On 1 August 2007 an amendment to the Danish Aliens Act came into force.

Trafficking

The amendment implements the following initiatives from the Action Plan to fight trafficking in human beings:

1. Extended "reflection period" lasting up to 100 days if the foreigner, who does not have permission to stay in Denmark, has been exposed to trafficking.
2. Offer of a prepared repatriation, including legal and psychological assistance, health treatment and social-pedagogical support as well as reception by a social organization or NGO in the country of origin.
3. Special rules concerning expulsion. The Aliens Act has been amended, so that foreigners, who have been exposed to trafficking and are staying illegally in Denmark, will no longer be punished by expulsion and thereby also prohibited re-entry but will only be sent out of Denmark. It should be noted that foreigners are also offered an extended reflection period and prepared repatriation as described above cf. a and b.

Domestic violence

Where a temporary residence permit has been issued on the basis of spousal reunification and the spouses divorce or cease to cohabitate, the immigration authorities can revoke the residence permit since the basis of the permit no longer exists. In order to prevent the particularly serious effects of a revocation of a residence permit of aliens who have been exposed to abuse by their spouse and whose residence permit is issued on the basis of spousal reunification, section 19 (8) of the Danish Aliens Act warrants an option for the immigration authorities not to revoke the residence permit in such cases.

The explanatory notes on the application of section 19 (8) state that the abuse invoked by the alien issued with a residence permit based on spousal reunification must be substantiated. If this is the case, the immigration authorities will assess whether the abuse has been the actual cause of the cessation of cohabitation. The explanatory notes also state that the immigration authorities must make an assessment of whether a revocation of the residence permit may be assumed to be particularly burdensome owing to the alien's personal circumstances, e.g. if the alien has children residing in Denmark. The decision is based on an assessment of the individual and specific circumstances of each case.