Deportation and Expulsion

Source: Udlændingeloven (Aliens Act), §§ 22–32; ECHR Article 8 (right to private and family life)

Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.

Danish National Law

What is this right?

Non-citizens can be expelled from Denmark under certain conditions:

  • Criminal expulsion: Courts may expel a non-citizen convicted of a serious criminal offence — the more serious the crime, the more likely expulsion. Even permanent residents can be expelled for very serious crimes.
  • Administrative deportation: If your residence permit expires, is revoked, or your asylum claim is rejected.
  • Proportionality test: The court must balance the seriousness of the offence against your ties to Denmark — length of residence, family, children, health, and ties to the country of origin.
  • Re-entry ban: Expulsion typically comes with a ban on re-entering Denmark for a fixed period or permanently.
  • Non-refoulement: You cannot be deported to a country where you face torture, death penalty, or persecution — this is an absolute rule under international law.

When does it apply?

  • You are a non-citizen who has been convicted of a criminal offence and the court is considering expulsion.
  • Your residence permit has been revoked or your asylum claim rejected.

What should you do?

  • Get a lawyer immediately — you have the right to legal representation in all expulsion proceedings.
  • Present evidence of your ties to Denmark — family relationships, employment history, integration, children in Danish schools.
  • If you fear persecution in your home country, raise non-refoulement arguments — your lawyer can do this.
  • If expelled, you can appeal the decision within the applicable deadlines.

What should you NOT do?

  • Don't ignore a deportation order — failure to cooperate can lead to detention and a longer re-entry ban.
  • Don't leave Denmark voluntarily before exhausting appeals if you believe the decision is wrong — departure may be treated as acceptance.
  • Don't violate a re-entry ban — returning to Denmark during a ban is a criminal offence.

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