Opinion on the fulfilment of the housing requirements in family reunification cases and on the opinion of the municipal council of the reference

Pursuant to Section 9(2) of Section 9(2) and Section 9(2) of Section 9(2) of Section 9 of Section 9 of Section 9 of Section 1, 3 of Section 19(1) and pursuant to Section 19(1)(b) of the Danish Immigration Service, pursuant to Article 1021 of 19 September 2014,:

Chapter 1

Definitions

§ 1. Where an applicant is understood in this notice a foreigner who has an application for residence permit or extension of residence permit pursuant to Section 9(1) of the Danish Immigration Service pursuant to Article 9(1) or § 9 c(1) of the Danish Immigration Service § 11(2) or a foreigner whose residence permit may be subject to the § 19(1) of the Danish Immigration Service.

Substances. 2. For a reference, the provision of the Immigration Service shall be construed in accordance with the provisions of the Immigration Service, in accordance with Section 9(6) of Section 9(6) of Section 9(2) of the Danish Immigration Service, § 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) and Section 9(c) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) and Article 9(2) of Section 9(1) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) and Article 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Article 9(2) and Article 9(2) of the European Parliament.

3. In the case of residence requirements, it shall be understood in Section 9(2) of the Danish Immigration Service and Section 9(c) of Section 9(2)(c) of Section 9(2)(c) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(2) of Section 9(1) and Section 9(2) of Section 9(2).

4. By completing family communication, the applicant is understood that the applicant

1) the residence permit of the Danish Immigration Service pursuant to Section 9(1) and registered in the Central Person Register (CPR) of the State of the Reference, or

2) The residence permit of the Danish Immigration Service shall be notified by Section 9 (c) and registered in the Central Person Register (CPR) on the residence of the reference or on an independent residence.

5. A self-contained accommodation is understood as a starting point, which has a self-contained entrance and appears as a unit.

Chapter 2

Compliance with the housing requirement

§ 2. By decision on the first notice of the residence permit to the applicant shall be deemed the residence requirement for met when the reference is well established that he no later than 3 months after the time of the applicant’s submission of application for residence permit will advise on an independent housing of reasonable size, §§ 4 and 5, cf. section 6 until at least one year after the time of the applicant’s submission of application for residence permit.

Substances. 2. In paragraph 1, the 3-month free of charge for the reference’s advice on a self-contained housing of reasonable size, §§ 4 and 5, cf. section 6, the exception can be extended if quite special reasons speak.

3. By decision on the first notice of the residence permit to the applicant, the requirement for the fulfilment of the housing requirement is postponed for up to 6 months after the implementation of the family association, if quite special reasons speak. The residence permit is notified in such cases in the condition that the reference within 6 months after the implementation of the family association is well advised to advise on an independent housing of reasonable size, jf 4 and 5, cf. section 6 until at least one year after the application for residence permit.

4. The period referred to in paragraph 1 of this period in which the reference should be advised against a self-contained housing of reasonable size, §§ 4 and 5, cf. section 6, the exception may be abbreviated if quite special reasons speak.

5. If the reference outside of the circumstances referred to in paragraph 4, a limited time request for a residence of reasonable size, jf 4 and 5, cf. section 6, which ceases within one year after the application for residence permit, the reference must prove that he will advise over one or more other housing of reasonable size, §§ 4 and 5, jf 4 and 5, cf. section 6, after the termination of the temporary advice and the period of residence permit.

6. For applications for residence permit pursuant to Section 9 c(1) of the Danish Immigration Service, where the applicant at the time of the submission of the application for residence permit is under 18 years, and where the applicant’s residence permit is expected to be notified periodically at a previous time than one year after the application of residence permit, the residence requirements of the Danish Immigration Service shall be deemed to be considered in Section 9 c(1)(2) of the applicant. 2-5 shall apply correspondingly.

§ 3. In the event of the extension or refusal of extension of an notified residence permit, in accordance with Section 11(2) of the Danish Immigration Service, the residence requirement shall be deemed to be met when the reference makes a self-contained housing of reasonable size, §§ 4 and 5, cf. section 6 until the applicant is at least one year after the application of the application for a period of validity or for the period of application for the application for a period of time. § 2, paragraph 4-6, shall apply.

Substances. 2. In the case of a notified residence permit, cf. section 19(1) of the Danish Immigration Service, the residence requirement is deemed to be complied with when the reference makes a self-contained housing of reasonable size, §§ 4 and 5, cf. section 6, until at least one year after the application of the applicant for a period of validity or application for the application for a period of validity or application for the application of the application for a period of a period of time. § 2, paragraph 4-6, shall apply.

3. By decision on the notification of the time-limited residence permit to the applicant, the residence requirement is deemed to be met when the reference is well informed that he has an independent housing of reasonable size, §§ 4 and 5, cf. section 6, at the time when the applicant’s residence permit is notified.

§ 4. The reference is considered to be advised of a self-contained accommodation when the reference as owner, andels or a party holders, tenants, renters or otherwise has the right of use to a home or part of a residence, cf. section 1(5). It is not a condition after 1 clause that the home or part of the house which the reference has, has its own kitchen or toilet.

Substances. 2. The reference shall be deemed to be in addition to a self-contained accommodation when the reference as a tenant of a cooperative residence has the right of use for an accommodation or part of an accommodation, in accordance with Section 1(5) of the case that it may document that the lease is time-limited, and that a rental measure of such character does not violate the statutes of the Association’s statutes.

3. The validity of paragraph 1 shall not be deemed to be met if the reference has a rental housing or part of a rental housing at a loan agreement.

4. It is not precluding the reference to a self-contained housing, that the reference has an accommodation or part of an accommodation, as referred to in paragraph 1, together with one or more persons, including the applicant.

§ 5. The accommodation or part of an accommodation which the reference is above shall be deemed to be of reasonable size when the reference has been made.

1) after the implementation of the family co-operation will stay no more than two persons per living room in the house, pursuant to paragraph 2, or

2) the area of the house after the implementation of the family will be at least 20 m2 per person living in the house, in accordance with paragraph 3.

Substances. 2. In the statement of the living room of the house, the information will be given to the building and housing register (BBR) regarding the living room of the housing. Kitchen, toilet, entrance and similar rooms are not recognised in the inventory of the residential space.

3. In the section of the area of the house, the information for the reason stated in the Building and Housing register (BBR) relating to the area of the housing to the settlement.

4. It is a condition after paragraph 1 that other legislation does not preclude the housing being inhabited by the number of persons who will stay in the house after the implementation of the family association.

5. If the reference is solely on a part of an accommodation, in accordance with Section 4, the conditions referred to in paragraph 1 or 2 shall be met for the part of the house which the reference is above. In the statement of the size of the part of the house, which the reference is above, in accordance with paragraph 1, no. 1 or 2, the information shall be added to the reference documentation for its advice on part of the house.

§ 6. The reference in an accommodation of reasonable size, cf. section 5, it is not precluding the notification of residence permit to the applicant, that the reference does not endorse the property concerned, cf. section 4, if the reference is living with and is suitable for his spouse or fixed collectors, his parents or one of his children or one of his children or one of his children or one or more other close family members who, due to serious illness, serious disability or special reasons.

§ 7. In the decision of the Immigration Service on the notification of residence permit after the § 9 c(1) of the Danish Immigration Service, the residence requirement of Section 9 c(1) of the Danish Immigration Service shall be deemed in accordance with Section 9(6) of Article 9(1) of Section 9(1) of the Danish Immigration Service, in accordance with Section 9(2) of Section 9(6) of Section 9(1) of the Danish Immigration Service, the applicant shall also be satisfied if the applicant shall be registered in the Central Person (CPR) of a self-employed person in the country.

Substances. 2. In the decision of the Immigration Service, whether the applicant’s residence permit is to be extended, extended or involved, in accordance with Section 19(1) of the Danish Immigration Service 1, no. 6, 1 clause, or no. 7, 1 item, in accordance with Section 11(2), the residence requirement shall also be deemed to be fulfilled if it is reimbursed that the applicant has an independent housing of reasonable size.

3. §§ 2-6 is similar to use.

Chapter 3

Opinion of the Danish Immigration Service by the Danish Immigration Service pursuant to Article 9(2)

§ 8. The Danish Immigration Service shall submit upon request from the Danish Immigration Service within one of the Immigration Service provided for an opinion on the home relationship of the reference to the use of the Immigration Service.

1) The decision of the Immigration Service on the notification of residence authorisation after the § 9(1) of the Danish Immigration Service or § 9 c(1),

2) The decision of the Immigration Service on extension, denial of extension or involvement pursuant to Section 19(1) of the Danish Immigration Service pursuant to Section 11(2) of the Danish Immigration Service pursuant to Section 9(1) of Article 9(1) of the Danish Immigration Service shall be governed by the fact that the residence requirement is deemed to be fulfilled or subject to the validity of the residence permit.

3) 3) The decision of the Immigration Service on extension, denial of extension or involvement pursuant to Section 19(1) of the Danish Immigration Service pursuant to Section 11(2) of the Danish Immigration Service pursuant to Section 9(1)(c) of Section 11(2) of the Danish Immigration Service pursuant to Section 9(1) or § 9 c(1) when the residence permit is not subject to condition that the residence requirements are met, on the other hand, and no longer available.

Substances. 2. In paragraph 1, the opinion referred to in section 7 of the case the applicant’s home relationship.

Section 9. The Immigration Service requests the municipal council on the basis of Article 8(1) or 2 of that Opinion, where the Immigration Service has provided that the notification of residence permit to the applicant shall be subject to the fact that the residence requirement is deemed to be met or if the Immigration Service has taken the provision that the applicant’s residence permit is denied or involved in the section 19(1) of the Danish Immigration Service.

Substances. 2. The Immigration Service fails to request the municipal council on the basis of Article 8(1) or 2 of that Opinion, if it is apparent that the housing requirement must be deemed to be fulfilled, or if it is apparent that the housing requirement cannot be deemed to be fulfilled.

3. The Danish Immigration Service may request a new opinion after section 8(1) or 2 if this is deemed necessary.

Section 10. The opinion referred to in section 8(1) of this Opinion shall be submitted by the municipal council in the municipality where the accommodation which the reference is located. If the reference is stated first to advise on a self-contained accommodation of reasonable size after the application of the applicant for residence permit pursuant to Section 2(1) and 2, the opinion shall be submitted after Section 8(1) of the municipal council in the municipality where the accommodation which the reference will be advised.

Substances. 2. In accordance with Section 2(a) of Article 2(a) of Article 2(a) of Article 2(a) of Regulation (EU) No §§ 4 and 5, cf. section 6, after the termination of the fixed council, the municipal council shall place in the or the municipalities where it or the housing which the reference will advise is located, an opinion after § 8(1) relating to the forthcoming home or municipalities concerned.

3. In section 8(2), the Opinion referred to in the municipal council in the municipality, where the housing which the applicant has over is located. (1) Paragraph 1, 2 and paragraph 2 shall apply.

§ 11. The opinion of the Municipal Authority by Section 8(1) shall include information on,

1) Whether the reference has the right of use for an accommodation or part of an accommodation, in accordance with Section 4 and, where long this is the case,

2) how many living rooms are in the house, cf. section 5,

3) 3) how large the area of the house is, cf. section 5,

4) how many residents are registered in the Central Person Register (CPR) in the residence and

5) Whether other legislation precludes that more than a certain number of persons in the house, and in the case of a number of people who may stay in the house.

Substances. 2. The opinion of the Municipal Authority shall not include a setting on whether the accommodation requirement is met.

3. The Municipal Data Protection Agency may without the consent of the ruling person to use his opinion after section 8(1), inter alia, the Joint Communal Data System with the Building and Housing Register (BBR) for the purpose of providing information on the number of residential rooms in the Home and the number of residents registered in the Central Person Register (CPR) of the residence, cf. section 9(2) of the Danish Immigration Service.

4. The municipality of the municipal council may, if the municipal council considers this, it is necessary to address the residence of the reference to whether the actual residential relationship of the reference is in accordance with the information provided by the Joint Communal Data System and the Building and Housing Register (BBR). Councils the reference to the right of use to a part of an accommodation referred to in Section 4, 1 of the corresponding application shall apply to the information provided by the reference documentation for its advice on a part of a residence and the reference information on the number of residents of the part of the home reference. The information provided by the municipal council pursuant to 1 and 2 of the second subparagraph shall be referred to in the opinion of the Council of the municipal council by section 8(1). In accordance with the information referred to in paragraph 1 and 2 of the Opinion referred to in the opinion of the Danish Public Transport Authority, the Danish Public Transport Authority has not been obtained.

5. (1) 1-4 shall apply to the opinion of the Council of the municipal council by section 8(2) concerning the applicant’s housing relationship.

§ 12. The Immigration Service shall decide whether the residence requirements are met on the basis of the opinion of the municipal council by Section 8(1) or 2. The Immigration Service may not lay out the opinion of the Council on the decision of the accommodation requirement if the basis for the opinion is or later proves to be incorrect, or if the opinion is not submitted in accordance with Section 11, in accordance with Section 9(3).

§ 13. The opinion of the Municipal Board of Directors by Section 8(1) or 2 may not be brought to other administrative authorities.

Chapter 4

Power and transitional provisions

§ 14. The decision shall enter into force on 1 June 2015.

Substances. 2. Decision No 814 of 20 July 2004 on the fulfilment of the housing requirement in family reunification cases and on the opinion of the municipal council of the reference.

§ 15. The decision does not apply in cases, including cases of extension and involvement, where there is before 1 June 2015 the first application for residence permit after the section of the Danish Immigration Service pursuant to paragraph 9(1)(b) or section 9 c(1) and where it is demonstrated that it is advised against its own residence by the Danish Act § 9(6) of Article 9(3) of Section 3(1) or Section 9(1) of Section 9(1) of Section 1(1) and where it is demonstrated that the case is advised by the case of the Danish Act of the Danish Immigration Service. For such cases, the applicable rules apply.