Suspended does not mean withdrawn

Updated information for Syrian refugees in Denmark after extensions of §7.3 have been put on hold

Since the fall of Assad, the Syrians living here have been nervous about losing their residence permits. We wrote a Q&A article already on 9 December, and on January 23, Khaled Ksibe together with us posted a video in Danish and Arabic on YouTube, which was viewed by more than 10,000 in less than a week. That reassured many Syrians.

But then the Immigration Service put up an information page on nyidanmark.dk on 27 January and sent out letters via e-Boks to everyone who was waiting for an extension of their asylum stay under §7 subsection 3 that their cases have now been put on hold. See the letter at the end of this article. The Danish Immigration Service's wording is unclear, to say the least, and lots of important matters are not mentioned at all in their texts.
 
We still receive an incredible number of inquiries in Refugees Welcome from worried Syrians. Therefore, we would like to contribute to explaining the current situation. Contact us if you do not get answers to your questions in the articles or the video.

Suspension is not withdrawal

To suspend means to pause, i.e. do nothing in the matter. Authorities do this because they want to wait and see how things develop in Syria. There is therefore still the possibility that you will be allowed to stay in Denmark, also for other reasons. And while the asylum case is at rest, you can safely continue to go to school or work. However, the consequence is that you do not get a new residence card or foreigner's passport, and this can make it hard to look for a new job or to travel.

Influence on other cases

The suspension may have implications for other cases which are under consideration: permanent residence or family reunification. While your own residence permit has expired and been put on hold, you cannot get a permit in the two types of cases mentioned. But if/when you get your residence permit back, the case processing will resume as before.
 
A period during which the extension of the asylum case has been put on hold does not mean that the period of stay must be counted from the beginning in relation to permanent residence but still counts as legal residence. You can also submit a new application while the asylum case is still on hold, but you will not receive a decision until the residence permit is extended again.
 
Please note that you must still actively apply for extension for people who are family reunified – even if the main person has had their case put on hold.

No plans to suspend §7.1 cases

The authorities have no plans to put extensions of §7.1 cases on hold for the time being, and applications for family reunification and permanent residence continue as normal for those who have asylum under §7.1.
 
International law means that there is a big difference between withdrawing a residence permit under §7.3 and under §7.1. The latter is protected by the UN Refugee Convention, and can only be revoked if there are "fundamental and durable" improvements in the home country. And this applies not only in relation to the asylum motive (military service) but in the country as a whole. The burden of proof rests on Denmark to prove that there is no risk in sending a refugee back. It will probably be a long time before the authorities start looking at §7.1 cases.
 
Almost everyone who has been granted asylum under §7.2 has received it for individual reasons, and they are not being put on hold now. But a few have been awarded §7.2 due to general conditions – it will only be people who came before 2015, when §7.3 was introduced. They are put on hold now just like §7.3-cases.

Suspension is only the first step in a long process

The cases will be put on hold until there are reliable and thorough reports describing the new situation in Syria and the risk to different groups in different parts of the country. At that time, all the people who have had their case put on hold will be summoned to an interview with the Immigration Service in Sandholm.
 
You will receive a form before the interview, which you must fill in and take with you. It is focused on how much attachment you have to family members and to Denmark. Children and spouses count most, and then work, language, education and Danish network. A Syrian who has been here for 10 years, has had work most of the time and speaks Danish, will normally be granted residence due to affiliation. If you came as a child and have attended a Danish school for several years, a stay of 7-8 years is usually sufficient. Before turning up for the interview, it is a good idea to have a talk with us in Refugees Welcome or with DRC Danish Refugee Council, so that you are well prepared.
 
If you are unlucky enough to be refused, the case proceeds to the Refugee Appeals Board, which makes the final decision. Many cases are reversed, so don't give up. You have the right to choose a lawyer to represent you. Refugees Welcome is happy to recommend good lawyers.

Strong attachment will mean continued residency for almost everyone

Unfortunately, the Danish Immigration Service does not write anything about affiliation in the recent letters or on the website, but lawyers and jurists who are experts in immigration law agree that the vast majority of Syrian refugees in Denmark have achieved sufficient affiliation to give them the right to maintain their residence as a result of The European Convention on Human Rights, regardless of what Danish politicians may wish for. The ones with the weakest attachment will be elderly people who have not managed to learn the language and get a job.

Repatriation can always be a last resort

You can apply for repatriation at any stage of the process, so there is no need to make the big decision now. Wait and see how things develop. Read more here.

Good advice, the short version:

• Continue your life in Denmark as before, strengthen your affiliation.
• Seek advice if something new happens in your own case.
• Do not make hasty decisions, wait and see how things go.

The letter that was sent via e-Boks