New special law for Ukrainian refugees

A long with a broad majority of the Danish Parliament, the government has passed a special law for refugees from Ukraine. The special law constitutes an exception to the rules of the Immigration law and aims to secure a temporary residence and work permit in Denmark for persons driven away due to the war in Ukraine.

As for now, the special law covers the following individuals:

  • Ukrainian citizens residing in and leaving Ukraine on 24 February 2022 or later.
  • Individuals who on 24 February 2022 had refugee status in Ukraine and have since left Ukraine
  • Ukrainian citizens or persons who had refugee status and resided or had a residence permit in Denmark on 24 February 2022

It is a requirement that the above-mentioned persons stay in Denmark when they apply for a residence permit.

Secondly, the Special law also provides the opportunity of getting a residence permit for the above-mentioned individuals’ cohabiting spouses, permanent cohabitants, unmarried children under the age of 18 and other cohabiting persons with a close family connection.

The requirement for a joint residence must be fulfilled on 24 February 2022 or a later date, and for the persons with close family ties, it is also a requirement that the close relative must have been dependent on the person who has primarily received temporary residence permit.

Finally, there is a special exception for persons who fall outside the above-mentioned category groups, but who on 24 February 2022 or later were cohabiting with a person who has obtained a residence permit under the Special Act and who at the time of departure had established a particular protected family life with this.

An application for a residence permit for these individuals can also be submitted while the applicant is staying outside Denmark’s borders.

All individuals who obtain a temporary residence permit under the Special law are exempt from the Immigration law’s general requirements for a work permit.

As for now, the temporary residence permits under the Special law are valid until March 2024.

You can read the wording of the special law here.

If you need any advise on the process of applying for a residence permit in Denmark or have any questions regarding the new special law, please do not hesitate to contact Partner, Attorney Michael Møller Nielsen, Attorney Julie Flindt Rasmussen, Attorney David Bar-Shalom, Assistant Attorney Anna Lindencrone Lundin or Assistant Attorney Mina Faiz.