Family reunification is one of the most widely used schemes for foreign nationals who wish to live with their spouse or partner in Denmark. One of the most talked-about and often misunderstood rules in this process is the so-called 24-year rule. The rule can be decisive for whether an application is approved or rejected, but it also contains important exceptions that many are not aware of. In this blog post, we review what the 24-year rule entails, why it exists, and which exceptions can make family reunification possible after all.
What is the 24-year rule?
The 24-year rule means that both spouses or cohabiting partners must, as a general rule, have turned 24 years old in order to obtain family reunification in Denmark. The rule applies to marriage and permanent cohabitation and was introduced to counter forced marriages and ensure that the relationship is voluntary and mature.
If one or both parties are under 24 years old, the application will, as a general rule, be refused – regardless of how long the couple has known each other, or whether they have children together.
Why does the 24-year rule exist?
The purpose of the 24-year rule is to protect young people from pressure and coercion in connection with marriage and at the same time ensure better integration. The authorities consider that older applicants are more likely to make independent choices and are better equipped to establish themselves in Denmark.
At the same time, the rule is a political tool intended to limit the number of family reunifications. This makes it one of the most restrictive provisions in Danish immigration law.
When does the 24-year rule apply?
The rule generally applies in cases of:
- Family reunification with a spouse
- Family reunification with a permanent cohabiting partner
- Applications where both parties are not Danish citizens
It is important to be aware that the 24-year rule is only one of several requirements. There are also requirements regarding attachment, housing, financial security, and integration conditions.
When can you submit the application?
Although both parties must generally be 24 years old, you can submit the application when the youngest of you has turned 23 years and 6 months old.
This means that case processing can begin before the 24-year requirement is formally met, as long as the requirement is expected to be fulfilled during case processing, or at the latest by the time of the decision. Here it is important to plan the application according to the indicative case processing time at the time of application, which can be found at www.nyidanmark.dk.
Exceptions to the 24-year rule
Although the 24-year rule is strict, there are exceptions where family reunification can still be obtained.
1. Minor children with independent attachment to Denmark
An exception can be made if you, as the reference person in Denmark:
- have resident minor children with independent attachment to Denmark, or
- have regular contact with minor stepchildren
Here, the authorities place weight on the best interests of the child and the right to family life. If a refusal of spousal reunification would have significant consequences for the child, the 24-year requirement may be set aside.
2. Serious illness or serious disability
The 24-year requirement may also be waived if the reference person in Denmark:
- is seriously ill, or
- has a serious disability
This typically requires that there is documentation of the nature of the illness or disability, and that the applicant’s presence in Denmark is necessary for the purpose of care, support, or assistance.
3. Work within the positive lists
If the reference person works within an occupation covered by the positive lists, this may also constitute grounds for an exception.
The positive lists cover occupations where there is a shortage of labour in Denmark. Here, considerations regarding the labour market and society’s needs may be taken into account in the assessment of whether the 24-year requirement should be waived.
4. Employment in state service with special significance
An exception may also be made if the reference person:
- works in state service, and
- holds a position of special foreign policy or security policy significance for Denmark
This exception is based on a memo from the Ministry of Integration dated 26 May 2003 and is applied in special and relatively rare cases.
A specific and individual assessment
It is important to emphasise that exceptions to the 24-year rule are not granted automatically. The Danish Immigration Service always makes an overall and specific assessment, where documentation and the special circumstances of the case play a decisive role.
Inadequate documentation or incorrect expectation management can lead to a refusal – even if one initially believes oneself to be covered by an exception.
The importance of legal advice
Cases involving family reunification and the 24-year rule are often complex and require in-depth knowledge of both legislation and practice. Here, an immigration law lawyer in Denmark can help assess whether there are grounds for an exception, and how the case is best presented to the authorities. A lawyer in family reunification or a lawyer in immigration law, or a legal advisor in immigration law, or a legal advisor in family reunification, can help you review your case before you apply, to ensure that you meet the 24-year rule.
A lawyer in immigration law or a legal advisor in immigration law can, among other things:
- Analyse your specific situation
- Assess options for exemption or EU solutions
- Ensure correct documentation
- Prepare legal arguments
- Help with refusals and appeal cases
This expertise can be decisive for the outcome of the case.
Professional help can make the difference
At Copernica Law, we work specifically with cases of family reunification and other immigration law matters. The focus is on individual advice and correct case handling, so that applicants get a realistic picture of their options and the best possible legal support.
Contact us
If you are subject to the 24-year rule or are in doubt about whether an exception may apply in your case, contact us for professional advice and a thorough assessment of your options.
Closing remark
The 24-year rule for family reunification may seem like an insurmountable barrier, but it is not always absolute. With the right knowledge, documentation, and legal strategy, exceptions can in some cases be obtained. That is why it is important to thoroughly familiarise yourself with the rules – and seek professional help before submitting your application.
