Tuesday, March 19, 2024

DENMARK: Stricter Document Requirements for Local Registration

The Danish registration authorities have recently started to require marriage and birth certificates originating in non-European Union countries, submitted in support of local registration procedures, to be apostilled (or legalized).

Previously, requirements for apostille or legalization of documents varied from municipality to municipality.

Who is Affected?

An assignee who is married but is not accompanied to Denmark by their spouse must submit a copy of their marriage certificate – this does not need to be legalized.

An assignee who is accompanied by their spouse and/or children must submit their original marriage and/or children’s birth certificates.

Assignees must ensure that their submitted original certificates are apostilled (or legalized if the certificate’s country of origin is not part of the apostille convention).

Generally, apostille or legalization is not necessary when certificates originate from USA, Canada, New Zealand, Australia or Turkey.

Risks

In the worst case, an assignee may not be allowed to complete CPR registration until the apostilled or legalized documents are submitted.

If the assignee is allowed to register without the correctly apostilled or legalized certificates, then their accompanying spouse or children would not be linked to them in the CPR system. This would mean that the spouse tax deduction and children’s benefits would not be possible until the submission of the apostilled or legalized documents.

If the apostilled or legalized documents are not submitted, then the authorities will send reminders and, eventually, de-register the family, automatically cancelling their residence permits (unless the permit is based on the fast track scheme

Background

CPR stands for Central Person Register, which is a civil registration system. Residents of Denmark are legally required to have a CPR number. The CPR number is essential in relation to any contact with the Danish authorities and especially in connection to tax and social security issues.

CPR registration is required for foreign nationals staying in Denmark for more than three months with an EU registration certificate or a residence permit, and a permanent address. This application should be filed online if registering in the Copenhagen area, after which an appointment for collection will be scheduled at the International Citizen Centre.

What is the Apostille Convention?

The Apostille Convention (also known as the Apostille Treaty, or the Hague Convention Abolishing the requirement of Legalisation for Foreign Public Documents) was signed on 5 October 1961. It has since been signed by 113 countries. The Convention specifies how a public document issued in one of the signatory countries can be certified by a competent authority of that country for use in any other of the signatory countries without the need for consular legalisation (certification by the Foreign Ministry of the country where the document is to be used).

Our advice

Employers should ensure that their assignees in Denmark who are accompanied by family members have apostilled or legalized their marriage and/or children’s birth certificates, if required, in advance of CPR registration.