Divorce and your residence permit: what actually happens

Where a residence permit was granted on the basis of spousal reunification, the end of the marriage can open a revocation case under section 19 of the Aliens Act. That is the risk. It is not, however, an automatic consequence, and what you do in the first weeks makes a considerable difference.

What triggers a revocation case

Revocation becomes possible when the basis on which the permit was granted no longer exists. In reunification cases that usually means:

• divorce or separation
• cohabitation having actually ceased
• or a finding that the marriage was a sham.

When the permit survives anyway

Case law from the Immigration Appeals Board recognises several situations in which a permit is maintained despite the divorce:

• A long marriage. Where the marriage ran for several years, typically four to six or more, your attachment to Denmark may be treated as independent of it.
• Domestic violence. Where the marriage ended because of violence or other abuse, that can protect against revocation. Police reports and restraining orders carry real weight here.
• Shared children. Contact with or custody of children you have together brings the child’s best interests into the assessment, and they weigh heavily.
• Your own ties. Employment, Danish language ability, education and an established social network can amount to attachment in their own right.

How the process runs

1. The authority learns of the divorce, usually through the civil registry.
2. You receive a notification, with an opportunity to submit information.
3. A decision is made to revoke or to maintain the permit.
4. If revoked, an eight-week window opens to appeal to the Immigration Appeals Board.

What to do, in order

• Respond to the notification. It is realistically your one chance to put evidence in front of the authority before it decides.
• Assemble proof of your own ties, employment contracts, payslips, tenancy agreements, language course certificates, evidence of involvement in your community.
• Where violence is involved, obtain the police reports, medical records and witness statements.
• Get advice early, ideally before the notification arrives rather than after.

If the permit is revoked

The appeal to the Immigration Appeals Board is the next step, and the deadline is short. You can read about how we handle appeals to the Board, or send us the papers for an assessment.