Executive Order on the Issue of Residence and Work Permits for Students
The following is laid down pursuant to section 9c(5), section 12 and section 15(2) of the Aliens Act, cf. Consolidated Act No. 945 of 1 September 2006 as amended by Act No. 89 of 30 January 2007:
Part 1
Education programmes and courses which may form the basis of a residence permit
1. (1) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a higher education programme at an educational institution accredited by the public authorities when the education programme has been approved by a national authority and when: -
(i) participation in the programme has been planned by a ministry or the relevant educational institution; or
(ii) participation in the programme is part of a study programme of higher education already commenced by the alien in his country of origin or another country in which he resides permanently.
Schedule 1 provides illustrative lists of study programmes of higher education approved by a public authority.
(2) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a higher education programme which is not approved by a public authority, but provided by an educational institution approved by the national authorities and subject to state supervision, when the Danish Evaluation Institute (Danmarks Evalueringsinstitut) has issued an advisory opinion that the contents of the relevant programme are deemed to have an acceptable quality level; and when: -
(i) participation in the programme has been planned by the relevant educational institution; or
(ii) participation in the programme is part of a study programme of higher education already commenced by the alien in his country of origin or another country in which he resides permanently.
2. A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a qualifying course in connection with a higher education programme falling within section 1(1)(i) or section 1(2)(i) hereof when: -
(i) the qualifying course is specifically attached to the higher education programme;
(ii) the alien has been enrolled in the higher education programme to which the qualifying course is attached;
(iii) the educational institution has decided that participation in the qualifying course is a prerequisite for attending the relevant higher education programme; and
(iv) the duration of the qualifying course is not more than one year.
3. (1) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a course at a folk high school or the like which is provided by an educational institution approved by the national authorities and subject to state supervision if the principal of the school makes a solemn declaration that the course to be followed by the alien is intended to be held so that government grants would be available for the course pursuant to the Act on Folk High Schools, Continuation Schools, Schools of Domestic Science and Handicraft Schools (Independent Boarding Schools).
(2) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a course at a folk high school or the like where the principal of the school does not make a solemn declaration that the course is intended to be held so that government grants would be available, but where the course is provided by an educational institution approved by the public authorities and subject to state supervision, when the Danish Evaluation Institute has issued an advisory opinion that the contents of the relevant programme are deemed to have an acceptable quality level.
(3) The issue of a residence permit under subsections (1) and (2) hereof is conditional upon payment by the alien of the course tuition fee charged by the school.
4. (1) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a youth education programme or primary or lower secondary education when the education programme has been approved by a national authority.
Schedule 2 provides an illustrative list of youth education programmes approved by a national authority. Schedule 3 provides an illustrative list of upper secondary courses approved by a national authority. Schedule 4 provides an illustrative list of primary and lower secondary courses approved by a national authority.
(2) A residence permit under section 9c(1) of the Aliens Act may be issued for the purpose of participation in a youth education programme or a primary or lower secondary course at an educational institution not accredited by the national authorities, but provided by an educational institution approved by the national authorities and subject to state supervision, when the Danish Evaluation Institute has issued an advisory opinion that the contents of the relevant programme are deemed to have an acceptable quality level.
(3) The issue of a residence permit for one year’s enrolment in an upper secondary course is subject to the following conditions: -
(i) The educational stay must be organised by a student exchange organisation;
(ii) it is a continuation of an educational course already commenced abroad, or
(iii) the alien expressly applies for permission only to take the first year of the educational programme, and it is proved or otherwise rendered probable that the alien intends to continue his education abroad after his stay in Denmark.
5. (1) An alien issued with a residence permit under section 1 of this Order for the purpose of participation in and completion of a higher education programme in Denmark is simultaneously issued with a residence permit for the purpose of a temporary stay for not more than six months under section 9c(1) of the Aliens Act for the purpose of seeking employment in Denmark after completion of the higher education programme, but cf. subsection (2) hereof.
(2) Where a residence permit under section 1 of the Order for the purpose of participation in and completion of a higher education programme in Denmark is issued by a Danish mission abroad, a residence permit under section 9c(1) of the Aliens Act may be issued after the alien’s arrival in Denmark for the purpose of a temporary stay for not more than six months to enable the alien to seek employment in Denmark after completion of the higher education programme. Such application must be submitted to the Danish Immigration Service.
Part 2
Other conditions for the issue of residence permits
6. (1) A residence permit under sections 1 to 4 of this Order is subject to the condition that the alien proves that he has been enrolled in the education programme or course for which he has applied for a residence permit. Unless exceptional reasons make it inappropriate, the Danish Immigration Service shall, before issuing a residence permit under sections 1 to 4 of this Order, request the educational institution to confirm that the alien has been enrolled in the education programme or course for which the alien has applied for a residence permit on the conditions mentioned in the application, including proof of enrolment in the course. Procurement of the information listed in the second sentence hereof is subject to consent from the alien.
(2) A residence permit under sections 1 to 4 under this Order is subject to the condition that the alien is actively studying in connection with the course or education programme forming the basis of the residence permit.
7. (1) A residence permit under sections 1 to 5 of this Order is conditional upon the alien’s maintenance being ensured through the alien’s own means, grants, study loans or the like.
(2) A residence permit under sections 1 to 4 of this Order is conditional upon the alien documenting that his og her maintenance is ensured through the alien’s own means, grants, study loans or the like. This does not apply if the alien applies for a residence permit under section 1 of this Order, the alien has paid the tuition fee required for the educational programme, and the tuition fee paid by the alien is at least payment for the first term of the programme.
8. (1) A residence permit under sections 1 to 4 of this Order for aliens under the age of 18 is conditional upon the relevant educational institution submitting a declaration stating that it will assist in ensuring for the child a reasonable stay in Denmark for the duration of the permit.
(2) A residence permit under sections 1 to 4 of this Order for aliens under the age of 18 is conditional upon consent to the child’s stay in Denmark from the person having custody of the child.
Part 3
Refusal based on presumption
9. A residence permit under sections 1 to 4 of this Order cannot be issued if there is a certain presumption that the alien does not intend to study in Denmark. In the assessment of this, the following information may be included: -
(i) The alien’s educational background and language skills, including whether the alien has the qualifications deemed necessary and usual for completing the educational course forming the basis of the application for a residence permit and otherwise for coping in the Danish society during the intended stay, and whether the intended stay is naturally connected with the alien’s current educational background;
(ii) former applications submitted by the alien for a stay in Denmark or the remainder of the Schengen area, including in particular applications for asylum or family reunification with persons living in Denmark; and
(iii) the educational institution at which the alien requests to study, including whether previous residence permits issued to foreign students of the relevant educational institution have given rise to problems because a considerable proportion of the foreign students of the educational institution have disappeared or otherwise abused the residence permit, or the educational institution has recruitment methods and lax admission requirements for foreign students which may attract applicants whose real intention is not to study in Denmark.
Part 4
Length of residence permit and its renewal
10. (1) A residence permit under section 1(1)(i) of this Order is issued for the purpose of a temporary stay in Denmark not exceeding the standard period of study for the relevant educational programme.
(2) A residence permit under section 1(1)(ii) of this Order is issued for the purpose of a temporary stay in Denmark not exceeding the standard period of study of that part of the educational programme that the alien is to attend. A residence permit may be issued for not more than two years.
(3) A residence permit under section 1(2)(i) of this Order is issued for the purpose of a temporary stay in Denmark not exceeding the standard period of study for the relevant educational programme. The residence permit may be issued for not longer than the validity of the existing advisory opinion of the Danish Evaluation Institute.
(4) A residence permit under section 1(2)(ii) of this Order is issued for the purpose of a temporary stay in Denmark not exceeding the standard period of study of that part of the educational programme that the alien is to attend. The residence permit may be issued for a period not exceeding two years and not longer than the validity of the existing advisory opinion of the Danish Evaluation Institute.
(5) A residence permit under section 1(1)(i) of this Order may be extended by a further year if the alien is actively studying and the number of months for which the student has been enrolled in the programme does not exceed the study period prescribed by the rules applicable to the programme by more than one year.
(6) A residence permit under section 1(1)(ii) of this Order may be extended by a further year to not more than two years if the alien is actively studying and the number of months for which the student has been enrolled in the programme does not exceed the study period prescribed by the rules applicable to the programme by more than one year.
(7) A residence permit under section 1(2)(i) of this Order may be extended by a further year if the alien is actively studying and the number of months for which the student has been enrolled in the programme does not exceed the study period prescribed by the rules applicable to the programme by more than one year. The residence permit may be issued for not longer than the validity of the existing advisory opinion of the Danish Evaluation Institute.
(8) A residence permit under section 1(2)(ii) of this Order may be extended by a further year to not more than two years if the alien is actively studying and the number of months for which the student has been enrolled in the programme does not exceed the study period prescribed by the rules applicable to the programme by more than one year. The residence permit may be issued for not longer than the validity of the existing advisory opinion of the Danish Evaluation Institute.
11. (1) A residence permit under section 2 of this Order for the purpose of participation in a qualifying course in connection with a higher education programme falling within section 1(1)(i) of this Order is issued for the purpose of a temporary stay for a period not exceeding the duration of the relevant qualifying course.
(2) A residence permit under section 2 of this Order for the purpose of participation in a qualifying course in connection with a higher education programme falling within section 1(2)(i) of this Order is issued for the purpose of a temporary stay for a period not exceeding the duration of the relevant qualifying course and for not longer than the validity of the existing advisory opinion of the Danish Evaluation Institute regarding the relevant programme of higher education.