An appeal to the Immigration Appeals Board can reverse a rejection from the Immigration Service or SIRI. But not all appeals succeed. What makes the difference?
1. Identify the rejection ground precisely
Read the rejection carefully and find the specific provision applied. Is it § 9(1) (24-year rule), § 9(5) (self-sufficiency), § 9(7) (attachment)? The appeal must precisely target the applied rule.
2. Bring in new information
The Board looks favourably on appeals that bring new, relevant information to the case — not just repetition of arguments from the application. Examples:
- Newer employment contracts or payslips.
- New language test certificate.
- Medical certificates for special health circumstances.
- Statements from employers, family, or other relevant persons.
3. Argue for dispensation
In cases where objective requirements are unmet, dispensation may be the way forward. It requires documentation of quite exceptional circumstances:
- Serious illness in either party or common children.
- Risk that common children will be separated from a parent.
- Situations covered by the European Convention on Human Rights.
4. Use EU rights where relevant
If there are EU elements (lived or worked in another EU country) or Turkish citizenship (Ankara Agreement), the appeal should invoke them — even if the application did not.
5. Refer to relevant case law
The Immigration Appeals Board is bound by its own case law. If earlier decisions in similar cases granted relief, they should be cited. The Board’s decision database is publicly available.
6. Structure, brevity, and clarity
Long, disorganised appeals are skimmed quickly. A good appeal is typically 3-8 pages with clear structure:
- Introduction: which decision, which date, which provision.
- Facts: brief description of the case.
- Legal argumentation: why the decision is wrong.
- Claim: what the Board should do (overturn/remand).
- Documentation: numbered exhibits.
7. Get legal help
We have won more than 150 appeal cases and know the Board’s practice intimately. An early assessment can determine whether the case should be appealed at all — and if so, how to frame it best.
What happens after the appeal?
First, reconsideration takes place at the original authority. If the rejection stands, the case goes to the Board, where processing time is typically 12-24 months. The Board can uphold, change, or remand the case.
Contact us as soon as possible after a rejection — time is your most valuable resource in an appeal case.
Received a rejection?
We have more than 10 years of experience in Danish immigration law and have won more than 150 appeal cases at the Immigration Appeals Board. Get a non-binding first assessment of your case — we respond within 24 hours.
