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My biologist brother forwards to me a request for help from a Danish colleague,
Bo Dalsgard, whose wife is due to be expelled from Denmark by immigration
authorities, leaving him looking after their brain-damaged baby. (Details
below.) He is looking for help in finding publicity in the UK. Can anyone here help?
Thanks
Allan Sutherland
Marie and I had our baby "Sofie" on the 25th of December. Although the birth
itself went OK, late in the pregnancy our little girl has had a stroke in the
brain, and is as a result brain damaged. It is unknown to what extent this will
affect her future life, but most likely she will be physical (and maybe
cognitive) disabled and it would be naive to think/hope that she will be
"normal". For now, she appear "normal" though, and only the coming months and
years will tell how she develops. Despite this, the family is happy and grateful
to be assembled at home after some weeks at the hospital, and we are coping (I
think) relatively well.
It is, however, uncertain for how long time the family will be able to live
together as a family. The Danish immigration authorities has expelled Marie from
Denmark, and she will be forced to leave Denmark by the 18th of February. This
means that I effectively will be single dad with a two month old newborn, whom
would need to stay in Denmark in order to have her medical treatment to minimize
the effect of her brain damage. I am currently together with our lawyer working
on changing the decision by the Danish immigration authorities.
Mother to brain damaged Danish newborn expelled
We have been rejected family reunification because we lived in a sublet (had
an extremely nice 100m2 flat in one of the attractive areas of Copenhagen).
According to Danish immigration law you are not allowed to live in a sublet.
In our case, we applied to have the accommodation requirements postponed
based on a paragraph in the law stating that a person that ”recently” has
returned to Denmark, after working abroad, can ask for the Immigration
Service to postpone the accommodation requirements, and thereby temporarily
allow us to live in our former sublet. Although Immigration Service informed
us by letter about this rule (stating ”recently returned”) and Marie
verified by phone that we in our situation could apply to have the
accommodation requirements postponed – the Immigration Service went ahead
and rejected our entire application (rather than informing us that they
could not postpone the accommodation requirements). The law firm, the best
in Denmark in immigration law, that helps us has filed a complaint as they
believe the immigration service has done a mistake. However, despite this,
the Immigration Service has so far rejected to look at the case again, even
though we now live in a flat fulfilling all requirements and the terrible
misleading information from Immigration Service (which in Denmark has a duty
to advice people). Hence, unless our complaint make the authorises change
their opinion, Marie will be expelled from Denmark, although: 1) the law
firm believe Immigration Service has done a mistake, 2) we now live in a
flat fulfilled the requirements and otherwise fulfil all requirements, 3)
and our daughter need medical treatment due to her brain damage.
The story is getting big in Denmark, and contacts in Spain and Portugal are
asking for an English version before they can go ahead and get it spread to
their journalist contacts. Also in Finland one person is working on getting
it into the media there. I am confident, at least if brought in the UK, that
it would also get the big governmental party to step in and act if the
"black sheep" of the Danish model is illustrated this clearly (the husband
to our prime minister is from the UK, so think the UK is especially important).
The journalist is very welcome to contact me (Phone: +45 42324553; Email:
[log in to unmask] <mailto:[log in to unmask]>).
Link to Danish newspaper story:
http://politiken.dk/indland/ECE1864114/endnu-en-hoejtuddannet-mor-skal-forlade-danmark/
English translation of that story:
In a bed on the sixth floor of an apartment in Northwest sits a new mother with
her daughter in her arms.
"I had planned it all. I did my best in school and have always received good
grades. My education and my career, I had control over. But nothing could
prepare me for this, "she says, as she cradles the child in his arms.
Marie Sorivelle has been refused an application for family reunification with
her husband, Bo Dalsgaard, and the last to leave Denmark 18th February.
*Met in England*
Marie Sorivelle is 33 years old and was born on the Caribbean island of Dominica.
She has a law degree from Northwestern University in Chicago, USA. Her husband,
Bo Dalsgaard, is a biologist, and they met while he was employed as a researcher
at the University of Cambridge in England.
Together, they just come home to their new apartment after being hospitalized
with their 16-day-old infant, who will be named Sofie.
*From the hospital to the National Registry*
Since politiken.dk <http://politiken.dk/> spoke with Bo Dalsgaard first time, he
was on his way from the hospital to the National Register, and he told
breathless on the phone that their daughter had MRI scan later in the day.
She had had a stroke, and doctors will scan to get an overview of the extent of
damage.
Before the scan would Bo Dalsgaard like to reach to register change from its
large sublet apartment in Frederiksberg to a smaller apartment in the Northwest
that meet housing conditions, so his wife can be reunited and obtain a residence
permit in Denmark.
*ALSO READ* Law Professor: showed Flavia was illegal exemption
<http://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=auto&tl=en&u=http://politiken.dk/indland/ECE1863093/juralektor-udviste-flavia-fik-ulovlig-dispensation/&usg=ALkJrhiK3pZ-b9n_Pd-sn559xsCuIbN85w>
The property must by law be permanent in order to meet the requirement.
So despite the fact that Bo Dalsgaard may show a lease forward on a new home,
which can be taken over when the lease expires, the requirement is not fulfilled.
*Got the wrong information*
After a special rule may seek exposure to the housing requirement, if you have
recently returned from having worked abroad as in Bo Dalsgaard cases.
"That we were told that we would. But when we later got the decision of the
Board, denied they even hear the case because of the fact that our apartment was
only sublet "says Marie Sorivelle.
*ALSO READ* government after Flavia case: We need to look at the rules
<http://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=auto&tl=en&u=http://politiken.dk/politik/ECE1847464/regeringen-efter-flavia-sag-vi-bliver-noedt-til-at-se-paa-reglerne/&usg=ALkJrhiOdxJ2OPo8wqZZCSs8WMKiNdr4bg>
Bo Dalgaard gets a thick stack of papers and shows Immigration Agency
formulation forward.
"The deadline for when to be returned, is described as 'recently' in the letter.
But when we got the rejection, it turned out to be a fixed period of one month.
They could have told us, both in letter and when Marie called and asked if we in
our situation could request a deferral of housing requirement, "he said.
The couple were sure that the information they had received, could get exposure,
so they had more time to find a home that meets the requirement.
"I feel that the misstatement has lured us to apply for postponement of the
housing requirement that they oppose this very reason," said Bo Dalsgaard.
By law you can only get exposure if you are looking for within a month after you
have returned from abroad.
*Koster mated 25,000 in double rent*
Bo Dalsgaard has signed a lease on the sublet apartment, which can not easily be
terminated.
Only because the landlord took pity on the couple, they let out of the contract.
"It has cost us 25,000 dollars in double rent and put us in a very difficult
economic situation," said Bo Dalsgaard, who works at the University of Copenhagen.
When the couple was refused, called Bo Dalsgaard immediately to the Immigration
Service to ask if they could in any way be allowed to have 14 days to find a new
home.
"A named employee said the agency had no reason to look at the matter again when
it was decided, and that the only option for us was to complain to the Ministry
of Justice. I found myself up to the network that the information was incorrect,
"said Bo Dalsgaard.
He called the agency again and now had a new guide:
"Another employee verified that you can ask the Immigration Service to open the
case again, if you have new information '.
*Has hired a lawyer and complained to the Board*
The couple complained to the Immigration Board, requested the Board to reopen
the case and has hired a lawyer to help them.
"We realized that we needed professional help. We think we have got different
instructions depending on who picked up the phone on Immigration, "said Bo
Dalgaard.
*ALSO READ* His wife is thrown out of Denmark: "It determines's not even who you
fall in love '
<http://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.com&sl=auto&tl=en&u=http://politiken.dk/indland/ECE1845810/hans-kone-bliver-smidt-ud-af-danmark-man-bestemmer-jo-ikke-selv-hvem-man-bliver-forelsket-i/&usg=ALkJrhgl7FAWNB2nlCCa0oQ2LYgOvusvBg>
He will eventually be forced to leave Denmark, unless the Board takes action or
the Board will resume proceedings.
However, thinking the couple most of their daughter, which will be for
outpatient studies at the University Hospital. []
<http://multimedia.pol.dk/archive/00714/Case-portr_t_714499a.jpg><http://multimedia.pol.dk/archive/00714/Case-portr_t_714499a.jpg>Uncertain.
Sorivelle Marie and her daughter standing in front of the window in their new
room in their new apartment in the Northwest. PHOTO: SIMON FALS
"It would be quite confusing if we are to leave Denmark now. I also have my
family here and my job. And I also thought that Denmark would like to attract
and retain highly skilled foreigners, says Bo Dalsgaard.
Marie Sorivelle have the equivalent of a master's degree in law, and Bo Dalgaard
itself has a PhD from the University of Aarhus.
After they moved to the new apartment, said their lawyer that they meet the
conditions for family reunification.
*The couple can now search again*
Immigration wrote in an email to politiken.dk <http://politiken.dk/> that the
couple did not meet the residence requirement, as stated in the law, due to
sublease the property.
"In this case, the applicant has not submitted his request in close connection
with its entry, and it is therefore not possible to use the special rules on
deferred documentation for compliance with the housing requirement," writes Head
Bente Herbst Bendiksen from the Danish Immigration Service.
Agency does not address a question from politiken.dk <http://politiken.dk/>, it
is possible that the Agency has given the couple wrong information. Agency
points out, however, that the couple is likely to be able to search again.
»Immigration Board will make the final decision. The couple can, as soon as they
have their own home, searching for family reunification again, "writes Eleanor
Herbst Bendiksen.
*The law says you can not look back from Denmark*
Peter Starup, Associate Professor of Law at the University of Southern Denmark
indicates that the Danish Immigration Service must say that she may seek from
abroad.
"The law clearly states that you can not submit a new application when you have
set a departure date. It can not be excluded that she still allowed to submit
applications and stay in Denmark, "he said.
"We have already seen that the rules bent in connection with cases that have
media interest. However, it would be more constructive if the Board could refer
to a specific legal basis'.
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