Termination of residence permit on the Faroe Islands
Even though you have been granted a residence permit on the grounds of family reunification in the Faroe Islands, your permit can be revoked or you can be denied an extension. In either case, you lose the right to reside in the Faroe Islands. This can happen for a number of reasons.
If you situation changes
The Immigration Service may revoke or refuse to extend your residence permit if the grounds on which it was granted no longer apply. Examples of this could be:
- if you were granted a residence permit on the grounds of family reunification with a spouse, and you and your spouse/partner are no longer living together
- if your spouse/partner was required to meet the housing requirement and he/she no longer has adequate housing at his/her disposal, or if you were granted a waiver from the housing requirement, but the reasons for granting the waiver no longer exist
- if your spouse/partner was required to meet the support requirement and he/she no longer does, or if your spouse/partner was granted a waiver from the support requirement, but the reasons for granting the waiver no longer exist
Fraud
The Immigration Service has the right to revoke or refuse to extend your residence permit if you are found to have obtained it by giving the authorities false information. This applies regardless of whether you hold a temporary or a permanent residence permit.
Missing Passport
The Immigration Service has the right to revoke or refuse to extend your temporary residence permit if you no longer possess a valid passport or other legitimate form of travel document.
If you submit an application to extend a residence permit at a police station, you will be required to present your passport or another form of travel document. The police will not normally need to hold on to your passport. If you send your application to the Immigration Service, you must send a copy of your passport together with your application form.
If your passport or travel document is invalid, the Immigration Service will not proceed with the case before you have had your existing passport renewed or have acquired a new passport. You will typically be given one month to do this.
If you are reported in the Schengen Information System (SIS)
The Immigration Service has the right to revoke or refuse to extend your residence permit if you have been reported as an undesirable in the Schengen Information System (SIS). The Immigration Service will take such action only if you are identified as committing a serious crime which would warrant deportation if committed in the Faroe Islands.
This applies regardless of whether you hold a temporary or permanent residence permit.
Your personal situation is taken into consideration
If there are extenuating circumstances, the Immigration Service may chose not to revoke or refuse to extend your residence permit. The following factors will be taken into consideration:
- your connection with Faroese society, including the duration of your residence in the Faroe Islands
- your age, health, and other personal circumstances
- your connection to other residents of the Faroe Islands
- consequences to close family members living in the Faroe Islands
- your connection to your country of origin
- whether you could suffer physical harm if you return to your country of origin
Victims of domestic violence
The Immigration Service can choose not to revoke or refuse to extend your residence permit, if you have left your spouse/partner because you are the victim of domestic violence, mistreatment or any other form of abuse. This includes serious psychological abuse.
In order for the authorities to consider making an exception in your case you must prove that domestic violence is the reason you no longer live with your spouse/partner.
Domestic violence can be documented by presenting a police report (if the abuse has been reported to the police), statements from social workers or reports from a hospital emergency room, general practitioner or crisis centre. You must also verify that domestic violence is the reason you no longer live with your spouse.
The Immigration Service will determine whether extenuating circumstances apply in your situation. Such extenuating circumstances include: whether you have children living in the Faroe Islands, or whether returning to your country of origin would jeopardise your social well-being – for example, if you risk social ostracism because you left your spouse. The length of time you have lived in the Faroe Islands and how well integrated you are will also be considered.
Normally, victims of domestic violence who have lived in the Faroe Islands for two years or more before leaving their spouse are granted a waiver. If you have lived in the Faroe Islands for less than two years, you will normally only be granted a waiver if there are extenuating circumstances.
If you wish, the Immigration Service can help you file a police report against your spouse/partner.
Residence abroad can make your residence permit lapse
If you leave the Faroe Islands for an extended period of time, or if you no longer maintain a residence in the Faroe Islands, your residence permit can lapse.
Even if you maintain a residence in the Faroe Islands (that is, if you are registered at an address in the Faroe Islands), there is a limit to how long you may be outside the country if you wish to keep your residence permit. If you do not return to the Faroe Islands within the time limit, your residence permit will automatically lapse.
What happens if my residence permit lapses?
If your residence permit lapses, you lose your right to reside in the Faroe Islands. This means that if you have been outside the Faroe Islands for an extended period of time and wish to return, you may be denied re-entry.
If your residence permit lapses and you wish to return to the Faroe Islands, you will need to apply for a new residence permit. Your new application will be processed according to current regulations. The grounds for issuing your original residence permit will not be considered.
How can my residence permit lapse?
Your residence permit will automatically lapse if you give up your residence in the Faroe Islands and leave the Faroe Islands with no intention of returning. This applies even if you hold a permanent residence permit.
If you maintain a residence in the Faroe Islands, the period of time you may be outside the country before your residence permit lapses depends on how long you have lived in the Faroe Islands. If you have legally resided in the Faroe Islands for less than two years, you may be outside the country for a maximum of six months. If you have legally resided in the Faroe Islands for more than two years and qualify for permanent residence, you may leave the country for a maximum of 12 months. If you do not return to the Faroe Islands within the time limit, your residence permit will automatically lapse.
Time spent outside of the Faroe Islands due to military conscription or other types of involuntary service is not counted.
Time spent in Greenland or Denmark is seen as time spent outside the Faroe Islands.
If you have refugee status (that is, if you have a residence permit on the grounds of asylum) in the Faroe Islands, your residence permit will only lapse if you return to your country of origin, or if you have been offered protection in a third-country.
How do I keep my residence permit from lapsing?
You can apply for dispensation, that is, request that the Immigration Service to allow your residence permit to remain valid before you leave the Faroe Islands. If the six or 12 month validity period expires (see above) and your permit lapses while you are outside the Faroe Islands, you can apply to have your residence permit not be considered as lapsed.
Application for dispensation
You can apply for dispensation, that is, you can request that the Immigration Service permit you to stay outside of the Faroe Islands for longer than the six or 12 month limit without your residence permit lapsing. You must apply before leaving the Faroe Islands, and it must be your intention to remain outside of the Faroe Islands temporarily.
In addition, you must have a specific purpose for leaving the Faroe Islands, such as:
- work
- education
- foreign posting for a Danish/Faroese authority, institution, organisation or company
- foreign posting for an international institution, organisation or company headquartered in the Faroe Islands
How long is the dispensation period?
Decisions about dispensation are made on a case-by-case basis, and will depend on a number of factors, such as: why you are applying for dispensation, how long you have lived in the Faroe Islands, and your ties to the Faroe Islands. Normally, the dispensation period can be extended to a maximum of three years. If you do not wish to return the the Faroe Islands within this period, you can apply for an extension of your dispensation period. Applications for extension must be made before the original dispensation period expires.
If you do not return to the Faroe Islands before the dispensation period ends, your residence permit will lapse. This means that if you wish to return to the Faroe Islands, you will need to apply for a new residence permit.
Family members
If you have been granted dispensation, it can also be applied to your spouse/cohabiting partner as well as any children under the age of 18 who are living with you. The length of your family members' dispensation will be the same as yours.
If your spouse/partner remains in the Faroe Islands, and if he/she holds a temporary residence permit on the grounds of family reunification, his/her residence permit can be revoked, as the requirement that you share the same address would no longer be met.
Requesting that your residence permit not be considered as lapsed
You can request the Immigration Service not to consider your residence permit as lapsed if you remain outside the Faroe Islands for longer than the permitted length of time.
The Immigration Service can decide that your residence permit should not be considered as lapsed if:
- it was your intention to return to Denmark before the six or 12 month time limit, and
- you were prevented from returning to the Faroe Islands by unforeseen circumstances beyond your control. Such circumstances include: illness, imprisonment, war-like situations, natural disasters or problems leaving the country in which you were staying
It is important that you apply as soon as you are able to return to the Faroe Islands.
How to apply
Please remember to include all the necessary information and documentation in your application. Doing so ensures that the Immigration Service can process your application as quickly as possible.
Each application form contains a detailed description of how you should complete the form, and which documents you must attach.
Please note that form BF1 is to be used when applying for dispensation before leaving Denmark. BF1 is also used when applying for an extension of the dispensation period.
BF2 is intended for use when requesting that the Immigration Service not consider your residence permit as lapsed even though you have remained outside the Faroe Islands for longer than the permitted length of time.
You can fill in the application form in Word format on your computer before printing it out. The application form is also available as a PDF file that can be printed out and filled in by hand.
Form to use if you want to apply for dispensation from lapsing
Download Form BF1 (PDF)
Form to use if you want to apply to have your residence permit not be considered as lapsed
They can also be obtained from a Danish embassy or consulate general, or at a Faroese police station (Landfogeden).
Applications can be submitted to the Immigration Service or the Faroese police (Landfogeden).
If you are outside the Faroe Islands, you can submit your application at a Danish embassy or consulate general in the country where you are staying. Your application will then be forwarded to the Danish Immigration for processing.
If there is no Danish diplomatic mission in the country where you are staying, the Danish Immigration Service may allow you to submit your application in another country. You can find information about Denmark’s embassies and consulates at the website of the Ministry of Foreign Affairs.
If you are outside the Faroe Islands and would like to apply for dispensation, you must apply before returning to the Faroe Islands.
Processing your application
When the Danish Immigration Service has received your application, it will be processed along with the attached documentation and other information. The Danish Immigration Service will also check to see if you have been reported to the Schengen Information System (SIS).
If the Danish Immigration Service receives information that does not correspond with the information you have provided, you will be asked to explain any discrepancies before the Danish Immigration Service issues a decision.
How do you receive the decision?
If you apply for dispensation before leaving the Faroe Islands, the Danish Immigration Service will send its ruling to your Faroese address. If the Danish Immigration Service has turned down your application, this means that you may only leave the Faroe Islands for the normal period of time (six or 12 months). If you exceed this time limit, your residence permit will lapse. In this case, the letter with the decision will include information about how to appeal the decision.
If you request that your residence permit not be considered as lapsed, and the Immigration Service rules in your favour, the decision will be sent to your address in the Faroe Islands or another country or to your attorney.
If your application is turned down, and you are in the Faroe Islands, the Immigration Service will send the decision to your address or to your attorney.
If are outside the Faroe Islands, the Danish Immigration Service will send the decision to the embassy or consulate general where you submitted your application. The decision will then either be sent you or you will be asked to pick it up in person. If the Danish Immigration Service turns down your application, you cannot return to the Faroe Islands and will have to apply for a new residence permit. If this is the case, the letter with the decision will include information about how to appeal.