When the Immigration Service has received your application for a residence permit, it will evaluate it along with the enclosed documentation. In addition, the Immigration Service will check to find out if you have been reported to the Schengen Information System (SIS).

If the Immigration Service receives information that does not correspond with the information you provided, you will normally be asked to explain discrepancies before the Immigration Service issues its decision.

Once the Immigration Service has received all necessary information relating to your application, it will issue its decision.

The Immigration Service can decline to process your application, grant you a residence permit or turn down your application for a residence permit.

If you submit your application abroad, the Immigration Service will send the ruling to the embassy or consulate where you submitted your application. The diplomatic mission will then forward it to your home address or request that you pick it up in person.

If you submit your application in the Faroe Islands, the Immigration Service will send the ruling to your address in the Faroe Islands or to your attorney. If your application for a residence permit is turned down, you will be asked to leave the Faroe Islands by a specified date. If you are not granted a residence permit, you will be informed of your avenues to appeal the ruling.

If you submit your application in Denmark, the Immigration Service will send its decision to your address in Denmark or to your attorney. If your application for a residence permit is turned down, you will be asked to leave Denmark by a specified date. If you are not granted a residence permit, you will be informed of your avenues to appeal the ruling.

You can appeal Danish Immigration Service decisions to the Ministry of Immigration and Integration. However, appeals about Danish Immigration Service decisions regarding asylum must be submitted to the Danish Refugee Appeals Board.

Who can appeal to the Ministry?

You can appeal to the Ministry if you are a foreign national covered by the Danish Immigration Service's decision.

Party representatives can appeal the Danish Immigration Service's decision to the Ministry on your behalf. The Ministry considers certain professionals, such as lawyers and legal aid offices, as party representatives, who can appeal to the Ministry about the Danish Immigration Service’s decision without a written power of attorney.

The Ministry also considers your closest relatives living in the Faroe Islands as party representatives who can appeal to the Ministry without a written power of attorney on your behalf. For example, parents, siblings, children of legal age and a spouse residing in the Faroe Islands can appeal to the Ministry about Immigration Service decisions in residence permit cases, e.g. cases regarding family reunification.

In cases regarding visas, the sponsor in the Faroe Islands can represent the applicant without a written power of attorney.

In cases regarding humanitarian residency permits, in addition to professional party representatives, the applicant’s spouse alone can represent the applicant without a written power of attorney.

Other individuals or institutions/associations who wish to appeal a decision made by the Danish Immigration Service must have a written power of attorney from the person who is covered by the decision in order to be able to appeal to the Ministry. Download power of attorney forms in Danish and English

How is an appeal submitted to the Ministry?

You can submit an appeal to:

The Ministry of Immigration and Integration

Slotsholmsgade 10

1216 Copenhagen K

Tel.: +45 72 26 84 00

Email: uim@uim.dk

The appeal should contain your Alien Identification Number or the IVR number and a copy of the Danish Immigration Service's decision.To shorten the case processing time for visas as much as possible, documents that are submitted to the Ministry in connection with an appeal about rejection of visa should be translated to Danish, English, French or German.

How is the appeal processed in the Ministry?

The Ministry receives an appeal regarding the Danish Immigration Service's decision.

The office that processes the case obtains the records of the case and, if required, requests a statement or explanation about the case from the Danish Immigration Service. The Ministry normally does not request a statement from the Danish Immigration Service in visa appeal cases.

The Danish Immigration Service forwards the records of the case and, if required, a statement about the case.

The Ministry conducts any party hearings about the Danish Immigration Service's statement and, in special cases, a supplementary hearing of the Danish Immigration Service will be conducted.

The Ministry may obtain further information or documentation, as well as conduct party hearings about this information.

The case is then ready for a decision in the Ministry. The Ministry makes the final decision in the case. Normally, however, additional processing time should be expected. The length of time varies depending on the type of the case, the character of the actual case and the number of cases being looked at by the Ministry.

Processing personal information

You can appeal decision made by the Immigration Service or the police to the Ministry of Immigration and Integration or apply to the Ministry of Immigration and Integration for a residency permit.

The Danish Personal Data Act obligates the Ministry of Immigration and Integration to inform you that when processing your case, the Ministry will handle the personal information about you wholly or partially with the help of electronic data processing, including gathering and forwarding of personal information about you. This also applies if you have appealed due to questions about the manner in which your application was processed.

The information is processed with the purpose of making a decision in your appeal or application case.

Below is other information, including information about the Personal Data Act, which you should be informed of.

If you apply for a permit pursuant to the Aliens Act, you are obligated to contribute information about the case. You must, among other things, submit information necessary for the evaluation of whether a residence permit may be granted, be revoked or lapse.

If you do not provide this information, the Ministry of Immigration and Integration may choose to deny your appeal or reject your application.

You can read more about the obligations for contributing to the information of the case in Section 40 of the Danish Immigration Act, below.

You have, if you so request, the right to be informed about which information the Ministry of Immigration and Integration is processing, the reason for obtaining the information, the categories of the recipients of information and where the information originates.

Requests for the above-mentioned should be directed to the Ministry of Immigration and Integration. Processing of your request will be expedited if you provide the Alien Identification Number or, in visa cases, the IVR number, or give other precise information which can help the Ministry of Immigration and Integration to quickly find the required personal information about you.

If the Ministry of Immigration and Integration processes personal information incorrectly or misleadingly or in a similar manner processes personal information in conflict with the legislation, the Ministry of Immigration and Integration must correct or delete the information.

If your case is an appeal regarding a decision made by the Immigration Service or the police, the Ministry of Immigration and Integration will obtain the documents of the case from the Danish Immigration Service or the police.

All information you have given to the Danish Immigration Service or the police in connection with the processing of the case will then be included in the Ministry of Immigration and Integration's
processing of the case.

The Ministry of Immigration and Integration will, if necessary, obtain information from the Aliens Register, the Common Visa System (WIVR) and the Central Persons Register.

The Ministry of Immigration and Integration's processing of the appeal will likely involve forwarding information to the Danish Immigration Service, the Refugee Appeals Board, local authorities, the police and/or Danish embassies or consulates to the extent necessary.

You can read more about the rights afforded you by the Personal Data Act below (Paragraphs 11 and 13).

Application of the Danish Aliens Act in the Faroe Islands, section 40

Section 40. A foreign national must submit the information that is necessary for assessing whether a permit pursuant to this act can be granted, withheld or cancelled, or whether the foreign national is legally residing in the Faroe Islands. If summoned, the foreign national must appear for a personal meeting and upon request make available his/her passport or travel document as part of processing of applications pursuant to the act. Other individuals deemed to be in possession of information that can influence the Immigration Service’s decision can be required to provide the information named in Point 1.

(2) A foreign national must provide the Immigration Service with any information about his/her

financial situation that is necessary for determining whether he/she can be required to repay any benefits received, cf. Section 42a(4).

(3) If the police assume responsibility for the foreign national’s outward journey from the Faroe Islands, the foreign national must provide any information required, as well as assist in providing the necessary travel documents and visa and for the outward journey. Upon request from the police, the court can, if deemed necessary, decide that a foreign national who does not wish to provide information required in order to carry out the repatriation must appear before his/her home country’s embassy or consulate, or that of a third country, or that the foreign national’s finger prints, recorded in accordance with Section 40(1) and (2), can be released to the foreign national’s home country’s embassy or consulate or the embassy or consulate of a third country. The court appoints a lawyer for the foreign national. The ruling of the court is made by judgement, which can be appealed according to the rules in Title 37 of the Faroese Administration of Justice Act. The appeal does not have a delaying effect.

The courts will correspondingly use Title 43 a of the Faroese Administration of Justice Act.

(4) If a person submits information in cases which fall under this law, the immigration authorities can demand that the individual make a sworn declaration.

(5) Individuals who make false declarations or in any another way aids or tries to aid a foreign national attempting to achieving a Faroese residence permit by deceit must reimburse the state for any expenses incurred as part of the foreign national’s inward journey, stay and outward journey or as part of the processing of the foreign national’s application. An execution of distraint order is added to the demand.

(6) For information in cases which fall within this law, examination can be admitted in the court, cf. section 1018 of the Faroese Administration of Justice Act.

(7) Documents and items that may be considered as being important to determine a foreign national’s identity or affilation to other countries can be taken into custody if it is deemed necessary. Titles 72 and 73 of the Faroese Administration of Justice Act and the rules regarding the confiscation in Title 74 of the Administration of Justice Act, are used to the same extent as in cases which regard crimes that can lead to prison sentence.

(8) If a foreign national who has applied for a residence permit according to section 7 fails to appear after having been summoned to a personal meeting at the Danish Immigration Service or the police without a reported, legal absence, the foreign national’s application for a residence permit is cancelled according to section 7. The summons must contain information about the effects of absence. In special cases, the Immigration Service can decide that an application not be cancelled.

Sections 11 and 13 of the Danish Personal Data Act:

Section 11. Adequate steps must be taken to ensure that incorrect or misleading information is not registered. Incorrect or misleading information must be deleted or corrected as soon as possible. Section 13. Data managers are required to respond as soon as possible to requests by individuals to be told which information them has been registered.

(2) Data mangers can be required to inform individuals in their systems at regular intervals which information about him/her is contained in the register. Individuals should also be permitted access to the information. Guidelines for payment for the aforementioned can also be established.

(3) If a person listed in the hospital register or any other register of patients or illness sufferers requests access to the information contained about him/her in the register, such a request must be made to his/her general practitioner, who will contact the data manager for the register in question as soon as possible. The data manager will deliver the information about the person making the request to the general practitioner as soon as possible. The general practitioner will release the information to the person making the request.

(4) The terms of Paragraph 1 do not apply if it is determined that other public or private considerations outweigh the individual’s interest in obtaining the information.

If such considerations apply to only some of the information about the individual, the remaining information shall be released.

(5) The terms of (1) to (3) do not apply to registers established solely for obtaining statistics. Other registers can be made exempt from requests made under the terms of (1) if it can be assumed that a general refusal can be made according to the terms of (4).

(6) An individual who has been granted access under one of the abovementioned terms, may not make a new request for access for a period of 12 months, unless he/she can argue there are grounds for doing so.