On April 30, 2025, the Ministry of Immigration and Integration published an amendment to the ‘Executive Order on the Granting of Residence and Work Permits to Students’ (the Executive Order on study programs). On December 1, 2025, The Danish Agency for International Recruitment and Integration (SIRI) clarified how the amendment means that accompanying family of third-country students in non-state-approved higher educational programs are no longer eligible for residence permits.
The changes came into effect on May 2, 2025 and only apply to those who applied for a residence permit on or after that date.
Students in non-state-approved higher educational programs who applied for a residence permit before May 2, 2025 are not covered by the new rules and will therefore be entitled to work and to a job seeking permit. These students can get a residence permit in Denmark for their minor children, even if the children have applied on or after May 2, 2025.
Spouses, cohabiting partners and registered partners who have applied for a residence permit as accompanying family members of a student in a non-state-approved higher educational program before May 2, 2025 are also not covered by the new rules and will therefore also be able to get a residence permit as accompanying family members of the student.
Spouses, cohabiting partners and registered partners who apply for a residence permit as accompanying family members of a student in a non-state-approved higher educational program on or after May 2, 2025 are covered by the new rules and will therefore not be able to get a residence permit as accompanying family members of the student.
This means:
- The spouse, cohabiting partner or registered partner of a student in a non-state-approved higher educational program in Denmark who applied for a residence permit before May 2, 2025 will still be able to get a residence permit as an accompanying family member of the student.
- The spouse, cohabiting partner or registered partner of a student in a non-state-approved higher educational program in Denmark who applies for a residence permit on or after May 2, 2025 will not be able to get a residence permit as an accompanying family member of the student.
- A minor child of a student in a non-state-approved higher educational program in Denmark who applied for a residence permit before May 2, 2025 will still be able to get a residence permit as an accompanying family member of the student.
- A child of a student in a non-state-approved higher educational program in Denmark who applied for a residence permit on or after May 2, 2025 will not be able to get a residence permit as an accompanying family member of the student.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.