studentnews.dk

DEADLINE 8th OF MARCH FOR REGISTRATION FOR DANISH EXAMS

By Aage Kramp, Immigrationlaw.dk
Deadline for registration to the important Danish tests PD1, PD2 and PD3 is latest on Monday the 8´th of March at the language schools and the written exams begin at 18th., 19th and 20th of May 2021. In Copenhagen only CLAVIS and UC+ by agreement with the Copenhagen Municipality have these exams. Everyone with residence can register for these tests without prior classes, and price is 1.417 kr.
PD1 can be used to qualify for the integration requirement if you as a foreigner seek family reunification to Denmark. (Or the English test IELTS B1 level or TOEFL)
PD2 is more useful for most as it is a mandatory requirement for permanent residence under the 8 year rule, and also qualifies for Danish Citizenship.
PD3 can both be used to apply permanent residence after only 4 years in Denmark, Citizenship, and very important also family reunification with a spouse where PD3, FVU4 or 9th grade or equivelant in Danish is a Mandatory requirement, - also for all Danish Citizens who also can register for this exam if needed for family reunification!
Registration on-line or at language schools latest Monday the 8th of March 2021. Important information regarding especially permanent residence, Danish Citizenship and Family reunification for both foreigners and Danish alike. Like it, share it!

SIDSTE FRIST FOR TILMELDING TIL PRØVE TIL DANSK 1 - 3 ER 8. MARTS

Af Aage Kramp, Immigrationlaw.dk
Sidste frist for tilmelding til de vigtige dansk prøver PD1, PD2 og PD3 er senest mandag den 8´nde Marts på sprogskolerne og de skriftlige eksamener begynder den 18-19-20´nde maj 2021. I København er det efter aftale med Københavns Kommune kun CLAVIS og UC+ der har disse eksamener. Alle med ophold I Danmark, også danske statsborgere, kan tilmelde sig prøverne uden forudgående undervisning og prisen er 1.417 kr. for eksamenen.
PD1 kan især bruges af en udlænding som allerede bor i Danmark til at få et point til familiesammenføring (Alternativt en engelsk prøve som IELTS eller TOEFL på B1 niveau)
PD2 er mere brugbart idet den både er over PD1, og samtidigt er et basis krav til permanent opholdstilladelse efter 8 års reglen, og også kvalificerer til Dansk Indfødsret hvis man ikke har modtaget kontanthjælp o.l. de sidste 9 år.
PD3 kan både bruges til at ansøge permanent opholdstilladelse efter kun 4 år I Danmark, Dansk Indfødsret og meget vigtigt også er et obligatorisk krav ved familiesammenføring til herboende eller tilsvarende (9 kl., FVU4, m.fl.), - og også danske statsborgere kan have brug for at tilmelde sig denne eksamen hvis man vil lave familiesammenføring!
Tilmelding on -line eller på sprogskolerne senest mandag den 8. marts! Vigtig information vedrørende især permanent opholdstilladelse, dansk statsborgerskab og familiesammenføring. Like it, share it!

IMMLAW GROUP

STUDIER TÆLLER FORTSAT IKKE TIL PERMANENT OPHOLDSTILLADELSE
Af Aage Kramp, Immigrationlaw.dk

Socialdemokratiet nedstemte før jul overraskende lovforslag B65 om at studier igen skulle tælle som arbejde som det var under Helle Torning som statsminister frem til 2015. Det var overraskende fordi der er tale om endnu et markant skift fra tidligere Socialdemokratisk politik. Enhedslisten proklamerede ellers i oktober 2018 at det var partiets hjerteblod og det eneste krav de havde på udlændingeområdet for at stemme for regeringens finanslov. Det har Enhedslisten nu gjort hele tre gange, - men altså uden at få det gamle socialdemokratiske princip tilbage om at unge ikke skal tvinges til at vælge et rengøringsjob i stedet for universitet for at få permanent opholdstilladelse. Så desværre så tæller uddannelse fortsat ikke som beskæftigelse når man søger permanent opholdstilladelse, - heller ikke når man får løn under uddannelse uanset om det er som SOSU-medhjælper og assistent, eller et 4 årigt svendebrev o.l. Det kan Socialdemokratiet ganske enkelt ikke være bekendt overfor de tusindvis af hårdtarbejdende og studerende unge, hvoraf mange er født og opvokset i Danmark eller haft sine formative år i danske skole, og som arbejdsmæssigt udgør en meget væsentlig og nødvendig del af at kunne bevare Danmark som velfærdssamfund.. Vi må beklageligvis oplyse at på nuværende tidspunkt så tæller uddannelse, - heller ikke uddannelse med løn, - altså fortsat ikke til permanent opholdstilladelse. Like it, share it!

STUDY DOES STILL NOT COUNT FOR PERMANENT RESIDENCE
By Aage Kramp, Immigrationlaw.dk

The Social Democratic party has here before Christmas surprisingly voted against law proposal B65 in Parliament that studies again should count as work, - just as it was during the period of the previous Social Democratic Prime Minister Helle Thorning. Surprising because it is a major shift in the parties previous politics and the support party Enhedslisten previously have called it “the blood of their heart” and still no result for supporting the government the last three years. So unfortunately education does still not count as work when applying for permanent residence, - not even when the education is with full salary like the SOSU-assistant education, or 4 years of apprenticeship. Not even if you have been born in Denmark or have had your formative school years in Denmark as many children of the highly specialized workers from fx. America, China and India who have come the last decade to Denmark and where the parents have achieved permanent residence. For those who have been more than 8 years in Denmark before they become 19 years old there is a special 18-19 year rule that sometimes can be used independently of the parent. But in general we unfortunately have to inform that presently education does still not qualify to achieve permanent residence. Like it, share it!

GREAT NEWS ALREADY 15TH OF APRIL FOR STUDENTS AND ESTABLISHMENT CARD HOLDERS

By Aage Kramp, Immigrationlaw.dk

Already the 15th of April this year the new law L 111 presented by the Government and Support Parties with better rules for newly educated foreign students is expected to come into effect!
THE MAIN FEATURES ARE:
A Bachelor Education from a Danish University will qualify for seeking Establishment Card, presently only Master degree qualifies.
An Establishment Card can be extended from 2 to 3 years if the person has achieved job within his or hers education or previous education that could have qualified for an Establishment Card. This gives one year extra to for example reach the necessary income for the Pay Limit Scheme or get job on the Positive List or qualify for self employment under the START-UP scheme.
An application should be done within one year instead of presently 6 months, which will enable a student for example to return to home country after the six month job seeking period and still apply back to Denmark within one year.
The Establishment Card was introduced from 1st of January 2015 and is part of the Governments strategy to keep highly qualified foreigners in Denmark and gives a 2 year residence permit with access to unlimited work and even self employment. Family members can acquire residence permit on the basis of the main person who has Establishment Card.
Universities with degrees from outside Denmark are still not qualified for Establishment Card, and it is still not allowed to receive Unemployment benefits or Social help according to Law on Active Social Politics after studies. If Pay Limit Scheme or Positive list application is done before the two years expire the Establishment Card holder is allowed to continue work while the application is being processed. It is now also possible to apply for two Establishment cards after finishing Bachelor and then maybe later a Master, or a Master and a Ph.D.
It would according to the presentation of the Law nr. L 111 also be possible to change an existing application with procedural stay in Denmark to an application for Establishment Card under the new rules. We will update when the final law has been passed in Parliament and hope the Corona crises will not postpone this important positive new law for Danish Business and the hard working students!
Really important information for both Students and Establishment Card holders, Like it, SHARE IT!

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SUMMARY OF THE NEW RULES FOR STUDENTS BANK STATEMENTS
By Senior advisor Aage Kramp | Immigrationlaw.dk | facebook: “studentnews.dk”

Here are the expected new practices from SIRI for students and establishment card holders bank statements when applying for residence permit for spouse and children. In short it has been changed from the simple presumption rule, - that if you could make a bank statement of a certain amount then the family presumably would not be taking social help in Denmark, - to now being a requirement rule that requires the student to keep a larger amount for a longer time at the students disposal to nearly guarantee that the family could not take social help in Denmark. The same principals have also been introduced for the Establishment Card holders but with a slightly higher amount necessary for each person. Not having the full amount available for a longer time, and at least from application until given residence permit, could in the future lead to being considered fraud and an offence against the Danish State. In worst case this could both lead to expulsion without trial, re-entry ban to Denmark for two years and as unwanted by Denmark in all Schengen for 5 years! The following information is not all publicly available yet, -so please read carefully:
The amount required for family members of students is 74.916 kr. per person in this year 2020. The bank statement has to be done by one single bank account either in Denmark or in a Foreign Bank with International department so that the validity can easily be checked by the Danish Authorities. But there is NOT a requirement that it has to be from a Danish bank. If you use a foreign account please beware of risk of currency fluctuations. If you use a Danish bank beware that the banks now are reporting tens of thousands of accounts to the special police task force for whitewash and international crime (SØIK) if they find what they think are suspicious transactions. A bank account has to be at the owners FULL and single disposal, - so not an account together with spouse, children or parents. The required amount has to be OVER the minimum amount required BOTH at the time of bank statement, and at the date of giving the residence permit. It is not (yet) illegal to borry money. But if you borrow money it should be at the disposal for a longer period of time, preferably years and not months, and should not immediately have to be repaid! Part of the money from the bank statement may be used for consumption after having received the residence permit, but it should reflect that there are still sufficient funds available for the family over a longer period of time. If large amounts from the bank statement immediately after residence permit is used to pay tuition fees or large repayments, it could be seen as a violation of not securing sufficient funds. From these general principals it is still a very individual assessment by the authorities when a decision is made.
All in all there has not been any real problems of students taking social help while in Denmark. But to avoid any misunderstandings with the authorities it will now be wise financially to plan longer time ahead, transfer sufficient extra funding in or from home country, keep a larger amount in the bank even though it may not be profitable, avoid too many unnecessary short term loan transfers, and secure extra long term assets to also pay the next tuition fees. Establishment card holders can alternatively show salary income instead of bank statement, but can not combine the two. Follow these guidelines and you have diminished the risk of running into unexpected problems with SIRI helping both yourself and the authorities. If you run in to problems seek professional advice. Last but not least there has been introduced an obligation to appeal any negative decision, - otherwise it can in itself be considered having accepted a criminal offence!
Very important information for all present and future foreign students and Establishment Card holders! Like it! Share it!

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SERIOUS NEW PROBLEMS AHEAD FOR ALL FOREIGN STUDENTS ON BANK STATEMENT CASES

By Aage Kramp, Immigrationlaw.dk
The problems for students and Establishment Card holders with bank-statement cases continues to intensify. Hundreds, if not thousands of students and family members, are at risk for deportation as criminals by SIRI who issued their residence permits. In latest cases from SIRI now done with re-entry ban for 2 years and unwanted by Denmark in all Schengen countries for 5 years, - thus also making it difficult or impossible to even move to other countries within Schengen!
As a foreign student to bring your family to Denmark it is mandatory to show SIRI a bank statement of a certain amount. This amount is currently 74.916 DKK per person, and for Establishment Card holders a little higher amount. The issue of bank-statement cases has been triggered by the Danish banks, -especially NORDEA and Danske Bank with a bad conscience for money laundering for billions themselves. The banks have been employing more staff to report now over 13.000 cases from private customers per year with unusual transactions to the special police task force against money laundering called SØIK. SØIK again activates SIRI if it is a transaction related to a student or an Establishment Card holder. But also other banks reports students to SØIK on a lesser scale.
SIRI no longer considers the bank statement as sufficient presumption for not risking taking social help and public benefits if the capital afterwards is returned to the persons who borrowed the money to the student. In its latest practice SIRI has decided that returning the money should be considered a serious fraud against the Danish State if its done before or just after getting the residence permit! Many have borrowed money in Denmark to show the bank statement instead of using their assets in banks abroad, or to save the currency exchange loss, but this is still considered a criminal fraud! SIRI is, - even until this moment, NOT changing or supplementing their web-site information with better guidelines. Thereby SIRI makes it necessary with this kind of unofficial Facebook info and public meetings for the students to get more detailed instructions on how to avoid the problem and misunderstandings. SIRI has also not disclosed any evidence that there actually should be a problem of students taking public benefits (besides the well known misunderstandings on maternity money). In a series of decisions SIRI has also decided that if a student does not appeal such a case to the Appeal board, - then it is to be considered as if having accepted that the person did something criminal! No new applications are then allowed!!! A violation of basic principles of Human Rights that you cannot have accepted being criminal by just being passive! So remember to appeal, - even you are no longer interested in staying in Denmark, as you otherwise are at risk for having accepting to be a criminal!
As SIRI has not been able to get the courts to convict students according to criminal law as providing false documents, - as the bank statement actually are not false, - then they are now using their own more powerful rules given to them by the politicians. Thus being able to avoid having the cases decided by the courts with the rules of protection set up by the court system, - and yet still be able to deport people as criminals with request to leave the country immediately and with one months notice for the rest of the family! Both family of students and Establishment Card holders have already been forced out of the country. With the latest move of re-entry ban for 2 years and registered as unwanted in Schengen for 5 years, it will according to Schengen rules no longer be allowed to settle in another Schengen country instead..
Even previous students with permanent residence cannot consider themselves safe as another department of SIRI, using the same set of rules, has begun to cancel permanent residence as achieved by fraud even for events 10 years back and asking for immediate deportation!!! Until now only persons reported by the banks to SØIK has been targeted by SIRI, - but this could be widened at any time against all students and Establishment Card holders alike. Likely targeted more against the poorer Asian countries students in Denmark. Residents and the larger amount of students from countries like Nepal, India and Bangladesh are used to be helping others and not engaging in any misuse or criminal activities, - but exactly in this situation making them more vulnerable for having violated the new practice developed by SIRI!
This could be the largest campaign against well-educated foreigners in Denmark since the proposed Law on cancellation of the Green Card Scheme in 2016 that would have sent 10.000 Greencard holders out of Denmark together with their families. It can most likely be seen as part of the political agreement two years ago to reduce the amount of non-western students in Denmark by 1.300 students, - but it should be done by fair means not by witch hunting! Appropriate action, legally and politically, should be taken by the students, EC holders, and organisations, - to avoid a new potential catastrophe for the foreign community in Denmark with high educational background. This topic will be the main issue of the Nepalese meeting in NRNA Denmark on Sunday the 19th. Important information for all foreign students and persons with background as students in Denmark– Like it, share it!

EXTRA GREAT NEWS FOR STUDENTS IN DENMARK – BETTER RULES FOR ESTABLISHMENT CARD!

By Senior Advisor Aage Kramp|www.immigrationlaw.dk

As part of the agreement on the financial budget for Denmark for 2020 the Danish Government with its political partners has decided that Students in Denmark will have better conditions for staying and working. As part of this agreement then it will be possible to apply the Establishment Card already with a Bachelor- or Professionsbachelor Degree from a Danish University. The period to apply the establishment card will be extended from 6 to 12 months. For persons who achieve employment within their field of education it will be possible to apply for a one year further extension of the Establishment card. The changes are to improve qualified foreign students possibility to stay and work in Denmark. Education in Danish will again be made free of charge for students. There is not indicated a wish to increase the amount of students to Denmark, but this will greatly improve the future possibilities for the students and Ph.D´s and families who are already in Denmark. Among this more realistic time to increase the salary to level of Pay-Limit Scheme which is a natural extension of the Establishment Card. Legislation will be presented in beginning of 2020 so most likely the new law on better use of the Establishment Card for foreign students in Denmark will be in place latest by 1st of July 2020. Very important information for all foreign students in Denmark. Like it, share it, post it!!!

MATERNITY OR PARENTAL LEAVE IS NOW ALLOWED FOR STUDENTS - BUT STILL NO BENEFITS ALLOWED

By Senior Advisor Aage Kramp, Immigrationlaw.dk
The good news is that it is now clear that students will be allowed to have maternity or parental leave without loosing the residence permit for no longer being an active student. This is a major improvement and is now clearly written on the website of newtodenmark.dk. But beware that many companies automatically would apply maternity money for you which you are not entitled to if you. It is still strictly forbidden for students as students are not entitled to receive any childbirth benefit or other public benefits and there are many to be aware of. So avoid maternity money at all costs, and be careful not to be delayed with your studies for more than 12 months. You can read more under study on newtodenmark.dk if you click to the left “Your situation is changing”. Important information for foreign students in Denmark. Like it, share it!

MATERNITY MONEY AND MATERNITY LEAVE FORBIDDEN FOR STUDENTS

By Senior Advisor Aage Kramp, | immigrationlaw.dk

Maternity money is not allowed for persons with student visa in Denmark, and Maternity leave is considered to violate the basic condition of being student active in Denmark. Another important rule is that a study may only be delayed for 12 months. It has always been the rule that students where not to receive “Public funds”, but it has not been so clear what that exactly was.. Many students felt that everything must be OK when the University nearly automatically issued a Maternity leave for 6 or 12 months, and the employer reported the student to receive the part time maternity benefits a part time worker usually is entitled to have. But not in the case of the students! There is a long list of benefits that are not allowed. At least now in recent student permits Maternity money is mentioned as an example of what you may not receive. But it is just one example in a list of 16 examples of what you are not allowed to receive, - and which only is to be found searching on the website of Newindenmark.dk. Do you have any doubts then please contact SIRI on the issue. Many think that Maternity or Paternity leave is an obligation because in Denmark we have up to 10 months possible Maternity leave. But by the Danish law it is only forbidden for the mother to work the first 14 days after giving birth, - and no law prohibits studying at any time! Maternity leave is by the Immigration considered a violation of the basic condition of being a foreign student in Denmark, and from 2015 the Universities have been asked to report any Maternity leave given so that the Immigration can start a revocation case for the student and any family in Denmark, - but thereby also prohibiting the spouse from working and help earning money for the high tution fees! Maternity money for the dependent of the student does not have the same awareness from the Immigration authorities but would also be considered “public funds”. Not receiving “Public funds” is mentioned in the letter of residence permit as a precondition of being dependent of a student studying in Denmark, and as a reasoning for asking for the bank statement to obtain a dependent visa. Often a new visa from home country is later issued for next semester, but not if Maternity benefits have been taken. Many Higher Educations did not inform neither the Immigration nor the Student about the Maternity issue, - because they just followed their own internal rules where Maternity leave was given as a standard. Recent tragic cases show that even after several extentions of student visa no one is safe if the student at an earlier stage of education received Maternity money, - even if the Immigration first spots it now and there is only few months left to finish a Master the student visa is revoked! So avoid maternity money at all costs and continue to be an active student, - if necessary you have to go to a reexamination, - but continue to be an active student and do not be delayed beyond one year at any study program! Important information for foreign students in Denmark. Like it, Share it!

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