New fees structure from 1 January 2011

Visa fees from 1 January 2011 for applications. Green Card Application DKK 6100 , Extension DKK 2800
From 1 January 2011 onwards, a processing fee will normally need to be paid when a foreign national applies for a residence permit, an extension of a residence permit and for a permanent residence permit in the areas of family reunification, studies and work. Furthermore, a processing fee will normally need to be paid if a person wishes to appeal a decision or request that a case be reopened. 

The regulations regarding processing fees apply to applications submitted from 1 January 2011, appeals to the Ministry of Integration regarding applications submitted from 1 January 2011 which have been turned down by the Immigration Service, and requests to reopen a case regarding an application submitted from 1 January 2011.

Overview of case categories and fees

Below follows the conclusive list of case categories where a processing fee is required, and the amount of the fee in question (2011 amount):

1.	Family reunification	DKK5,975
2.	Work, Positive List and Pay Limit scheme	DKK3,025
3.	Work, athletes, embassy employees and trainees	DKK3,025
4.	Work, Corporate scheme	DKK3,025
5.	Work, Greencard scheme	DKK6,100
6.	Work, employees and self-employed persons	DKK3,900
7.	Students, including PhD students	DKK1,600
8.	Researchers	DKK3,025
9.	Au pairs and interns	DKK2,125
10.	Religious workers	DKK2,125
11.	Accompanying family members of employees, self-employed persons, students and researchers	DKK1,975
12.	Extension of family reunification	DKK1,725
13.	Extension of Positive List, Pay Limit scheme, Corporate scheme, athletes, embassy employees and trainees	DKK2,575
14.	Extension of Greencard	DKK2,800
15.	Extension for employees and self-employed persons	DKK2,575
16.	Extension for students, including PhD students	DKK1,600
17.	Extension for researchers	DKK2,575
18.	Extension for au pairs and interns	DKK1,650
19.	Extension for religious workers	DKK1,650
20.	Extension for accompanying family members of employees, self-employed persons, students and researchers	DKK1,600
21.	Permanent residence permit	DKK3,550
22.	Appeal to the Ministry of Integration regarding ruling by the Immigration Service in a case category listed above (no. 1-21)	DKK750
23.	Request to reopen a case belonging to a case category listed above (no. 1-22)	DKK750

There is no fee for submitting a complaint over the way a case was processed.

Nordic citizens and EU/EEA citizens

Nordic citizens are not required to hold a residence permit but are free to reside, study and work in Denmark. EU/EEA citizens and Swiss citizens who wish to reside in Denmark under the EU regulations on freedom of movement are subject to special rules. Nordic citizens and EU/EEA citizens are not required to pay the processing fee. Read more about EU/EEA and Nordic citizens.

Groups exempt from paying the fee

The processing fee is required in cases regarding family reunification, studies and work and only in the case categories listed above.

This means that there is no fee for applications, appeals or requests for reopening of a case in any other case categories, for example, there is no fee for submitting an application for asylum, for a residence permit on humanitarian grounds, or for a residence permit as a non-deportable person.

Furthermore, no fee is to be paid when applying for:

• Residence permit under the Working Holiday programme
• Residence permit as a volunteer
• Residence permit under the Cities of Refuge programme
• Residence permit on the grounds of former Danish citizenship or Danish descent

There is also no fee for applications for a residence permit for adoptees that are processed by a Regional State Administrative Office.

Furthermore, no fee is to be paid when applying for:

• Family reunification under the EU regulations on freedom of movement
• Residence permit in the Faroe Islands or Greenland

Foreign nationals covered by the ‘fitter rule’ are not required to hold a residence and work permit. Consequently, they do not need to submit an application for a residence permit or pay the fee. Read more about the ‘fitter rule’.

In certain other cases it is possible to be granted an exemption from paying the fee. Possible exemptions are described below in ‘Exemptions from paying the fee’.

When to pay the fee

The fee must be paid by the time the application, appeal or request for reopening is submitted. The relevant authority (the Immigration Service or the Ministry of Integration) will not start processing the case until the fee has been registered as duly paid by the authority. If the fee is not paid in time, the application, appeal or request will be rejected.

What does the fee cover?

The fee covers the processing of the case. This means that the fee will not be refunded if the application, appeal or request to reopen a case is turned down. Furthermore, the fee will not be refunded if, during the processing of the case, the applicant chooses to withdraw the application, appeal or request.

The fee for submitting a request to reopen a case will be refunded if the request is granted, just as the fee for submitting an appeal will be refunded if the appeal is granted.

The three steps of the application process

From 1 January onwards it is necessary to complete three steps when submitting an application, appeal or request to reopen a case regarding a case category where a processing fee is normally required. The three steps must be completed in the following order:

1. Create case order ID
2. Pay the fee (unless the applicant is exempt)
3. Submit the application, appeal or request for reopening

Under the heading ‘Groups exempt from paying the fee’ above are mentioned certain case categories for which there is no fee. In these case categories it isnot necessary to create a case order ID (or pay a fee).

In all other case categories, it is necessary to create a case order ID.

1. Create case order ID

The first step is to create a case order ID on http://www.newtodenmark.dk/fee. This applies whether the case regards an application, an appeal or a request to reopen a case.

The case order ID consists of eight digits which must be used when paying the fee and when submitting the application/appeal/request for reopening. The case order ID digitally links an application with the associated payment. The case order ID need not be created by the applicant. It is also possible for the applicant’s sponsor in Denmark or another person to do it on his/her behalf. The only information required for creating a case order ID is the applicant’s full name and the type of application the applicant wishes to submit.

When creating a case order ID it is important to select the correct case category, such as “Family reunification (first time)” or “Greencard scheme (extension)”. It is important to select the correct case category right from the start. If the wrong category has been selected, it is necessary to create a new case order ID.

If a person wishes to submit several applications/appeals/requests, he/she must create a case order ID for each case. If a person wishes to submit an application for family reunification on behalf of several people (such as his/her spouse and children), an application must be submitted for each individual. This means that it is necessary to create a case order ID – and subsequently pay a fee – for each individual’s case.

If applicants experience problems when trying to create a case order ID they can get help by calling the Immigration Service or appearing in person at the Service Centre of the Immigration Service. In the month of January 2011 they can also call a special hotline on +45 35 30 88 50 which is open Monday, Tuesday, Wednesday and Friday from 9 a.m. to 12 p.m. and Thursdays from 12 p.m. to 3 p.m.

2. Pay the fee

The fee must be paid by the time the application, appeal or request is submitted. If the fee was not paid at the correct time, the application, appeal or request will be rejected. Therefore, it is important to include a payment receipt with the application, appeal or request to document the time of payment. The receipt can be a receipt for a Dankort payment or a bank transfer receipt.

The fee will be accepted as duly paid if the payment was made by the time the application, appeal or request was submitted. This applies even if the payment is not registered by the relevant authority (the Immigration Service, the Ministry of Integration or the Danish diplomatic mission) until later. If the applicant and the sponsor in Denmark are both to submit part of an application packet (such as an application for family reunification), the payment will be accepted as duly paid if the payment took place by the time the last part of the application packet was submitted.

If an application is rejected for any reason other than late payment, the processing fee will be refunded minus a DKK 750 administration fee.

If the applicant has paid the processing fee and the subsequent case processing shows that the applicant was in fact exempt from paying the fee because he/she belongs to one of the special groups that are exempt, the entire fee will be refunded.

The fee need not be paid by the applicant. It is also possible for the applicant’s sponsor in Denmark or another person to do it on his/her behalf. Regardless of who pays the fee, the case order ID must be included with the application so the payment can be linked with the correct application, appeal or request. However, in extraordinary cases where the fee is paid to a Danish diplomatic mission or through a private company or organisation abroad, the case order ID need not be included with the payment.

If the applicant pays an insufficient amount when paying the fee, for example, if the applicant pays for a work permit case but submits an application for family reunification, the application will be rejected, and the full fee will be refunded to the applicant. If too much is paid, the excess amount will be refunded to the applicant, and the case will automatically be processed as if the applicant had paid the correct amount.

The applicant can either pay the fee while creating the case order ID, or the fee can be paid later. However, it must be paid by the time the application, appeal or request is submitted.

If the applicant wishes to pay the fee directly after creating the case order ID on http://www.newtodenmark.dk, he/she needs to select Go to payment and follow the guidelines of the payment module. If the fee is to be paid at a later point, for example, if another person is to pay on behalf of the applicant, the fee can be paid online on http://www.newtodenmark.dk/fee. The payer can then type in the case order ID and follow the instructions.

How to pay the fee

The fee for submitting an application for a residence permit – including applications for an extension of a residence permit and for a permanent residence permit – and the fee for submitting a request to the Immigration Service to reopen a case should normally be paid to a bank account belonging to the Immigration Service.

The fee for submitting an appeal and the fee for submitting a request to reopen an appeal case should normally be paid to a bank account belonging to the Ministry of Integration.

The payment module can be found on http://www.newtodenmark.dk/fee, and it includes guidelines about the different payment options.

If local conditions make it impossible to make a bank transfer to a bank account belonging to the Immigration Service or the Ministry of Integration, it will be possible to pay the fee to the Danish diplomatic mission where the application or appeal is submitted.

Click here to see a list of the places where local conditions make it impossible to make a bank transfer to a bank account belonging to the Immigration Service or the Ministry of Integration, and where the payment can me made in alternative ways.

The fee cannot be paid in cash by appearing in person at the Immigration Service, the Ministry of Integration, or the Danish police.

The bank transfer must be in Danish kroner (DKK). If this is impossible due to local conditions, the transfer must be in euro. However, in extraordinary cases where the fee is paid to a Danish diplomatic mission, the payment can be made in the local currency.

3. Submit the application, appeal or request for reopening

The Immigration Service recommends that the applicant uses the relevant application forms or packages when submitting the application.

In the application form the applicant must fill out the following in the relevant fields:

• Case order ID
• Whether the processing fee was paid when the case was submitted, or whether it was submitted under the regulations for exemption from paying the fee
• Information required to refund the fee or part of the fee, if needed

Furthermore, the applicant must give all other information required to process the case.

If the applicant chooses not to use an application form when submitting the application, he/she must still give the above mentioned information.

The above mentioned information is also required when submitting an appeal or a request to reopen a case.

Exemptions from paying the fee

Certain groups applying for a residence permit, an extension of a residence permit or for a permanent residence permit are exempt from paying the processing fee.

Foreign nationals applying for a residence permit, an extension of a residence permit or for a permanent residence permit can receive an exemption if Denmark’s international obligations or EU regulations prevent the fee from being applied.

Foreign nationals appealing a decision or requesting that a case be reopened can receive an exemption if EU regulations prevent the fee from being applied.

For all the above-mentioned groups, a decision whether to grant an exemption will be made on a case-by-case basis. For this reason, applicants from these groups must also create a case number ID.

Denmark’s international obligations

Denmark’s international obligations to protect the right to family life can require it to grant an exemption from paying the fee for applications for family reunification. Exemptions will be granted on a case-by-case basis.

An exemption can be granted if the sponsor (the spouse living in Denmark) is a refugee or has protected status and still risks persecution in his/her home country.

An exemption can also be granted if the sponsor (the spouse living in Denmark) has a child from a previous relationship. The sponsor must have partial or full custody of the child, or take advantage of visitation rights to regularly see the child.

An exemption can be granted if the spouse in Denmark suffers from a serious illness or handicap.

Please note that a decision to grant an exemption from paying the fee has no bearing on the processing of the case. Being granted an exemption should not be taken as an indication that the application will be approved, or an indication of whether the normal requirements for a residence permit can be waived.

Turkish citizens

Certain groups of Turkish citizens are exempt from paying the processing fee in accordance with the Association Agreement between the EEC (now the EU) and Turkey on 12 September 1963, as well as the “Additional Protocol” of 1970 and Decision 1/80 of 1980.

Rulings by the European Court of Justice in the case of T. Sahin (issued on 17 September 2009, C-242/06) and the Commission v the Netherlands (issued on 29 April 2010, C-92/07) have taken up the question of whether charging fees to Turkish citizens is in accordance with the Association Agreement, the Additional Protocol or Decision 1/80.

The decisions should be interpreted to mean that Turkish citizens applying for a residence permit, an extension of a residence permit or for a permanent residence permit in connection with work, or who wish to appeal a decision or request that a case be reopened in connection with a work stay.

Based on these decisions, the immigration authorities have also concluded that foreign nationals applying for family reunification with a Turkish citizen living in Denmark who is economically active as an employee, self-employed person or service provider cannot be charged the processing fee. In such cases, it is also not permitted to charge a fee for applications for an extension of a residence permit or applications for a permanent residence permit, nor for appeals or request that a case be reopened.

In other applications for family reunification (e.g. if the Turkish citizen living in Denmark is not economically active, or if the person living in Denmark is not a Turkish citizen) neither the Association Agreement, the Additional Protocol nor Decision 1/80 prevent the fee from being charged. In such cases, the fee must be paid when applying for family reunification, an extension of a residence permit on the grounds of family reunification, or when applying for a permanent residence permit, as well as when appealing a decision or requesting that a case be reopened.

When evaluating whether a Turkish citizen is an employee, the immigration authorities will base their decision on the interpretation of the term ’employee’, as defined by the European Court of Justice.

A decision about whether an individual can be considered an employee, as defined by the ECJ, will be made on a case-by-case basis. The decisive factor will be whether the individual’s employment relationship is real and genuine. In determining whether an employment relationship is real and genuine, the decisive factor will be whether the individual receives payment for services rendered for another party, and on the instruction of another party. Employment that is apparently a marginal supplement cannot be considered, as the regulations governing the free movement of labour were created solely to ensure the free movement of individuals engaging in economic activity. If an individual only works a minimal number of hours, it would be a sign that the employment relationship is a marginal supplement. Normally, it is a requirement that the individual works a minimum of 10 to 12 hours per week. This requirement is based on ECJ practice, jf. the judgements Kempf (C-139/85) and Megner and Scheffel (C-444/93). In the Genc (C-14/09) judgement, the ECJ ruled that criteria such as the entitlement to paid leave, remuneration during illness, the duration of the employment and whether the individual was covered by a collective agreement should be considered in the overall evaluation of whether an employment relationship was real and genuine.

It is not possible to set a lower limit for how long the employment must have lasted in order to qualify. The ECJ, in the Franca Ninni-Orasche (C-413/01) decision, established that a 10-week temporary contract was sufficient to qualify as an employee, according to the court’s definition. The case involved educational stipends, and based on the decision guidelines were given to local authorities for determining when an individual should be considered an employee. The guidelines deal with short-term employment relationships, and set a lower limit of 10 weeks. However, it must be underscored that all decisions will be made on a case-by-case basis. A temporarily employed individual who quits after less than 10 weeks may still qualify as an employee, according to the ECJ definition, just as an individual who has worked for more than 10 weeks may not qualify, e.g. if the number of hours worked was so limited that the employment appears to be a marginal supplement.

Please note: If a person submits an application, appeal or request to reopen a case without paying the fee on the belief that he/she is exempt from paying the fee and the immigration authorities later determine that the individual was, in fact, not exempt, the application/appeal/request will be rejected. In such instances, the person will need to go through the entire process again: create case order ID, pay the fee, and submit a new application/appeal/request.

If a person has paid the fee, but the immigration authorities find that he/she was, in fact, exempt, the fee will be refunded.

Source: http://www.nyidanmark.dk/en-us/coming_to_dk/fee/about_fees/about_fees.htm