 6, the ' paragraph shall be amended 11 ' shall be replaced by the following : TWELVE. "

14. I § 36, paragraph. 7, change ' § 34 (1). 3, "to :" § 34, paragraph. FOUR, "

15. I § 40, paragraph. 3, the following shall be inserted after ' necessary health care ' means ' or in the case of an accommodation or association of a accommodation covered by section 42 (a) (1). FIVE. "

16. I § 42 a, paragraph. FOUR, TWO. pkt., the following shall be inserted after ' necessary health care ' means ' or in the case of a residence on or in association with a accommodation covered by paragraph 1. FIVE. "

17. § 42 a, paragraph. 7, is hereby repealed and the following shall be inserted :

" Stop. 7. The Board of Appeal shall take a decision on the accommodation of foreigners covered by paragraph 1. 1 and 2, cf. paragraph In the case of accommodation, the Immigration Management Board shall, as far as possible, take account of whether these are newly-arrived asylum-seekers or asylum seekers who have been refused an application for residence permits in accordance with section 7. If a foreigner does not comply with the Immigration Board's instructions on accommodation, the Immigration Board may impose an invitation on the foreigners at a accommodation after the further determination of the Immigration Management Board. Such a foreigner must not, by means of violent or threatening behaviour towards persons performing tasks with the operation of an accommodation for foreigners, or to persons who are residing at the accommodation, shall impediments to the holding ; route for the execution of tasks with the operation of the accommodation location or for the maintenance of order in the accommodation area.

Paragraph 8. Families with children, of whom at least one of the parents have remained in Denmark at least 12 months after the final off-ing application for a residence permit in accordance with section 7, accommodation in special housing is to be offered in association with or without for the in paragraph 1. 5 mentioned accommodation spaces, unless the social or health situation of the family is critical of. The offer of accommodation in particular accommodation shall not be granted to families whose asylum procedure has been treated in accordance with section 53 b, or which has received air traffic on account of violence or threats of violence in accordance with paragraph 1. 7, unless the interests of the children's bowels in exceptional cases therefore talk and show for the time being in the face of time. It's a condition of an offer after 1. and that the members of the family have not been expelled from a judgment, administratively, in accordance with section 25, of the grounds for exclusion in the Convention of Refugees of 28. July 1951 or convicted of felony crimes committed in this country. The family no longer refills the terms of the third. ., on the other hand, the Immigration Board shall take a decision, on the other hand, a decision that the family should stay at a accommodation after the further determination of the Immigration Management Board. `

Paragk 8-13 shall then be paragraph 1. 9-14.

18. I § 42 a, paragraph. 8, 2. pkt., the first paragraph of the Member 9, 2. pkt., will be changed " Stk. SEVEN, TWO. pkt., "to," Stk. 7, 4. Pkton, ".

19. I § 42 a, paragraph. 9, the first paragraph of the Member 10 shall be replaced by ' paragraph 1. 8 ` shall be replaced by the following : NINE. "

20. I § 42 a, paragraph. 10, no. 3, the first paragraph of the Member 11, no. The third paragraph is replaced by paragraph 3. 7, 1. Act. or paragraph 1. 8, 1. pkt., " to the following paragraph : 7, 3. pktor, or paragraph, 9, 1. Pkton, ".

21. I § 42 a, paragraph. 12, the first paragraph of the Member 13, change the word "paragraph". 10 or 11 ` shall be replaced by the following : 11 or 12. "

22. I § 42 a, paragraph. 13, the first paragraph of the Member 14, change the word "paragraph". 10 and 11 shall be replaced by the following : 11 and 12. "

23. § 42 b, paragraph. 14, is hereby repealed and the following shall be inserted :

" Stop. 14. If a foreigner submitted for a residence permit pursuant to section 7, it shall be listed in section 14 a or § 42 g (2) a or § 42 g (2) (a). 2, this shall be dedufraunpaid in cash benefits payable under the rules laid down in paragraph 1. 1-13.

Paragraph 15. Paragraph 1-13 shall not apply to a foreigner who has been moved to its own residence, cf. § 42 k, or his household.

Paragraph 16. The Immigration Board shall lay down the detailed rules for deductions, cf. paragraph 14.

Paragraph 17. The people in paragraph 3. 2, 4-6, 10 and 12 specified amounts are set in the 2003 amount and shall be adjusted from and with 2004 once a year on the 1 year. In January, after the Rate Adjustment%, cf. Act of a rate adjustment percentage. ` ;

24. I § 42 c (3) TWO, ONE. pkt., the following conditions shall be inserted after ' preconditions ` means : ', including any employment.

25. I § 42 (f) (d) ONE, ONE. pkt., the following shall be inserted after ' cultural and social conditions ' : ' and the employment, educational and housing conditions '.

26. I § 42 (f) (d) 2 , pasted as Act 2. :

' A foreigner whose application for a residence permit in accordance with section 7 is under consideration in this country, cf. in section 48 e, paragraph 1. 2, may also participate in Danish education. `

27. I § 42 (f) (d) 5, is inserted after 2. Act. :

" A 17-year-old foreigner whose application for a residence permit in accordance with section 7 is under consideration in this country, cf. in section 48 e, paragraph 1. 2, may also participate in Danish education. `

28. I § 42 (f) (d) 8, the ' schools, educational establishments and service providers of the Ministry of Employment, the Ministry of Culture, the Ministry of Culture and Education and the Ministry of Justice shall be replaced by : ' external actors, including schools, educational establishments and service providers ; Ministry of Employment, the Ministry of Culture, Child Services and Ministry of Education and the Ministry of Justice, "

29. I § 42 g, 1. pkt., shall be inserted after ' § 42 a (1), 1 or 2, cf. paragraph 3, ":" or § 42 k, "".

30. I § 42 g pasted as paragraph 2 :

" Stop. 2. A foreigner submitting an application for a residence permit pursuant to section 7 and which has been admitted to a youth training may participate in the culture or wage practised in the course of training until the foreigners are granted a residence permit, travel or being sent out. "

31. After § 42, insert :

" § 42 k. The Management Board shall, after application, decide that a foreigner which has filed a residence permit pursuant to Article 7 is entitled to relocate in their own residence until the foreigner is granted a residence permit, emitted or emitted, if applicable ;

1) The foreigner has stayed in Denmark for at least six months from the submission of a residence permit in accordance with section 7 ;

2) The Board of Lesions have taken a decision that the foreigner may be able to stay in Denmark at the time of the asylum process, cf. in section 48 e, paragraph 1. 2,

3) The foreigner can provide for his household,

4) the residence is situated in a municipality to which refugees can be searched on the basis of the agreed or established local councters, cf. the integration law, Section 8,

5) the residence is suitable for the inhabitation of the household and

6) the foreigner shall conclude a contract with the Foreign Office in accordance with paragraph 1. 5.

Paragraph 2. Paragraph 1 shall not apply to :

1) foreigners who are administratively expelled in accordance with section 25,

2) foreigners who have been expelled from judgment,

3) foreigners who are sentenced to conditional or unconditional imprisonment for criminal offences committed here in the country ;

4) foreigners covered by the reasons for exclusion in the Convention on Refugees of 28. July 1951,

5) foreigners whose application for residence permits in accordance with section 7 is treated according to section 53 b, and

6) foreigners under the age of 18, unless after a specific assessment, the Danish authorities consider that the interests of the minor in the minority are therefore being used.

Paragraph 3. A foreigner who has been moved to its own residence, cf. paragraph 1, and members of his household ' s household, have the right to have the necessary health costs covered by the Immigration Agency, cf. § 42 a, paragraph. 1, cf. paragraph 3.

Paragraph 4. A foreigner who has been moved to its own residence, cf. paragraph 1, and members of their household ' s household, have the right to apply and to education as foreigners covered by section 42 (a) (1). 1 and 2, cf. paragraph 3 if the employment conditions of the person concerned do not prevent this.

Paragraph 5. The Immigration Board shall enter into a contract with the foreigner on the accommodation in their own residence. It must be included in the contract as a condition that the foreigners include an indication of the residence permit in accordance with section 7, cf. § 40, paragraph. ONE, ONE. and 2. pkton, and after rejected by or from the absence of the residence permit, the journey without undue delay shall be included in the case of the residence permit, cf. § 40, paragraph. FOUR, ONE. Act. The Management Board shall guide, in writing, on the terms of the contract, the foreigners shall orally and in writing on the conditions for accommodation in their own accommodation, including in particular the requirement for cooperation.

Paragraph 6. The Board of Leeders shall take a decision on the contrary, however, on the other hand, a decision that a foreigner has moved to its own residence in accordance with paragraph 1. 1 and which no longer satisfy the conditions of this or do not comply with the terms of the contract concluded, cf. paragraph 5, shall take a residence in an accommodation post after the further detailed rule of the Committee of the Committee.

Paragraph 7. The Board of Letters shall lay down detailed rules for the suitability of the residence, cf. paragraph 1, no. 5.

§ 42 l. The Board of Letters shall take a decision on the application of a foreigner which has filed a residence permit pursuant to Article 7, may accommodation in private or be offered an independent residence in association with a accommodation location, covered by section 42 (a) (a), 5, until the foreigners are granted a residence permit, emitted or emitted, if :

1) The foreigner has stayed in Denmark for at least six months from the submission of a residence permit in accordance with section 7 ;

2) The Board of Lesions have taken a decision that the foreigner may be able to stay in Denmark at the time of the asylum process, cf. in section 48 e, paragraph 1. 2, and

3) the foreigner shall conclude a contract with the Foreign Office in accordance with paragraph 1. 4.

Paragraph 2. Paragraph 1 shall not apply to :

1) foreigners who are administratively expelled in accordance with section 25,

2) foreigners who have been expelled from judgment,

3) foreigners who are sentenced to conditional or unconditional imprisonment for criminal offences committed here in the country ;

4) foreigners covered by the reasons for exclusion in the Convention on Refugees of 28. July 1951, and

5) foreigners whose application for residence permits in accordance with section 7 is dealt with under Section 53 b.

Paragraph 3. The Management Board shall, after application, decide that a foreigner which has filed a residence permit pursuant to Article 7 may be accommodation in private at a resident ' s spouse until the foreigner is granted a residence permit, trips out ; or be issued if the foreigner enters into a contract with the Foreign Office in accordance with paragraph 1. This does not apply to foreigners covered by paragraph 1. 2.

Paragraph 4. The Board of Appeal shall conclude a contract with the foreigner on his / her private accommodation or accommodation in self-employment, cf. paragraph 1. It shall be included in the contract as a condition that the foreigner is included in the case of a residence permit in accordance with section 7, cf. § 40, paragraph. ONE, ONE. and 2. pkton, and after rejected by or from the absence of the residence permit, the journey without undue delay shall be included in the case of the residence permit, cf. § 40, paragraph. FOUR, ONE. Act. The Immigration Management Board shall be verbally and written in writing on the terms and conditions of private accommodation or accommodation in self-employed accommodation, including in particular the requirement for cooperation.

Paragraph 5. Composition on private accommodation requires that the housing is located in a municipality to which refugees can be searched on the basis of the agreed or established local councters, cf. The Integration Act, section 8. Under the age of 18, a foreigner under 18 can only be accommoded privately if the Leaning Board, after a specific assessment, finds that the interests of the minor in the minority are therefore speaking. 1. Act. does not apply to foreigners who wish to see private accommodation with a resident spouse.

Paragraph 6. On the other hand, the Board of Appeal shall, on the other hand, take a decision on the fact that a foreigner is the subject of the district pursuant to this Section and no longer fulfils the conditions of this Article or does not comply with the terms of the contract concluded ; cf. paragraph 4, shall be accommodation in a accommodation post after the further detailed rule of the Committee of the Committee on the Leaning of the Committee.

Paragraph 7. A foreigner which is the subject of the district pursuant to this Section shall continue to be provided for by the Immigration Agency, cf. § 42 a, paragraph. 1, cf. paragraph 3 and 4, and section 42 (b) and continues to be subject to the rules on training and activation of this law, cf. ~ § 42 c-42 g. "

32. I § 43 a inserted after paragraph 1. 7 as new paragraph :

" Stop. 8. Foreigners who have been definitively refused a residence permit pursuant to section 7 and for whom a deadline is set out in accordance with section 33 (4). 2, offer advice on the opportunities for home travel, including the possibility of supporting paragraph (1) of the Member State of the European Union. 2 for re-establishment in the country to which the foreigners are abroad. The Minister may decide that the unwilling advice must be carried out by one or more private organisations. ` ;

Paragraph 8 becomes paragraph 8. 9.

33. I Section 44 (a) 10, 1. pkt., after ' employment by this law ` : ' information on foreigners who have acquired employment pursuant to section 14 (a) `.

34. I § 46 a, paragraph. 1, in section 42 (a), 8, 1. Pct. " to : section 42 (a), 9, 1. Pct. "

35. I § 46 a, paragraph. 1, pasted as Act 2. :

' The decisions of the drainage board shall not be complained as regards the geographical location of the residence as far as the location of the residence is concerned. `

36. I § 48, 3. pkt., is inserted after " § 40 b (b), 1, ' shall mean ' and any decision to take into account documents or objects in conservation, cf. § 40, paragraph. 8, ".

37. § 48 e ITREAS :

" § 48 e. The police shall register a foreigner applying for a residence permit pursuant to section 7, with name, birth data and nationality on the basis of information from the foreigners or data provided for in documents relating to the foreigner. The police are also registering personal photography and fingerprints of the foreigner, cf. § § 40 a and 40 b. In the case of registration, the police issue an asylum seeker card to the foreigner.

Paragraph 2. When the Immigration Board has decided that a foreigner who claims to be in section 7 may be able to stay here in the country at the time of the asylum process, the Immigration Board shall record the foreigner as an asylum seeker.

Paragraph 3. For the determination of the Committee of the Leaning of the Board of Goverment pursuant to paragraph 1. 2 shall carry out an investigation with a view to establishing the identity, nationality and travel route of the foreigners and shall obtain further information required. The Board of Appeal may require the identification of the foreigners to carry out necessary personal investigations, including age examination, language testing or DNA testing.

Paragraph 4. The Board of Appeal shall, by the way, make the case, except in cases covered by Chapter 7 b. ` ;

38. I § 60, paragraph. 1, in section 42 (a), 7, 1. pkt., and section 42 (a), 8, 1. pkt., " to : § 42 a, paragraph. 7, 3. pkt., and section 42 (a), 9, 1. Pkton, ".

§ 2

In the source tax law, cf. Law Order no. 1403 of 7. In December 2010, as amended in section 5 of Act 5. 591 of 18. June 2012 and section 2 of Law No 921 of 18. September 2012 and no later than Section 5 of Law No 1395 of 23. December 2012, the following changes are made :

1. Section 2 (2). 5, ITREAS :

" Stop. 5. The tax obligation pursuant to paragraph 1. 1, no. 3. The final fulfilment of the tax after paragraph 48 B and the submission of labour market contributions. The same applies to the tax obligation in accordance with paragraph 1. 1, no. 1, where the taxable applicant for a residence permit shall be applied in accordance with Article 7 of the foreignment. Persons covered by paragraph 1. 1, no. However, 3 may choose to be taxed as if the person concerned was covered by paragraph 1. 1, no. 1. The choice must be taken by the 1. May in the year following that of the product concerned. The elections can be converted into and with the 30. June of the second calendar year after the end of the year of the year. `

2. I § 48 B, paragraph 1. 1, pasted as Act 2. :

' In the same way, the same applies to persons applying for residence permits in accordance with Article 7 of foreigners and which acquire the income covered by Article 2 (2). 1, no. 1. "

§ 3

In the integration act, cf. Law Order no. 1071 of 16. In November 2012, the following changes are made :

1. The following section 11 is inserted :

" § 11 a. In cases where an asylum seeker under the treatment of asylum is moved to its own home, cf. the section 42 of foreigners, or is private in the area, cf. The section 42 of the foreigners shall be subject to the local authority to which the fugitive has been moved or in the area of the local authorities. If the municipality ' s quota at the time of the requisition is used, the Board of Levitation shall, before a decision on searches, obtain an opinion from the municipality as to whether there are any particular reasons for the person concerned and his family shall not be accommoposted in the municipality.

Paragraph 2. However, the Board of Appeal may visitation to another municipality other than those referred to in paragraph 1. 1 if the special circumstances of the refugee or the municipality shall state it. ` ;

§ 4

The law shall enter into force on 2. May 2013.

§ 5

The law does not apply to the Faroe Islands and Greenland, but in the case of the Faroe Islands and Greenland, sections 1 can, in the case of the Faroes and Greenland, be brought into force by means of the changes that the ferry and Greenland conditions are changing.