108 ANNUAL REPORT 2017 In the Ombudsman’s opinion both lines of reasoning were legally tenable, and on that basis, he found no grounds for criticising the Ministry’s refusal. 2017-30. Danish Immigration Service gave inadequate guidance in case about residence permit of indefinite duration A man telephoned the Danish Immigration Service and enquired whether his cohabitee receiving cash benefit could have an impact on his pending application for a residence permit of indefinite duration. The reason for his enquiry was that he was aware that in order for him to be granted a residence permit of indefinite duration, it was a requirement that he did not receive any public welfare assistance himself. The Immigration Service replied that his cohabitee receiving cash benefit would have no impact on his possibility of getting a residence permit of indefinite duration. Subsequently, however, as a result of his cohabitee receiving cash benefit, the man himself was automatically paid supplementary cash benefit for a month where his own income had been below cash benefit level. This was a consequence of the mutual obligation of support which cohabiting couples one (or both) of whom received cash benefit had at the time under the Act on an Active Social Policy. The Immigration Service subsequently refused the man’s application for a residence permit of indefinite duration. The man appealed the refusal to the Immigration Appeals Board, which upheld the refusal. The Ombudsman stated, among other things, that the guidance given by the Immigration Service did not meet the requirements of section 7(1) of the Public Administration Act. It must have been clear to the Immigration Service that the purpose of the man’s enquiry was to ensure that he would not get into a situation where his cohabitee receiving cash benefit would be an obstacle to his possibility of getting a residence permit of indefinite duration. For this reason, it must also have been clear that he needed guidance on the interaction between the Aliens Act and the Act on an Active Social Policy. The Immigration Service should have informed the man that its guidance was subject to reservations and should have recommended that he enquire at, for instance, his municipality about the rules in relation to cash benefit.