Deportation and Expulsion in Denmark

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

Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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  • Your residence permit has been revoked or your asylum claim rejected.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 to Do If You Are Facing Deportation or Expulsion from Denmark

  • 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.

Common Questions

Can I be deported from Denmark after a criminal conviction?

Yes. Under §§ 22-32 of Udlændingeloven, courts may expel a non-citizen convicted of a serious offence. Even permanent residents can be expelled for very serious crimes. The court must apply a proportionality test weighing the offence against your ties to Denmark — length of residence, family, children, health, and ties to the country of origin.

Can I be deported to a country where I face torture?

No. The non-refoulement rule is absolute — you cannot be deported to a country where you face torture, the death penalty, or persecution. This is guaranteed by international law and by ECHR Article 8 (right to private and family life). Raise non-refoulement arguments through your lawyer; legal representation is guaranteed in all expulsion proceedings.

What is a Danish re-entry ban?

A fixed-period or permanent ban on returning to Denmark, typically imposed with an expulsion order. Violating the ban by returning to Denmark during the period is a criminal offence. Do not ignore a deportation order — failure to cooperate can lead to detention and a longer re-entry ban. Do not leave Denmark voluntarily before exhausting appeals.

When does it applydeportation and expulsion?

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 I do if a Danish court is considering expelling me from the country after a criminal conviction?

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 dodeportation and expulsion?

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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