If you are a child, who comes to Denmark alone and seeks asylum, you are called an unaccompanied minor asylum seeker. Here you will find information about the special rights of unaccompanied minor asylum seekers.
When a child under 18 years of age arrives alone in Denmark without parents or other family and applies for asylum, he or she is called an unaccompanied minor asylum seeker. As a minor, you have special rights, among other things because you are protected by the Convention on the Rights of the Child.
If you wish to be reunited with your family, you can initiate a search through the Danish Red Cross.
In principle, the same rules apply to unaccompanied minor asylum seekers as to adults. Unaccompanied minor asylum seekers must therefore fulfil the same conditions as adult asylum seekers in order to be granted a residence permit as refugees in Denmark.
However, the Danish authorities have special guidelines for the examination of asylum cases for unaccompanied minor asylum seekers:
As an unaccompanied minor asylum seeker, you will have a personal representative appointed to look after your interests and provide support during the asylum procedure, for example by attending all meetings with the authorities.
If the Immigration Service decides that the asylum case should be processed under the manifestly unfounded procedure, unaccompanied minors automatically receive free legal assistance.
If the Immigration Service considers that you are not sufficiently mature, you may in some cases still be granted a residence permit without your asylum application being processed.
As an unaccompanied minor asylum seeker, you can obtain a residence permit as a refugee in Denmark based on the same provisions as for adult asylum seekers. In addition, unaccompanied minor asylum seekers have the possibility of obtaining some special residence permits. This follows from section 9c(3) of the Aliens Act.
Residence permits under section 9c(3)(3) of the Aliens Act are temporary and can only be extended until you reach the age of 18.
According to section 9(c)(3)(1) of the Danish Aliens Act, you can only be granted a residence permit on the grounds of lack of maturity until the Danish authorities assess that you are mature enough to go through the asylum procedure.
If you are immature, but the Danish authorities assess that you have a network in your home country, you will not be returned, but instead continue to be accommodated in an asylum center for unaccompanied minor asylum seekers.
Once you have reached maturity, the asylum procedure will be re-launched.
If your application for asylum is rejected, you will not be returned from Denmark as long as you are a minor.
You may be granted a special residence permit under section 9(c)(3)(2) of the Danish Aliens Act if the immigration authorities assess that you have no network in your home country and would therefore be in a serious emergency situation upon return.
As an unaccompanied minor asylum seeker with a residence permit under section 9(c)(3)(2) of the Danish Aliens Act, it is important that you apply for a residence permit on special grounds (section 9(c)(1) of the Danish Aliens Act) before you reach the age of 18. The immigration authorities will only assess an application for a residence permit on special grounds if it is submitted before your turn 18 years.
DRC provides legal counselling to unaccompanied minor asylum seekers, and if you have a residence permit and will soon turn 18 years, we also offer counselling. It is a good idea to contact us a few months before you turn 18 years.
As an unaccompanied minor asylum seeker, you can be granted a residence permit on special grounds (section 9(c)(1) of the Danish Aliens Act) if you have previously had a residence permit (e.g. under section 9(c)(3)(2) of the Danish Aliens Act) and if there are special reasons that could justify it, e.g. if your connection to Denmark is stronger than to your home country and if you need special support under the Social Services Act in order to be able to function physically and mentally.
A residence permit under section 9 c (1) of the Aliens Act may also be granted if there are other special reasons to justify it, e.g. including the consideration for family unity and, if the child is under 18 years of age, consideration for the best interests of the child.
Applications for residence permits under section 9(c)(1) of the Danish Aliens Act are processed by the Danish Immigration Service.
