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Aarhus Retshjælp
Aarhus C, Denmark

Founded in 1935
50 people in their team
Danish
English
Our history"Year 1935 on 5 September at 4 Eftm. was held at District Attorney Kier's office in Aarhus Meeting of the following: Professor Christen Møller, who represented the Student Association's Legal Aid faction, Chief District Attorney Wilde, who appeared for the Legal Association in Aarhus...
Advokatkompagniet A/S
Aarhus C, Denmark

Founded in 2000
50 people in their team
Danish
English
Advokatkompagniet A/S is one of the leading firms in the field of immigration law and offers specialist advice in the following areas:AsylumFamily reunificationWork permitsVisa mattersWithdrawal of residence permitsDeportation proceedingsPermanent residence permitsCitizenshipResidence permits...
AS SEEN ON

What immigration and expulsion proceedings involve in Aarhus C

In Aarhus C, removal cases usually involve the Danish Aliens Act, decisions by immigration authorities, and practical enforcement by the police. The correct procedure depends on whether the issue concerns asylum, an expired residence permit, unlawful stay, criminal conviction, or an EU residence right.

A person may receive a departure deadline, an expulsion order, a re-entry ban, or detention pending removal. The Immigration Service, the Immigration Appeals Board, the Refugee Appeals Board, and the courts have different roles. Aarhus City Court may become relevant in criminal cases, while East Jutland Police can handle enforcement in the Aarhus area.

A lawyer can review the decision, identify appeal rights, prepare evidence, and request suspension of removal where the law permits. Urgent action matters because an appeal does not always automatically stop removal.

When you may need a lawyer in Aarhus C

  • You have received an expulsion or removal decision. A lawyer can check the legal basis, the deadline, the re-entry ban, and whether family life or other personal circumstances were properly assessed.
  • Your residence permit has been refused, revoked, or not extended. This may affect work, study, family reunification, and lawful residence in Aarhus. The available appeal route depends on the type of permit and decision.
  • You are facing expulsion after a criminal conviction. Danish courts assess expulsion in criminal proceedings, often alongside imprisonment or another sentence. Nationality, residence history, family ties, and the seriousness of the offence can be important.
  • You have claimed asylum or fear return. Evidence about persecution, torture, armed conflict, or personal risk may affect protection. A lawyer can help present the account consistently before the asylum authorities and appeal bodies.
  • You are an EU or EEA national, or a family member of one. Free movement rights are assessed differently from ordinary residence permits. Expulsion requires an individual assessment and must meet applicable EU-law standards.
  • You are detained or risk being detained. Detention for identification, flight risk, or preparation for removal has procedural safeguards. A lawyer can challenge detention, seek release, and address less restrictive alternatives.

Key Danish laws and rules

The Danish Aliens Act (Udlændingeloven) is the principal statute. It regulates entry, residence permits, asylum, expulsion, detention, departure deadlines, re-entry bans, and removal. Its current text is amended frequently, so the version applying on the decision date should be checked carefully.

The Danish Constitution (Danmarks Riges Grundlov), section 71 protects personal liberty and provides safeguards concerning detention and judicial review. It can be relevant when immigration authorities or police detain a person pending removal.

The European Convention on Human Rights has applied to Denmark since Denmark ratified it in 1953 and was incorporated into Danish law by the Incorporation Act of 29 April 1992. Articles 3 and 8 are often important in removal cases involving serious ill-treatment risks, family life, or private life.

EU free movement cases may also involve Directive 2004/38/EC, implemented through Danish rules on EU residence. Those rules require an individual assessment before expulsion of a person exercising free movement rights.

Frequently asked questions

Is a lawyer required in a Danish removal case?

A lawyer is not required in every immigration matter. However, legal representation is particularly valuable where removal, detention, criminal expulsion, asylum, or a re-entry ban is involved. Missing a deadline or using the wrong appeal route can seriously limit available remedies.

Who decides whether a person must leave Denmark?

The responsible authority depends on the case. The Danish Immigration Service handles many residence, asylum, and administrative expulsion matters, while the courts decide expulsion connected with criminal proceedings. The Immigration Appeals Board or Refugee Appeals Board may decide appeals within their respective jurisdictions.

Can an appeal stop removal from Denmark?

Sometimes, but not automatically in every case. The decision or applicable legislation determines whether an appeal has suspensive effect. A lawyer may need to request that removal is suspended while an appeal or reopening request is considered.

How quickly should someone contact a lawyer after receiving a decision?

Contact should normally be made immediately, preferably within one or two working days. Immigration decisions often contain short appeal or departure deadlines. A lawyer can first preserve the deadline and then obtain the complete case file.

Can family life in Aarhus prevent expulsion?

Family life can be relevant under the Danish Aliens Act and Article 8 of the European Convention on Human Rights. It does not create an automatic right to remain. Authorities usually weigh the relationship, residence history, dependency, children, criminal conduct, and the public interest in removal.

What happens if a person is detained before removal?

Detention may be used in circumstances such as an alleged flight risk, uncertainty about identity, or practical preparation for removal. The person should receive information about the basis for detention and access to judicial safeguards. A lawyer can seek release or argue for alternatives such as reporting obligations.

Can a criminal conviction lead to expulsion even after many years in Denmark?

Yes, depending on the offence, sentence, residence status, nationality, and personal circumstances. Danish courts must apply the relevant statutory and human-rights tests. Long residence and strong family ties may be important, but they do not automatically prevent expulsion.

Do EU citizens have stronger protection against expulsion?

EU citizens and qualifying family members may benefit from free movement protections if they have exercised EU residence rights. Expulsion must generally be based on the person’s individual conduct and a genuine, present, and sufficiently serious threat to a fundamental societal interest. The assessment differs from that for a person without EU-law residence rights.

How much does a removal lawyer cost in Aarhus?

Fees depend on urgency, documents, hearings, detention, and whether the matter is administrative or criminal. Ask for a written fee estimate explaining hourly rates, expected work, VAT, and possible disbursements. Public payment or appointed counsel may be available in some asylum, criminal, or court proceedings, but eligibility is case-specific.

Can legal aid pay for an immigration lawyer?

Legal aid is not automatic for every residence or removal dispute. Some proceedings provide publicly funded representation, while ordinary administrative cases may require private payment or limited legal-aid schemes. The lawyer should confirm funding before substantial work begins.

What evidence is useful in a removal or expulsion case?

Useful evidence may include the decision, passport and residence documents, criminal records, medical records, employment history, school records, and proof of family relationships. Country-of-origin evidence and documents showing risk on return can be important in protection cases. Foreign-language documents may need reliable translations.

Can a removal decision be reopened after an appeal?

In some circumstances, a case may be reopened because of new facts, significant new evidence, procedural errors, or a changed risk. The applicable authority and threshold depend on the type of case. A new application does not necessarily suspend an existing removal obligation.

Official resources for cases in Aarhus

  • The Danish Immigration Service (Udlændingestyrelsen): handles many matters concerning residence permits, asylum, administrative expulsion, and departure obligations. Its decision will normally identify the available appeal route and deadline.
  • The Immigration Appeals Board (Udlændingenævnet): decides specified appeals concerning residence and expulsion matters. It is separate from the Immigration Service and applies the rules governing its particular jurisdiction.
  • East Jutland Police (Østjyllands Politi): covers Aarhus and can be involved in identity checks, reporting requirements, detention, and enforcement of removal decisions. Police involvement does not replace the right to challenge an underlying decision through the correct legal route.

Steps to find and hire the right lawyer

  1. Secure every document immediately. Keep the decision, envelope or digital notification, passport, residence card, police papers, and any detention documents together. Record the stated appeal, departure, or reporting deadline on the same day.
  2. Identify the procedure before contacting firms. Determine whether the matter concerns asylum, administrative expulsion, criminal expulsion, an expired permit, EU residence, detention, or removal enforcement. Different lawyers and appeal bodies handle different procedures.
  3. Contact two or three lawyers promptly. Search for Danish immigration, asylum, expulsion, and criminal defence experience in Aarhus or nearby East Jutland. Ask whether the lawyer regularly handles the specific authority or court involved.
  4. Request an urgent conflict and deadline check. Provide the decision and deadline securely, without relying on a general telephone description. The lawyer should confirm whether representation can begin immediately and whether removal must be stayed.
  5. Ask for a written scope and fee estimate. Confirm what the fee covers, including file review, submissions, hearings, interpretation, travel, VAT, and possible appeals. Ask separately whether appointed counsel, public funding, or legal aid may apply.
  6. Prepare a factual evidence file within the first week. Include identity documents, family and residence evidence, medical material, employment or study records, and information relevant to risk on return. Do not alter documents or provide inconsistent accounts.
  7. Confirm the action plan and next deadline. Obtain written confirmation of the appeal, suspension request, detention challenge, or other filing. Keep copies of every submission and maintain contact with the lawyer until the authority confirms receipt.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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