General information about the rules in force. Not legal advice. Last updated 10 October 2026.
Unmarried partners seeking family reunification in Denmark in 2026 have three separate legal routes open to them, not one general partner visa: reunification as a cohabiting partner under Danish rules, EU residence as a durable partner of an EU or EEA citizen, or marriage before applying, so that the couple is assessed as spouses. The routes differ in legal basis, deciding authority and evidence standard.
- Family reunification for an unmarried cohabiting partner in Denmark runs through udlændingelovens § 9, stk. 1, nr. 1, the same provision that covers spouses, not a separate partner visa.
- EU residence as a durable partner goes through SIRI under udlændingelovens § 6, a different route from Danish family reunification.
- Marriage before applying keeps the case under § 9, stk. 1, nr. 1, but the couple is assessed as spouses instead of as cohabiting partners.
- Refusals on any of the three routes are appealed to Udlændingenævnet, never to Familieretshuset or Ankestyrelsen.
Why this matters
Denmark does not issue a single unmarried-partner visa. The same provision, udlændingelovens § 9, stk. 1, nr. 1, covers both spouses and unmarried partners in a fast samlivsforhold af længere varighed - a stable cohabiting relationship of some duration - and the law treats EU free movement partners under an entirely different framework administered by SIRI. Globe Advokater advises on family reunification cases across all three routes, and the choice of route changes which authority decides the case, what evidence is expected, and where an appeal goes if it is refused.
Getting the route wrong is not a paperwork problem - it is a different legal basis entirely, assessed under a different provision by a different authority.
What decides which route applies to an unmarried partner
- Which authority handles the first decision: Udlændingestyrelsen for Danish national rules, SIRI for EU free movement cases
- What kind of relationship evidence is required: documented cohabitation history versus EU free movement documentation
- The nationality and immigration status of the Denmark-based partner
- Whether the Denmark-based partner has personally exercised free movement rights in another EU or EEA country
- What happens if the case is refused, and which body hears the appeal
- Whether marrying before applying changes the applicable provision
Routes at a glance
| Route | Typically relevant for | Governing authority | Key requirement | Key limitation |
|---|---|---|---|---|
| Cohabiting partner (samlevende) reunification | Couples with an existing shared home and a documented history together | Udlændingestyrelsen, appeal to Udlændingenævnet | Documented cohabitation at a shared address, as a starting point for at least about 1 year and 6 months, under udlændingelovens § 9, stk. 1, nr. 1 | Requires proof of a shared household reaching back before the application is filed |
| EU residence as a durable partner | Partners of an EU or EEA citizen exercising free movement rights in Denmark | SIRI | A durable relationship with a partner covered by EU free movement rules, udlændingelovens § 6 | Does not apply where the Denmark-based partner is Danish and has not exercised free movement rights elsewhere in the EU |
| Marriage before applying | Couples willing to marry to access the spousal provision | Udlændingestyrelsen, appeal to Udlændingenævnet | A marriage that can be recognised under Danish rules plus the general conditions in udlændingelovens § 9, stk. 1, nr. 1 | Does not remove the other conditions for spouses, and adds marriage as a formal step |
| Appeal after refusal | Couples responding to a refusal on any of the above routes | Udlændingenævnet | A refusal decision issued by Udlændingestyrelsen or SIRI | The appeal must be lodged within 8 weeks of receiving the decision |
1. Cohabiting partner reunification - for couples with a documented shared history
This route sits in udlændingelovens § 9, stk. 1, nr. 1, which covers both spouses and cohabiting partners. Litra a to e of that provision concern the status of the partner in Denmark, for example Danish or Nordic citizenship, refugee status or permanent residence held for more than the last 3 years. It applies to couples who already share a home and can document the relationship over time, rather than couples who intend to move in together after arrival. As a starting point, the couple must have lived together at a shared address for at least about 1 year and 6 months, and both partners must normally be at least 24 years old.
Cohabiting partner reunification pros:
- Does not require marriage as a precondition
- Covers relationships already established outside Denmark, provided they are documented
- Decided by Udlændingestyrelsen using the same general framework as spousal cases
Cohabiting partner reunification cons:
- Demands more historical documentation than a marriage certificate provides on its own
- Assessment of what counts as sufficient cohabitation history is made case by case
- Not available where the couple has never actually shared a household
Typically relevant for: couples who have lived together for an extended period and can evidence it with tenancy agreements, shared addresses, or similar records.
2. EU residence as a durable partner - for partners of an EU or EEA citizen using free movement rights
This route runs entirely outside Danish national family reunification rules. It is grounded in udlændingelovens § 6 and EU free movement rights, and SIRI - not Udlændingestyrelsen - decides the case.
EU residence as a durable partner pros:
- Available to durable partners even without marriage
- Sits under EU rules rather than the Danish national rules in § 9
- Handled by SIRI, the authority also responsible for work and study permits
EU residence as a durable partner cons:
- Only applies where the Denmark-based partner is genuinely exercising EU free movement rights
- Does not apply where the Denmark-based partner is a Danish citizen who has not lived or worked in another EU or EEA country
- "Durable relationship" is assessed by SIRI and is a distinct standard from the Danish cohabitation requirement
Typically relevant for: couples where the Denmark-based partner is an EU or EEA national, or a Danish citizen who has previously exercised free movement rights elsewhere in the EU.
3. Marriage before applying - for couples willing to change the legal basis of the case
Marrying before applying keeps the case under udlændingelovens § 9, stk. 1, nr. 1, but the couple is then assessed as spouses rather than as cohabiting partners, so the cohabitation period does not have to be documented. The marriage must be one that can be recognised under Danish rules.
Marriage before applying pros:
- Replaces the need to reconstruct a cohabitation history with a marriage certificate
- Puts the case under the same authority, Udlændingestyrelsen, with appeal to Udlændingenævnet
- Available regardless of how long the couple has lived together
Marriage before applying cons:
- Marriage is a formal legal step, not a shortcut around the general conditions for spousal reunification
- Does not retroactively satisfy any EU free movement requirement if that route was the relevant one
Typically relevant for: couples who are already planning to marry and want the case assessed under the spousal provision rather than reconstructing a cohabitation history.
4. Appeal to Udlændingenævnet - for couples responding to a refusal
A refusal from Udlændingestyrelsen or SIRI on any of the three routes above is appealed to Udlændingenævnet, the appeals body for family reunification, permanent residence, work and study permits, and visa cases.
Appeal to Udlændingenævnet pros:
- A single, correctly named appeals body for all three routes above
- Separate from Familieretshuset, which handles Danish family law matters, and from Flygtningenævnet, which handles asylum appeals only
Appeal to Udlændingenævnet cons:
- The appeal must be lodged within 8 weeks of receiving the decision, under udlændingelovens § 46 a, stk. 3, and a fee normally applies
- An appeal does not change the underlying evidence standard set by § 9 or § 6
Typically relevant for: couples who have already received a refusal and need to know which body reviews it.
How these routes differ
The three routes are organised around who decides the case and what the relationship has to prove. Udlændingestyrelsen and Udlændingenævnet cover the two Danish national routes in § 9, stk. 1, nr. 1 - one for spouses, one for cohabiting partners. SIRI covers the EU route in § 6, which depends on free movement rights rather than cohabitation history. None of the three routes overlaps with Familieretshuset, which handles separation, custody, and other Danish family law matters, or with Flygtningenævnet, which only hears asylum appeals.
"The route that applies depends on documented facts about the relationship and the partners' nationalities, not on which option sounds simpler."
Which route applies to a given relationship
The cohabiting-partner route under § 9, stk. 1, nr. 1 applies where the couple already shares a home and can document that history. The EU route via SIRI applies where the Denmark-based partner is exercising free movement rights as an EU or EEA national. Marriage means the case is assessed under the rules for spouses, regardless of cohabitation history. Individual cases turn on documentation and status that a general article cannot assess - that assessment is made by contacting a lawyer directly.
Discuss a family reunification case
Globe Advokater advises on all three reunification routes for unmarried partners.
FAQ
What is family reunification for an unmarried partner in Denmark called under Danish law?
Danish law treats it as reunification with a fast samlever - a partner in a stable cohabiting relationship - under udlændingelovens § 9, stk. 1, nr. 1, the same provision that covers spouses. This route requires documentation of an existing shared household, not plans to move in together in future.
Is the unmarried partner route the same as the EU residence route?
No, the two run through different authorities. The Danish cohabitation route under § 9 is decided by Udlændingestyrelsen, while EU residence as a durable partner under udlændingelovens § 6 is decided by SIRI.
Does marrying change which rules apply?
Yes. The case stays under udlændingelovens § 9, stk. 1, nr. 1, but the couple is assessed as spouses, so the cohabitation period that applies to unmarried partners does not have to be documented.
Which authority decides an appeal against a refused family reunification application?
Appeals in family reunification cases go to Udlændingenævnet, not to Udlændingestyrelsen or Familieretshuset, which handle different categories of cases entirely.
Can a Danish citizen's unmarried partner use the EU free movement route?
Only if the Danish citizen has personally exercised free movement rights in another EU or EEA country before returning to Denmark. Otherwise the case falls under the Danish national rules in udlændingelovens § 9, not the EU route via SIRI.
Are there deadlines for appealing a refusal in these cases?
Deadlines apply in this type of case. Contact a lawyer to find out which deadlines apply in your case.
Does living together outside Denmark count toward the cohabitation requirement?
Cohabitation abroad can count toward the requirement under udlændingelovens § 9, stk. 1, nr. 1, provided it is documented, though the assessment is made case by case by Udlændingestyrelsen.
Can an unmarried partner apply for family reunification while already in Denmark?
Whether an application can be submitted from inside Denmark depends on the applicant's current legal basis for staying in the country, and that is assessed individually rather than under one general rule.
One last thing
Spouses and cohabiting partners are covered by the same rule, udlændingelovens § 9, stk. 1, nr. 1, yet Udlændingestyrelsen assesses the evidence differently for each. A marriage certificate replaces the need to reconstruct years of shared addresses and joint accounts that the cohabitation route otherwise requires. Couples deciding between the two routes in 2026 are, in practical terms, choosing between one document and a full evidence file.
This article is general information about the rules and practice in force. It is not legal advice, it does not assess your specific case, and reading it does not create a client relationship.
Rules, deadlines and the practice of the authorities change. We accept no liability for errors or for changes after the update date. Always check the information with the relevant authority or contact a lawyer before you act.
If you have a specific case, you are welcome to contact Globe Advokater for an assessment.
Last updated 10 October 2026.
