They must fulfil eight indispensable conditions in order to achieve 70 points, as set out in section 11(4). They must:

1. have resided in Denmark for at least 4 years;
2. not have been sentenced to imprisonment for 18 months or more;
3. not have been sentenced to 60 days’ imprisonment or more for violation of Parts 12 and 13 of the Criminal Code (crimes against the state);
4. not have overdue debt to public authorities, unless a respite has been given and the debt is below 100,000 DKR (13,500 euro);
5. not have received social assistance (Act on Active Social Policy or Integration Act) within the last 3 years before submitting the application for a permanent residence permit;
6. have signed a declaration on integration and active citizenship;
7. have past the Danish 2 Examination (level B1) or a Danish language examination at a higher level;
8. have had ordinary full time employment in Denmark during at least 2 years and 6 months within the last 3 years before submitting the application

In addition, in order to achieve the extra 30 points they must engage in extra effort with a view to integration through:

1. ‘active citizenship’ and
2. employment, Danish language proficiency or education.

In order to fulfil the ‘active citizenship’ requirement and achieve 15 points (section 11(5)) the applicant must

• pass a special ‘active citizenship test’ or
• demonstrate active citizenship in Denmark through at least 1 year’s participation in boards, organisations etc.

In order to fulfil the ‘supplementary conditions relevant to integration’ and achieve 15 points (section 11(6)) they must:

• have had ordinary full time employment in Denmark for at least 4 years within the last 4 years and 6 months before submitting the application for permanent residence and be continuously attached to the labour marked at the time when the permanent residence permit is granted or
• have finalised a long higher education, a professional bachelor education, a commercial academy education or a vocationally oriented out-of-school education in Denmark or
• have passed Danish 3 Education (level B2)

Young foreigners over the age of 18 who applies for a permanent residence permit before turning 19 are exempted from the requirement of 1) achieving the 15 points according to section 11(6) and 2) having ordinary full time occupation in Denmark during at least 2 years and 6 months within the last 3 years before submitting the application for a permanent residence permit (section 11(4)(8)), provided that they have been in the process of training or full time employed since they left the Folkeskole (municipal primary and lower-secondary school).

Comments

The new rules are based on an agreement between the Danish government and the Danish People’s Party of 15 March 2010. The agreement has been implemented through amendments to a number of Acts, among others the Aliens Act (and the Integration Act comprising many positive changes as to integration, among others a better reception of foreigners in the local society and educational options on a broader scale).

However, the changes regarding access to permanent residence may seriously impair the status of many immigrants.

According to the preparatory report to the Bill the aim of the reform is to make it possible for well-integrated foreigners to acquire a permanent residence permit earlier than today, namely after 4 years instead of 7 years, as was previously the case. Moreover, the reform intends to send a signal of what Denmark expects from its new co-citizens. The basic idea is that there is a personal responsibility for integration and active citizenship, and furthermore that foreigners wishing to integrate in Denmark and proving good will as regards active contribution to and respect for Danish culture and democratic values can become part of the Danish society and acquire a permanent residence permit. However, foreigners who do not ‘prove good will to integrate’ will be excluded from acquiring a permanent residence permit. The result of ‘the integration will’ is brought into focus.

The high and inflexible integration requirements give cause for concern. It is very likely that many immigrants will not be able to fulfil the requirement on full-time occupation combined with the Danish language requirement—regardless of their good will. Especially unskilled workers may find it hard to allocate the necessary time to education, and immigrants in the process of training will have to wait for a number of years before they can (hopefully) fulfil the requirement of full time employment. And vulnerable immigrants, such as among others traumatised refugees, may face even bigger problems. They may be exempted from fulfilling requirements, which they are not able to fulfil, provided that it is required by ‘Denmark’s international obligations, including the UN Convention on the Rights of Persons with Disabilities’ (section 11, paragraph 12) but it is for the applicant to prove that he or she has a handicap that can give rise to exemption.