Examples of cases – worker under EU law
Please read examples of applications from foreign students who have applied for SU on the basis of their status as a worker under EU law
If you are a worker or a self-employed person under EU law, you may receive SU on equal terms with Danish citizens.
Below you will find a number of examples of cases involving foreign students who are EU/EEA citizens and have applied for SU on the basis of their status as a worker under EU law. The examples show our decisions which in all cases are made on the basis of an individual assessment in relation to every student’s entire case. Therefore there may be aspects regarding you application that will lead to another decision even if your circumstances may be very close to the examples:
Example 1 – started working at study start
A Spanish citizen travels to Denmark in June 2017. On 26 August 2017, she gets a job working 12 hours a week earning 110 kr. an hour. In September 2017, she starts studying and applies for SU. We approve that she can receive SU as a worker under EU law. She can then receive SU as long as she continues her studies and, at the same time, works a minimum of 10–12 hours a week.
Example 2 – stopped working during studies
A German citizen travels to Denmark in January 2016 and immediately gets a job 12 hours a week. When he starts studying in August 2016, he is granted SU as a worker under EU law. In September, he stops working without informing us of this, which we do not learn of until December 2016. We therefore discontinue his SU, and the student must pay back SU for the months of September to December as he could not be regarded as a worker during this period.
Example 3 – started working after study start
An Italian citizen travels to Denmark on 17 July 2016. On 2 September, he starts studying but has no paid work and therefore does not qualify as a worker under EU law with a view to obtaining SU. On 28 October 2016, he starts a job working 14 hours a week. On 3 November, he applies for SU and his application is approved with effect from November. He may subsequently receive SU as long as he continues his studies and at the same time works a minimum of 10-12 hours a week.
Example 4 – reduction in number of working hours during studies
A Swedish citizen travels to Denmark in March 2016. From the outset she works approximately 30 hours a week. In September 2016 she is admitted to a study programme and applies for SU. At study start she reduces her hours working to 8 hours a week. It is stated in her employment contract that she is not entitled to pay during holiday or remuneration during illness and that a collective agreement does not apply to the employment. After a concrete assessment of all the specific circumstances of her case, her application for SU is rejected because we find that she is not considered a worker under EU law concurrently with her studies.
Example 5 – dismissal during studies
An Irish citizen studies in Denmark and receives SU as he qualifies as a worker under EU law because he works 12 hours a week. In May 2016 he is dismissed without notifying us. During our monitoring of his status as a worker, we learn in November 2016 that he has not had a job in the period from June to October 2016, that he did not register as a job seeker at www.jobnet.dk or report to the local job centre and that he has not met the job centre’s standard job search requirements. However, we also learn that he got a new job from 1 November 2016 working 15 hours a week. His SU for the period from June to October 2016 must therefore be paid back, but he continues to receive SU from 1 November 2016 where he once again fulfils the conditions of being a worker under EU law.
Example 6 – Involuntarily unemployed
Over the last year a Norwegian citizen has received SU during her studies in Denmark because she has worked concurrently with her studies and could be regarded as a worker under EU law. In February 2016 she is dismissed from her job due to a shortage of tasks. She immediately informs us that she has become involuntarily unemployed and is seeking a new job. We ask her to send us documentation showing that she has become involuntarily unemployed, that she registered as a job seeker at www.jobnet.dk or report to the local job centre immediately hereafter and that she meets the job centre’s standard job search requirements. Subsequently, we assess on an ongoing basis if she may still be regarded as a worker under EU law.
Example 7 – internship during studies
A citizen from Poland receives SU for two years of her studies as she works 15 hours a week and may be regarded as a worker under EU law. In February 2016, she is going to the US for a six months unpaid internship. She will therefore take a leave from her job from February to July 2016 and informs us of this. She can not receive SU in this period because she is not a worker in Denmark. When she returns from the US and resumes her job concurrently with her studies, she can receive SU again.
Example 8 – self-employed person
A French citizen has started a business in 2016 in Denmark and now applies for SU. She submits documentation showing that there are economic activities in her business in the form of financial statements, an expected budget for the current year, a business plan, invoices, expenditure vouchers, VAT payments, rental agreement of her office, expenditure on wages and salaries to employees, as well as contracts she has made with business partners.
We conduct a specific assessment of the submitted documentation. We assess that she runs the business on a fairly regular basis in a serious matter and with the purpose of achieving economic profit. We also assess that the extent of the business’ economic activities is of such a size that she can be considered a self-employed person. Therefore, we assess that she has proven to have established herself as a self-employed person in Denmark under EU law. She is thus entitled to receive SU as long as she continues to run her business to the same extent along with her studies.