The Supreme Court and Parent Reunification: What Counts as “Exceptional Reasons”?
For many people living in Denmark, there comes a day when a parent abroad grows older, falls ill or simply can’t manage alone. The natural thought is: “Can my mother or father move here to live with me?” It’s one of the most emotional questions in immigration law, and one of the hardest to answer. Danish law does not give parents a general right to move to Denmark, and the Supreme Court has made clear that the bar is high. At familie-sammenføring.dk, we speak with families in this situation regularly, and if you are weighing an application, a professional immigration lawyer can tell you early whether your case has a realistic chance or whether another route makes more sense.
Why parents are treated differently from spouses and children
Spouses and young children have specific routes into Denmark, with fixed conditions. Parents and other relatives don’t. Family reunification with family members other than spouses and minor children, including parents, adult children and siblings, requires “exceptional reasons” under section 9 c, subsection 1, of the Aliens Act. The provision works as a safety valve for cases that fall outside the ordinary rules.
The wording allows a residence permit when exceptional reasons speak in favour of it, including the unity of the family and, for applicants under 18, the best interests of the child. That sounds flexible, but in practice it is applied narrowly.
What does “exceptional” really mean?
The law doesn’t give you a checklist. Instead, the authorities make a concrete assessment of each case. Getting a permit on this basis requires highly exceptional circumstances, and the Immigration Appeals Board’s restrictive approach is only rarely overturned by the courts. The courts also review these decisions with restraint.
In plain terms: it is not enough that your parent is elderly, that you miss each other, or that life is easier together. Those things are true for many families. “Exceptional” means something beyond that.
The Supreme Court case that shaped the debate
The key ruling is from the Supreme Court (case BS-13536/2022-HJR). On 13 December 2022, the Court upheld a refusal for a 71-year-old American mother who sought to live with her adult son, citing a significant need for care and dementia.
The takeaway is sobering but important. The Court held that ordinary frailty that comes with age and emotional bonds are not “exceptional reasons”. It also described the assessment as a discretionary judgement of whether exceptional reasons exist, rather than a simple formula.
It is worth reading this carefully. In that case, the mother had serious needs, yet the refusal was still upheld. That doesn’t mean every case with health issues will fail, but it shows how demanding the standard is.
Can illness or care needs ever make a difference?
Yes, they can be part of the picture. A serious need for care or treatment can be considered under section 9 c, subsection 1. But on its own, it is rarely decisive. The authorities look at the whole situation, including questions like:
Is care available in the home country? Are there other relatives, such as siblings, who can help, or local services?
How serious and documented is the condition? Medical evidence matters, including what care is needed and why it can’t be provided elsewhere.
What ties does the parent have to the home country and to Denmark?
Would a refusal interfere with family life in a way that raises human rights concerns? Under this provision, the question is whether a refusal would violate the right to family life under Article 8 of the European Convention on Human Rights.
Facts like these can help build a case, but there is no guarantee, and each case is judged on its own merits.
What kind of evidence tends to matter?
Without promising any outcome, these are the types of documents that usually help the authorities understand your situation:
Medical records and statements from doctors describing the diagnosis, prognosis and daily care needs
Evidence of why care isn’t available or suitable in the home country
Information about other family members abroad, and why they can’t help
Proof of your own situation in Denmark, such as housing, income and ability to support your parent
Documentation of the relationship and the parent’s ties to you
A clear, consistent written explanation of why this case is exceptional
Clear, well-organised documentation makes it easier for the decision-maker to see what makes your case different.
What if the answer is no?
A refusal is not always the end of the road. Depending on your case, you may be able to appeal to the Immigration Appeals Board. The courts can also review decisions, although, as noted above, they tend to be cautious. It’s worth getting advice early, since deadlines apply and the strongest arguments are often those made at the start.
Some families also look at alternatives, such as visits on a visitor visa, or other legal grounds for residence that might apply to their situation. Whether these fit depends entirely on the facts, so check before relying on them.
Common mistakes
Assuming age alone is enough. The Supreme Court has made clear that it isn’t.
Relying on emotional arguments only. They matter to you, but legal decisions need evidence.
Thin medical documentation. Vague statements are rarely enough.
Ignoring care options in the home country. The authorities will ask why they aren’t sufficient.
Waiting too long to get advice. Early planning helps you build your case properly.
Inconsistent information. Details in forms, statements and documents need to match.
Frequently asked questions
Do parents have a right to live in Denmark with their adult children?
No. Parents don’t have a general right. They can only be reunified in exceptional cases.
Is dementia or serious illness enough to qualify?
Not automatically. A serious need can be considered, but the Supreme Court has upheld a refusal even in a case involving significant care needs and dementia.
Can I appeal a refusal?
Often yes, but deadlines and procedures apply, so check your options quickly.
Does it help if I’m a Danish citizen?
Citizenship may matter in some respects, but the exceptional-reasons standard still applies. Your specific circumstances will determine the outcome.
Are there other options besides reunification?
Possibly, such as visitor visas or other residence grounds. It depends on your situation.
Talk to someone before you apply
Applications for parents are some of the hardest in Danish immigration law, and a refusal can be painful. At familie-sammenføring.dk, we help families assess their options honestly, gather the right documentation, and present their case as clearly as possible. If you’d like to discuss your situation, get in touch for a first conversation.
Kommentarer