Spouse without marriage in Denmark

Question

I am an EU citizen working in Denmark and my boyfriend is also an EU citizen, studying (not working) in Denmark. We are not married, but live together.

I recently came across this article and I am wondering whether my partner is eligible for SU.

Is sharing an address considered enough proof that we are a couple? For example, here it is stated that "‘spouse’ is used as an umbrella term for both spouse and cohabiting partner." If not, is a marriage certificate the only option or is there another legal document we could obtain?

Answer 1

Denmark has a State Educational Grant and Loan Scheme (SU). It provides funds to Danish citizens for post-secondary education.

Denmark further has a scheme that allows non-citizens with certain qualifications to apply to be treated as if they are citizens and qualify for SU.

In this case, you are interested in rights that an EU citizen or relative/spouse of EU citizen can claim.

If someone is an EU/EEA or Swiss citizen, he or she has to have lived in Denmark for 5 years or have been working in Denmark.

If someone is related to an EU/EEA or Swiss citizen, there are other qualifications:

• You are the child of an EU/EEA citizen
• You are married to an EU/EEA citizen
• You have been a resident of Denmark for five years
• You are the parent of an EU/EEA citizen

To apply, you must have a civil registration number. You apply plus fill out a separate form for foreigners. That, along with any requested documentation is turned into your educational facility. The authorities will check the national register, tax records, immigration records, etc.

If you receive any educational support from your country of citizenship, you are not eligible for SU.

I can't find the statement again, but it did state that your "spouse" must have be exercising their right of free movement when they moved to Denmark.

I'm having more difficulty finding information on what constitutes a partner. On this page, which is really about family reunification, there is this statement:

• If you and your partner are not legally married, your relationship must be of a permanent and lasting nature. Normally, you must be able to document that you have lived with your partner for at least 18 months at a shared address.

There are many more restrictions if entering under family reunification (pass a Danish test within 6 months, sponsor must post a bond, etc.). There is also a requirement that both people are over 24 years of age.

Minimum I would make an enquiry to the SU agency on whether your partnership needs to be officially registered, does the 18 month clock start then, do you need to file taxes as partners, etc.