Name of the Organization : Danish Immigration Service
Type of Facility : Humanitarian Residence Permit
Country : Denmark
Residence permit on humanitarian :
A residence permit on humanitarian grounds can be granted to a foreign national who is registered as an asylum seeker in Denmark, if significant humanitarian considerations warrant it.
Related : Danish Immigration Service Residence Permit For Religious Workers : www.statusin.org/6477.html
Who can be granted a residence permit on humanitarian grounds?
According to the Danish Aliens Act, Section 9b, 1, a residence permit on humanitarian grounds can be granted to a foreign national who is registered by the Immigration Service as an asylum seeker in Denmark.
The applicant must be in such a situation that signigicant humanitarian considerations warrant a residence permit.
The Danish Parliament has decided that humanitarian residence permits should be the exception, not the rule.
An application for a humanitarian residence permit should be submitted to the Ministry of Justice. If you wish to apply for a humanitarian residence permit please use this application form. The Ministry will then conduct a factual assessment of each individual application.
In making this assessment, the Ministry places importance on the applicant’s personal situation, including whether he or she suffers from a serious physical or psychological illness, and whether the application concerns a family with young children who come from a nation at war.
If the applicant suffers from a serious illness which can substantiate a humanitarian residence permit, the Ministry will also assess whether the applicant can receive the necessary treatment for this illness in his or her country of origin.
The Ministry’s ruling regarding a humanitarian residence permit is final. This means that the ruling cannot be appealed to any other administrative authority.
Instructions for asylum seekers about the possibility for applying for humanitarian residence permit:
Humanitarian residence permitA humanitarian residence permit is only granted in very special cases. A residence permit can be granted, among other reasons, if you suffer from a very serious treatment-requiring illness, or if you risk deterioration of a serious handicap by returning to your home country.
If you apply for a residence permit on the grounds of your health, and treatment is available in your home country, you cannot be granted a humanitarian residence permit.
The fact that you cannot afford treatment in your home country does not factor into the Ministry’s decision, and therefore, you cannot be granted a residence permit on these grounds.
A humanitarian residence permit is only granted for a limited period of time.
Only registered asylum seekers can apply for a humanitarian residence permit:
If the Danish Immigration Service decides to process your asylum application in Denmark, you have the possibility of applying for a humanitarian residence permit. However, this is preconditioned by the immigration authorities having information about your place of residence.
The Ministry needs information from you:
A residence permit on the grounds of health is only granted to those persons suffering from a very serious treatment-requiring illness. You are therefore required to provide up-to-date medical documentation for the illness. It is thus not enough that you yourself write that you are seriously ill.
If you apply for a humanitarian residence permit on the grounds of your health, you must therefore as soon as possible forward medical documentation for this very serious treatment-requiring illness. The medical documentation must be produced by medical professionals.
The documentation may for instance consist of record entries from your preliminary medical examination upon arrival at the asylum centre, continuation reports and other medical information from the medical staff at the asylum centre where you are staying. The documentation may also consist of records from doctors you have consulted and records from any possible hospital stays. You can obtain this information by contacting the medical staff at the centre where you are staying or the doctors you have consulted. You may also – at your own expense – ask a doctor to fill in the “form for procurement of medical information to be used for the processing of the application for a residence permit on the grounds of health by the Danish immigration authorities”. The Ministry can always request further medical information concerning your serious treatment-requiring illness.The Ministry does not reimburse any costs incurred in connection with the procurement of medical information.
The Ministry has the right to request the information from your asylum case, and this will almost always happen if you apply for a humanitarian residence permit. The Ministry will use this information in the processing of your application for a humanitarian residence permit.
Your right to stay in Denmark while the Ministry processes your case:
An application for a humanitarian residence permit does not prompt any right to stay in the country while the Ministry is processing your case.
Only under very special circumstances will the Ministry grant you the right to stay in the country while your case is being processed.
However, you always have the right to stay in Denmark as long as your asylum case is being processed by the Immigration Service or the Refugee Appeals Board.
Where to submit an application for a humanitarian residence permit:
Your application must be sent to the Danish Ministry of Justice, Slotsholmsgade 10-12, 1216 Copenhagen K or by email to jm@jm.dk.