Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Aliens Act (947 of 24/08/2011)

Legal and administrative framework

Abstract

The Aliens Act (Udlændingeloven) (LBK nr 947, dated 24/08/2011) regulates the right of foreigners to enter and reside in Denmark. Chapter 1, section 8, contains specific provisions on resettlement and provides the legal basis for the Danish resettlement program (unofficial translation): 

Section 8 (1): Upon application, a residence permit will be issued to an alien who arrives in Denmark under an agreement made with the United Nations High Commissioner for Refugees or similar international agreement, and who falls within the provisions of the Convention relating to the Status of Refugees (28 July 1951), cf. section 7 (1).

Section 8 (2): In addition to the cases mentioned in subsection (1), a residence permit will be issued, upon application, to an alien who arrives in Denmark under an agreement as mentioned in subsection (1), and who risks the death penalty or being subjected to torture or inhuman or degrading treatment or punishment in case of return to his country of origin, cf. section 7 (2).

Section 8 (3): In addition to the cases mentioned in subsections (1) and (2), a residence permit will be issued, upon application, to an alien who arrives in Denmark under an agreement as mentioned in subsection (1), and who presumably has satisfied the fundamental conditions for obtaining a residence permit under one of the provisions of the Aliens Act, if he had entered Denmark as an asylum-seeker.

Section 8 (4): In the selection of aliens issued with a residence permit under subsections (1) to (3), the aliens’ possibilities of establishing roots in Denmark and benefiting from the residence permit, including their language qualifications, education and training, work experience, family situation, network, age and motivation, must be emphasised, unless particular reasons make it inappropriate.

Section 8 (5):Unless particular reasons make it inappropriate, it must be made a condition for a residence permit under subsections (1) to (3) that the alien assists in a special health examination and consents to the health information being passed on to the Danish Immigration Service and to the local council of the municipality to which the alien is allocated, and signs a declaration concerning the conditions for resettlement in Denmark.

The Aliens Act in Danish can be accessed at:

https://www.retsinformation.dk/Forms/R0710.aspx?id=138340&exp=1