Residence and information duty

If you are subject to a residence duty

The requirement to reside at a return centre means you must be accommodated at the return centre and as a general rule, stay overnight at the centre every night.

The residence duty has a twofold purpose. First, it ensures that the authorities know where you are staying so you can be returned as soon as possible. Second, your obligation to leave the country is made explicit. The Danish Return Agency monitors your compliance with the obligation. If you do not comply with your residence duty, you may be punished.

You may apply for permission to stay away from the centre overnight. You will only be granted permission to stay away from the centre overnight for a certain period if there is a special reason. This could be your need for medical treatment, serious illness in your immediate family, or a visit to immediate family or friends.

You should submit your application to the staff of the return centre where you are living. The staff forward your application to the Danish Return Agency, which then makes a decision.

You can find the application form at the immigration authorities’ website, www.nyidanmark.dk

Who can be made subject to a residence duty? 

You may be required to reside at a return centre if:

• You have received a final refusal of asylum and are not cooperating on your departure arrangements.
• You have been expelled by judgment.
• You have exceptional leave to remain.
• Your residence permit has been terminated under section 21(b)(1) of the Danish Aliens Act.
• You have been expelled by an administrative decision under section 25 of the Danish Aliens Act.

If you are subject to an information duty

An information duty means you must inform the return centre when you spend the period between 23:00 and 06:00 away from the centre. This implicitly means notifying the centre before you leave. If you are already staying away from the accommodation facility, you must inform the centre before 23:00.The purpose of the information duty is to remind you of your residence duty.The Danish Return Agency regularly monitors your compliance with the information duty. If you do not comply with your information duty, you may be punished.

Who can be made subject to an information duty? 

If you are subject to a residence duty, in some cases you may also be made subject to an information duty if:

• You have been expelled by judgment.
• You have exceptional leave to remain.
• Your residence permit has been terminated under section 21(b)(1) of the Danish Aliens Act.
• You have been expelled by an administrative decision under section 25 of the Danish Aliens Act.

How do you meet your information duty?

If you are subject to an information duty, you must notify the return centre before leaving if you plan to stay away from the centre after 23:00 the same day. You should also notify the centre if you are already away from the centre and will not be returning before 23:00 the same day. A notification can apply only to the upcoming night or only to the period of time during the night that you will be away from the centre. Consequently, notifying the centre of your intention to stay away from the return centre for a longer period of several days does not constitute compliance with the information duty imposed for the period after the first night. You must personally submit the notification. Someone else cannot thus submit a notification on your behalf.

You can notify the centre in three ways:

• Physically
• By telephone
• Electronically

You can physically notify the return centre staff in person. You can notify the return centre by telephone by calling (+45) 65 99 77 99 and entering the information required. You can notify the return centre electronically via the immigration authorities’ website www.nyidanmark.dk.

You will find the electronic notification form here

Special considerations if you have exceptional leave to remain

Residence, reporting and information duties are indefinite and therefore apply until cancelled.

These duties interfere in your rights and as such the interference must be proportional. This condition must be continuously met.

Therefore, the Danish Return Agency must reassess the obligations imposed on you as a minimum every six months.

Your cash benefits may be withdrawn

If you do not cooperate on your own departure, you may have your cash benefits withdrawn if:

• You have received a final refusal of asylum.
• You have been expelled by a final judgment and have received a final refusal of asylum.
• Your residence permit has been terminated under section 21(b)(1) of the Danish Aliens Act.
• You have expelled by an administrative decision under section 25 of the Danish Aliens Act.

If you have exceptional leave to remain, as a general rule, you will continue to be able to qualify for supplementary benefits while living at the return centre.