FACTS ABOUT THE RESIDENCE REQUIREMENT

FACTS ABOUT THE RESIDENCE REQUIREMENT

What is the residence requirement?

The residence requirement will begin to enter into force on 1 January 2019, and will be gradually phased in until 2021. To qualify for unemployment benefit, you must: 

  • From 1 January 2019, have resided in Denmark or the EU/EEA for at least 5 out of the past 12 years
  • From 1 January 2020, have resided in Denmark or the EU/EEA for at least 6 out of the past 12 years
  • From 1 January 2021, have resided in Denmark or the EU/EEA for at least 7 out of the past 12 years 

Holidays and business trips do not count as periods abroad if your residence is registered in Denmark, the Faroe Islands, Greenland, the EU/EEA countries or Switzerland. Besides the EU countries, the EEA also includes Norway, Iceland and Liechtenstein.

Until 30 March 2019, you will be exempt from this requirement if you have stayed in the UK. We await the coming agreement on the withdrawal of the UK from the EU - Brexit.

FAQ'S ABOUT THE RESIDENCE REQUIREMENT

What does the residence requirement mean in relation to my right to unemployment benefit and holidays with holiday benefit?

The residence requirement means that you may lose your right to unemployment benefit and holidays with holiday benefit if you have stayed outside the EU/EEA for a period of more than five years when the law is fully phased in in 2021. The new residence requirement means that when you register as unemployed and need to be included or re-included in the benefits system, FTFa will examine your stays abroad for the previous twelve years.

If you live abroad now, and if you have an expectation of being entitled to unemployment benefit when you return to Denmark, the residence requirement may affect your right to these benefits.

What does the residence requirement mean in relation to my right to early retirement pension and senior jobs?

The residence requirement does not affect your right to early retirement, irrespective of whether or not you meet the requirement, if you are entitled to unemployment benefit.

If you have exhausted your right to unemployment benefit, you could get early retirement benefit earlier if you continue to pay early retirement contributions. You can only use this special scheme if you meet the residence requirement. You may be entitled to a senior job if you meet the residence requirement.

What if I am unemployed before January 1st 2019

If you are unemployed and have received unemployment benefit prior to 1 January 2019, you will not be subject to the residence requirement.If you need to be re-included with unemployment benefit later, you will be subject to the residence requirement at that time.

EXCEPTIONS FROM THE RESIDENCE REQUIREMENT

When are you exempt from the residence requirement? There are a number of situations in which a period abroad may be counted as a stay in Denmark, even if it does not take place within the borders of the country. These exceptions are not clearly defined. You should therefore contact FTFa if you think you are covered by one of the exceptions. If your stay abroad falls under one of the following categories, the residence requirement does not apply to you:

  1. Employment on a Danish ship or floating drilling platform
  2. A period abroad as a representative of a Danish public authority
  3. A period abroad in the service of the Danish public interest (see further details below if you may be covered by this)
  4. A period abroad as the employee of a branch or subsidiary of a Danish company
  5. A period abroad with a view to vocational education (i.e. as part of a recognised qualifying education)
  6. A period abroad as a researcher at a foreign university, foreign research institution or company
  7. If you have been the cohabiting partner of a person covered by points 1 to 6 above, and you have entered into a marriage or registered partnership with each other, or meet the conditions of a marriage or registered partnership with each other, and have established a common residence before your departure.
  8. Periods spent abroad before you reach the age of 18 are treated as periods within the EU/EEA when calculating the residence requirement if you have stayed in the EU/EEA or Switzerland for a total of at least seven years before you reach the age of 18. This is independent of whether or not your parents have been covered by the exceptions.

ABOUT DOCUMENTATION

If you become unemployed, FTFa will ask for your consent to retrieve information from the central national register (CPR) going back at least twelve years. If you meet the residence requirement with this information, nothing further will be required.

If you have been staying in the EU/EEA or Switzerland, it will facilitate the work of clarifying whether or not you meet the residence requirement if you can produce documentation of your stays abroad. If you do not have such documentation, FTFa will obtain documentation from the countries in which you have stayed.

If you believe that you are covered by one of the exceptions to the residence requirement, you must document these periods yourself. The required documentation can vary widely, depending on which exception you are covered by.

Contact us and let us guide you on what documentation you will need.  

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