You are married to an EU/EEA citizen who is a worker in Denmark under EU law
You can apply for equal status with Danish citizens if you are married to an EU/EEA citizen who is a worker in Denmark under EU law
If you want to apply for equal status with Danish citizens according to this rule, you must meet these two conditions:
- You must be married to an EU/EEA citizen.
- Your spouse must be or has retained his/her status as a worker or a self-employed person in Denmark.
If you receive state educational grant (SU) as the spouse of an EU/EEA citizen, you must be aware of the fact that your right to SU is a derived right based on your spouse’s status as a worker or a self-employed person in Denmark under EU law. This means that you lose the right to SU if:
- You get a divorce from your spouse
- Your spouse loses his/her status as a worker or a self-employed person in Denmark under EU law
Please note, that with the phrasing “worker or self-employed person” we mean persons, who according to EU law can be regarded as workers. Read more about a worker or a self-employed person in Denmark under EU law.
How to apply
Find information about how to apply in minSU for the first time.
When we assess whether you can be granted equal status according to EU law, we use the information which is evident from the documentation you attach together with the application for equal status for foreign citizens. It is therefore important that you attach all the documentation you want to be included in our assessment of your application. In addition, we use the information that the national register, the Danish Immigration Service, the State Administration and the Danish Tax Agency (Skattestyrelsen) have registered about you and your spouse.
If you think that the information from the national register is inadequate or incorrect, you must contact the national register in the municipality which you live in. If you think that the information which the Danish Immigration Service or the State Administration has registered is incorrect or inadequate, you must contact the Danish Immigration Service. If you think that the information which the Danish Tax Agency (Skattestyrelsen) has registered is incorrect or inadequate you must contact Skattestyrelsen.
We monitor on an ongoing basis that your spouse continues to meet the conditions for having status as a worker or a self-employed person in Denmark under EU law. The monitoring is, in part, conducted on the basis of the information the employer reports to the Danish Tax Agency (Skattestyrelsen) about your spouse’s income and working hours, as well as information from the national register about your civil status.
If you are not able to prove that you still meet the conditions for receiving SU, we will discontinue your SU and if you have received too much SU, you must pay back this amount. Therefore, if you have received SU for a period where we subsequently find that your spouse could not be regarded as a worker under EU law, you must pay back this SU.
You are the spouse of a Danish citizen in Denmark
If you are the spouse of a Danish citizen in Denmark, you must be aware of the fact that your spouse must have exercised his/her right to free movement across national borders, before you can be granted equal status with Danish citizens and receive SU.
You must document that your spouse with Danish citizenship has exercised his/her right to free movement across national borders according to EU law and that he/she has had a genuine and effective residence in another EU/EEA country or Switzerland or in another way can be regarded as a migrant worker according to EU law. You must attach the documentation together with the application for equal status for foreign citizens applying for equal status with Danish citizens. You can access the application for equal status by clicking on the receipt page you get when you have applied for SU in minSU.
The documentation can consist of:
- Proof of addresses abroad, including transcript from the national register that the applicant's residence has been registered in the country in question.
- Conveyances for property, tenancy agreements or receipts for payment of rent.
- Documentation showing that your spouse moved from his/her former residence, including proof that he/she has terminated his/her tenancy agreement, sold his/her property or sublet his/her home for a certain period.
- Enrolment of children at school, kindergarten, etc.
- Proof of a national health insurance number or a special health insurance.
Please note that this is not an exhaustive list and that we always will make a concrete assessment of your case, when we assess your submitted documentation.
Your spouse with Danish citizenship can, in general, fulfil the condition of having established “a genuine and effective residence” by for instance having resided for a long period in a rented flat (with an open-ended tenancy agreement) or in a dwelling, which he/she has bought in another EU/EEA country or Switzerland. The condition is, however, not fulfilled if your spouse merely has stayed for a short period in a rented flat or at a c/o-address with relatives or acquaintances.