If the Danish Return Agency and the police have not been able to send a rejected asylum seeker out of the country for a long period of time, even though the person cooperates regarding their departure, it is possible to apply for a residence permit in Denmark as a non-deportable person. It follows from the Aliens Act § 9c, paragraph. 2.
In very special cases a rejected asylum seeker can get a temporary residence permit as a non-deportable person in Denmark. The following circumstances must all be met:
A minimum of 18 months has passed since the Refugee Appeals Board's decision, where during the entire period it has not been possible to send the rejected asylum seeker out of Denmark.
The rejected asylum seeker has actively cooperated with the immigration authorities regarding their departure throughout the period, including signing that they have cooperated on the deportation in all respects and done the things they have been asked to do, such as contacting their embassy if asked.
The deportation of the rejected asylum seeker to the country in question is considered to be hopeless.
It is the immigration authorities who assess whether an applicant has cooperated with regard to their deportation and whether the deportation is hopeless.