Denmark start-up visa: the rules

This is a note on the rules and law relating to the Denmark start-up visa. You can see my note explaining the process here.

The main provisions for qualifying for the start-up visa are here:

Section 9a (1), (2), (4), (13) & (14) of the Foreigners (Consolidation) Act

9a.-(1) A residence permit may be granted to a foreigner on the basis of employment or activity as a self-employed trader, see subsections (2) and (3).

(2) A residence permit may be granted upon application to a foreigner–

[…]

 10) Whose innovative business plan for operating self-employed business activity has received a positive assessment from an independent panel of experts appointed by the Danish Business Authority  and subject to a quota scheme as set out in subsection (13); or

[…]

(13) A residence permit under subsection (2) para. 10) may be granted within a yearly quota of 75. If the quota in the first sentence is not exhausted it must lapse.

(14) A residence permit under subsection (2) para. 10) may be renewed if the business enterprise has been established and for all intents and purposes lives up to the business plan according to which the residence permit was originally granted. The assessment to be made according to the first sentence will be made by the independent panel of experts appointed by the Danish Business Authority.

The other provisions are those relating to making an application for permanent residence before the initial visa expires:

Section 9 of the Foreigners (Consolidation) Act

9(1) A residence permit may be granted upon application to a foreigner with family ties to a foreigner holding a time-limited or permanent residence permit under section 9a(2) paras. 1) – 11), subsection (3) or (10) or section 9p(1), the first sentence, if substantial business or employment considerations so require.

(2) An application for a residence permit under subsection (1) may only be submitted in Denmark if the foreigner is lawfully resident according to sections 1 – 3a or section 4b or 5(2) or according to the EU rules, see section 6, or holds a residence permit under sections 7 – 9f, 9i – 9n, 9p or 9q and if no special reasons otherwise require. If the foreigner is not lawfully resident, see the first sentence, an application for a residence permit under subsection (1) may not be submitted in Denmark unless the stay is caused by circumstances that cannot be blamed on the foreigner or exceptional reasons are involved, for instance where it may be warranted by Denmark’s international obligations. If a time limit for the foreigner’s departure has been determined, or if another application for a residence permit submitted by the foreigner is pending, an application under subsection (1) may not be submitted in Denmark unless it may be warranted by Denmark’s international obligations.

 (3) An application for renewal of a residence permit under subsection (1) must be submitted before the permit expires to ensure that the foreigner may be considered lawfully resident  under subsection (2), the first sentence. Subsection (2), the second sentence, applies mutatis mutandis.

(4) The Minister for Immigration and Integration may lay down more specific rules on residence permits under subsection (1).

 The next provisions are those dealing with permanent residence, for which you need 8 years’ residence, longer than most programmes:

Section 11 of the Foreigners (Consolidation) Act

 11.-(1) A residence permit under section 7 – 9f, 9i – 9n, 9p or 9q will be granted with a possibility of permanent residence or for the purpose of a temporary stay in Denmark. The residence permit may be granted for a limited period of time.

(2) A time-limited residence permit granted with a possibility of permanent residence will be renewed upon application unless there is a basis for revoking the residence permit under section 19 and section 19a(2). The Immigration Service will at its own initiative decide on the renewal of a residence permit granted for the purpose of temporary residence under section 7 and 8(1) and (2) if the residence basis continues to exist.

(3) Unless there is a basis for revoking the residence permit under section 19, a permanent residence permit may be granted upon application to a foreigner over the age of 18 if –

1)  the foreigner has been lawfully resident in Denmark, but see subsection (7), for at least eight years , but see subsections (5) and (6), and throughout that period held a residence permit under section 7 – 9f, 9i – 9n, 9p or 9q(2) or (3). If the residence permit was granted under section 9(1) para. 1) or 9c(1), the first sentence, or section 9q(2) based on marriage or permanent cohabitation, the requirement set out in the first sentence above will only be considered fulfilled if the residence permit was granted on the basis of the same marriage or cohabitation;

2) the foreigner has not been sentenced to an unsuspended penalty of at least six months of imprisonment or another criminal sanction involving or allowing deprivation of liberty for an offence that would have resulted in a penalty of this duration;

3) the foreigner has not been sentenced to an unsuspended penalty of imprisonment for at least 60 days for violation of Part 12 or 13 or section 210, 216 and 222 – 224, 225 read with section 216 or sections 244 – 246 of the Criminal Code;

4) the foreigner has no overdue debt to any public authority unless the time limit for paying the debt has been extended and the debt does not exceed DKK 100,000;

5) the foreigner has not received any public assistance under the Act on Active Social Policy or the Integration Act for the last four years prior to submitting the application for a permanent residence permit and until the foreigner may be granted a permanent residence permit, other than assistance in the form of single benefits of modest amounts not directly related to maintenance, or benefits that are comparable to a wage, salary or pension or replace such income;

6) the foreigner has signed a residence and self-support declaration as set out in section 19(1), the third sentence, of the Integration Act or otherwise indicated acceptance of the contents of the declaration;

7) the foreigner has passed the Danish 2 language test, see section 9(1) of the Act on Danish Language Education for Adult foreigners and Others, or a Danish language test at a corresponding or higher level;

8) the foreigner has been in regular full-time employment or carried on activity as a self-employed trader, see subsection (8), for at least three years and six months within the past four years prior to being granted a permanent residence permit;

9) the foreigner must be assumed to participate in the labour market at the time when it will be possible to grant a permanent residence permit.

(4) It is furthermore a condition for the granting of a permanent residence permit that the foreigner meets two of the following requirements –

1) The foreigner has passed a civic qualification test as referred to in section 41b of the Integration Act or displayed active community commitment in this country through at least one year’s participation on committees, in organisations, etc.;

2) The foreigner has been in ordinary full-time employment or carried on activity as a self-employed trader, see subsection (8), for at least four years within the past four years and six months prior to the granting of a permanent residence permit;

3) The foreigner has had a yearly average taxable income of DKK 270,000 the past two years prior to the date when it will be possible to grant a permanent residence permit. The amount is stated at 2016 level and will be adjusted once every year as from 2017 on 1 January according to the benefit adjustment rate prescribed by the Act on a Rate for Adjustment of Public Benefits;

4) The foreigner has passed the Danish 3 Language Test, see section 9(1) of the Act on Danish Language Education for Adult foreigners and Others.

(5) A permanent residence permit may be granted upon application to a foreigner above 18 years of age, unless there is a reason to revoke the residence permit under section 19 of this Act, where the foreigner has been lawfully resident for at least four years and throughout the entirety of that period held a residence permit under sections 7 – 9f, 9i – 9n, 9p or 9q(2) or

(3) if the foreigner meets the requirements of subsection (3) paras. 2) – 9) and the requirements of subsection (4). Subsection (3) para. 1), the second sentence, must be applied mutatis mutandis.

You can check out my explanation of the Danish start-up visa, and also see the links below.  

Self-Support Level for Start-Up Scheme 

https://www.nyidanmark.dk/en-GB/Words-and-concepts/SIRI/Self-support—SIRI/?anchor=C1E1B26E05C14EC4A8FA2D2851159F3D&callbackItem=36FF9BCBB4F545B99A683CC95D07E070&callbackAnchor=E93F382B5F8A48899D96E9539DCA0035C1E1B26E05C14EC4A8FA2D2851159F3D

Startup Denmark’s Startup Visa Overview

https://www.nyidanmark.dk/en-GB/You-want-to-apply/Work/Start-up-Denmark?anchor=howtoapply

Citizenship Agreement 2018

https://uim.dk/filer/Statsborgerskab/indfodsretsaftale-af-29-juni-2018/ny-indfoedsretsaftale-af-den-29-juni-2018.pdf

Appendix 3a Circular on Naturalisation

https://www.retsinformation.dk/eli/retsinfo/2018/9779#idaf1683c5-dc04-421b-bbc7-b02be9f17e2e

Naturalisation Information

https://uim.dk/arbejdsomrader/statsborgerskab/udenlandske-statsborgere

Application Fees

https://www.nyidanmark.dk/en-GB

 

 

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