Spousal reunification is the route most couples take when one partner lives in Denmark and the other does not. It is also where the 24-year rule bites, a provision that decides a great many applications and is misunderstood almost as often as it is applied. What follows sets out what the rule requires, why it exists, and the exceptions that can still leave a route open.
What the rule says
Both spouses or cohabiting partners must, as a general rule, have turned 24 before reunification in Denmark is possible. It covers marriage and established cohabitation alike, and it was introduced to counter forced marriage and to ensure the relationship is entered into freely.
Where either party is under 24, the application is normally refused, regardless of how long the couple have been together, and regardless of whether they have children.
The reasoning behind it
Officially the rule protects young people from pressure around marriage and supports integration, on the view that older applicants are better placed to make an independent choice and to establish themselves here.
It is also, plainly, a lever for limiting the overall number of reunifications, which makes it one of the more restrictive provisions in Danish immigration law.
Where it applies
The rule is engaged in cases of:
- reunification with a spouse
- reunification with an established cohabiting partner
- applications where neither party is a Danish citizen.
It is one condition among several. Attachment, housing, financial security and the integration conditions all apply alongside it.
When you can file
Although both parties must reach 24, the application can be submitted once the younger of you turns 23 years and 6 months.
Processing can therefore begin before the requirement is formally met, so long as it will be satisfied during processing, at the latest by the time the decision is made. That makes it worth timing the application against the indicative processing time published at the time of filing, available at www.nyidanmark.dk.
The exceptions
The rule is strict, but four situations can displace it.
1. Minor children with independent ties to Denmark
An exception may be made where the reference person in Denmark:
- has resident minor children with independent attachment to Denmark, or
- has regular contact with minor stepchildren.
The child’s best interests and the right to family life carry weight here. Where refusing spousal reunification would materially affect the child, the 24-year requirement can be set aside.
2. Serious illness or serious disability
The requirement may also be waived where the reference person in Denmark:
- is seriously ill, or
- has a serious disability.
This normally calls for documentation of the condition and evidence that the applicant’s presence in Denmark is necessary for care, support or assistance.
3. Work covered by the positive lists
Where the reference person works in an occupation on the positive lists, that can ground an exception.
The positive lists cover occupations where Denmark is short of labour, so labour market considerations enter the assessment of whether the requirement should be waived.
4. State service of particular significance
An exception may also apply where the reference person:
- is in state service, and
- holds a post of particular foreign policy or security policy significance to Denmark.
This rests on a Ministry of Integration memorandum of 26 May 2003 and is applied in a small number of unusual cases.
Nothing here is automatic
Exceptions are not granted on request. The Danish Immigration Service makes an overall, case-specific assessment, and the documentation carries it.
A file that assumes an exception applies, without evidencing it, gets refused like any other.
Where advice makes a difference
These cases turn on both legislation and current administrative practice. The useful work is done before filing: establishing whether an exception is genuinely in play, and building the case around it.
That typically means:
- analysing the specific situation
- weighing an exemption against an EU-law route
- getting the documentation right
- drafting the legal argument
- and handling refusals and appeals if it comes to that.
If the rule affects you
If the 24-year rule stands between you and an application, or you are not sure whether one of the exceptions reaches your situation, send us the details and we will tell you where you stand.
Last word
The 24-year rule looks immovable, and often is. But it is not absolute, and with the right evidence and the right argument an exception is sometimes available. Which is reason enough to look properly at the rules before you apply rather than after.
