Same-Sex Couple Family Reunification in Denmark: 2026 Guide

General information about the rules in force. Not legal advice. Last updated 10 October 2026.

Family reunification for a same-sex couple in Denmark runs through five different legal frameworks, and which one applies depends on whether the couple is married, in a legacy registered partnership, or cohabiting, and on how the sponsoring partner holds residence rights in Denmark. Marriage between two people of the same sex has been legally recognised in Denmark since 15 June 2012, and same-sex couples now use the same statutory routes as opposite-sex couples, with one extra option for couples who registered a partnership before the marriage law changed.

Why this matters

A same-sex couple applying for family reunification in Denmark in 2026 is not choosing freely between options. The couple is identifying which statutory route already applies to their situation, because the wrong route means a rejected application and a fresh start under the correct one.

Marital status, the sponsoring partner's nationality, and whether that partner is exercising EU free movement rights all point to a different authority and a different set of conditions. Globe Advokater advises both partners in these cases across udlændingeret - Danish immigration law - from the first application through an appeal if one becomes necessary.

The five routes below cover the situations that come up most often. None of them predicts an outcome in an individual case, and every individual question still needs a case-specific assessment.

What decides which route applies

• Marital status: married, in a registered partnership, or unmarried and cohabiting
• The sponsoring partner's nationality and immigration status in Denmark
• Whether the sponsor is exercising EU or EEA free movement rights, or relying on Danish national rules alone
• The age of both partners, since the 24 year requirement applies under udlændingelovens § 9, stk. 1, nr. 1
• Documentation of the relationship: marriage certificate, partnership registration, or evidence of a shared household
• Which authority has jurisdiction: Udlændingestyrelsen, SIRI - the Danish Agency for International Recruitment and Integration - or Udlændingenævnet on appeal

At a glance: five routes to family reunification

Route 1: Marriage-based family reunification for couples on Danish national rules

This route covers a married same-sex couple where the sponsoring partner is a Danish or Nordic citizen, or has held permanent residence in Denmark for more than the last 3 years, and is not exercising EU free movement rights. The application runs through udlændingelovens § 9, stk. 1, nr. 1, the same provision that has always governed spousal reunification for opposite-sex couples.

Both partners need to be at least 24 years old, and Udlændingestyrelsen assesses the case against the conditions attached to that provision, including the sponsor's housing and the couple's documented relationship.

Other conditions include an economic guarantee, that the partner in Denmark has not received certain forms of public assistance in the 3 years before the application, the integration requirement in udlændingelovens § 9, stk. 8, and that the applicant passes a Danish language test at A1 level within 6 months after the permit is granted.

Marriage-based reunification advantages:

• Uses the same well-established provision as opposite-sex spousal reunification
• A marriage certificate is straightforward documentation compared with proving cohabitation
• Covers marriages performed anywhere, as long as the marriage is valid where it took place

Marriage-based reunification limitations:

• The 24 year age requirement applies to both partners without exception
• Danish national conditions, rather than the EU framework, apply in full

Applies to: married same-sex couples where neither partner is exercising EU free movement rights.

Route 2: Registered partnerships formed before 2012

Before Denmark opened marriage to same-sex couples on 15 June 2012, same-sex partners registered a civil partnership under the former partnerskabsloven instead. Couples who registered a partnership and never converted it into a marriage still hold a valid legal status, and that status is treated as equivalent to marriage for family reunification purposes under udlændingelovens § 9, stk. 1, nr. 1.

Registered partnership advantages:

• No need to remarry to use the spousal reunification route
• The same authority and provision handle the case as for a married couple

Registered partnership limitations:

• Only relevant to couples who registered before June 2012 and never converted the partnership
• Documentation from an older registration can be harder to source than a recent marriage certificate

Applies to: couples who registered a partnership before 15 June 2012 and kept that status.

Route 3: Unmarried and cohabiting partners

Udlændingelovens § 9, stk. 1, nr. 1 also covers a same-sex couple who is not married but has lived together in a marriage-like relationship, generally referred to as fast samlivsforhold. There is no marriage certificate to submit, so the couple documents the relationship through joint housing, shared finances and other evidence of a settled household.

Cohabiting partner advantages:

• Available to couples who have not married or entered a registered partnership
• Gender-neutral wording in the provision applies equally to same-sex and opposite-sex cohabitants

Cohabiting partner limitations:

• Requires more documentation than a marriage certificate
• Udlændingestyrelsen assesses the length and character of the relationship case by case

Applies to: unmarried same-sex couples who share a household and can document it.

Route 4: EU free movement rules for an EU, EEA or Nordic sponsor

When the sponsoring partner is an EU, EEA or Swiss citizen exercising free movement rights in Denmark, or a Danish citizen returning after exercising treaty rights in another EU country, the case runs through EU-opholdsbekendtgørelsen rather than the national provisions in udlændingeloven. SIRI, not Udlændingestyrelsen, handles these applications.

EU free movement advantages:

• Generally does not carry the national conditions in udlændingelovens § 9, such as the 24-year rule, the economic guarantee and the Danish language test
• Covers both a spouse and a registered partner under the EU family member definition

EU free movement limitations:

• Only available while the sponsor is genuinely exercising free movement rights, not simply holding EU citizenship
• The couple needs to establish that the free movement conditions are met before SIRI will process the case

Applies to: couples where the sponsor is an EU, EEA, Swiss or Nordic citizen using treaty rights in Denmark.

Route 5: Reunification with a partner who holds protection status

When the sponsoring partner has been granted asylum or another form of protection status in Denmark, the application for the same-sex partner still runs through udlændingelovens § 9, stk. 1, nr. 1, but Udlændingestyrelsen applies the practical requirements differently depending on the sponsor's specific status and how long it has been held.

Protection-status sponsor advantages:

• The same statutory provision applies as for other same-sex couples
• The authority takes the sponsor's protection status into account when assessing the case

Protection-status sponsor limitations:

• Practical requirements shift as the sponsor's status is renewed or changes
• Time limits apply in this type of case, and they vary with the sponsor's specific status. Contact a lawyer to clarify which deadlines apply in your case.

Applies to: couples where the sponsor holds asylum or another protection status in Denmark.

How the routes are distinguished

Marital status and the sponsor's basis for residence in Denmark are the two variables that decide everything else: which statutory provision applies, which authority processes the case, and which documents matter most. A couple that changes from cohabiting to married, or a sponsor who starts or stops exercising EU free movement rights, can move into a different route entirely.

Which route applies to you

Start with two questions: is the couple married, in a legacy registered partnership, or cohabiting, and is the sponsoring partner relying on Danish national rules, EU free movement rights, or protection status. Those two answers point to one of the five routes above and to the authority that will handle the case.

Globe Advokater reviews the relationship documentation and the sponsor's status before a case is submitted, and represents both partners through an appeal to Udlændingenævnet if a first-instance decision needs to be challenged.

A refusal from Udlændingestyrelsen can be appealed to Udlændingenævnet. The appeal must be lodged within 8 weeks after the decision has been notified, under udlændingelovens § 46 a, stk. 3.

FAQ

One last thing

The route that surprises most couples is route 4: when a sponsoring partner is an EU, EEA or Nordic citizen genuinely exercising free movement rights in Denmark, the case can bypass the Danish national conditions in udlændingelovens § 9 entirely and run through EU-opholdsbekendtgørelsen instead, with SIRI as the authority. Whether that route is actually available depends on the sponsor's specific circumstances, which is exactly the kind of question that needs an individual assessment rather than a general answer.