If a member of your family is living in Brussels and you wish to rejoin him/her, this is possible thanks to the family reunification procedure. According to the law of 15 December 1980, non EU nationals can settle in Belgium with other family members (UE or non UE), under certain conditions.
The conditions of family reunification vary according to the nationality of the person who is joining and the nationality of the person already living here.
A non EU citizen rejoins an EU citizen
Who is considered to be a family member ?
- A spouse;
- A partner (being at least 21 years old);
- Ascendants and those from the partner, in their care ;
- Descendants under 21 years or in their care, and those from the partner
GOOD TO KNOW :
Family reunification is also possible as an "other family member". Other family member” under article 47/1 of the law of 15 December 1980 on access to Other family members" means:
- The de facto partner with whom he has a lasting and stable relationship. In this case the relationship may be proven by any legal means, but the Immigration Office takes into account the intensity, length and stability of the relationship between the partners.
- Family members who are dependent on the Union citizen
- Family members who, in the country of origin, formed part of the citizen's household,
- Family members whom the Union citizen has to care for personally due to serious health problems he territory.
Important: for people coming from certain countries, copies of birth or marriage certificates must be authenticated by the Belgian diplomatic or consular authorities in the country of origin. In addition, if they are drawn up in a language other than French or Dutch, they must be accompanied by a certified translation by a sworn translator.
More details on Legalisation of documents here.
Please note that specific rules apply to family reunification with a Belgian national. See more info here.
Important! If you are a family member of an EU civil servant click here.
FROM YOUR HOME COUNTRY VIA THE BELGIAN EMBASSY
STEP 1 : Ask for an A.S.P or temporary residence permit in your home country “D visa in the frame of a family reunification”
STEP 2 : Report to the municipality
STEP 3 : You receive a residence permit (F card)
FROM BELGIUM VIA THE MUNICIPALITY
STEP 1 : Report to the municipality to obtain a certificate of registration application called APPENDIX 19 ter
STEP 2 : You receive a residence permit : F CARD
STEP 3 : Ask your permanent stay F+ CARD
WHEN TRAVELLING
The orange card itself is not a residence permit and indeed you cannot travel with this document. However the following Directive can apply: DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. You will have to bring a little file with you, when you travel, gathering the wedding certificate, copy of the Belgian residence permit of your partner, copy of his/her employment contract, your orange card and appendix 19 ter, a document concerning the purpose of your trip, … Of course if you are travelling with your EU partner it’s easier. But indeed you might face questions at the border.
A non EU citizen rejoins a non EU citizen
Who is considered to be a family member?
- A spouse (being at least 21 years old);
- A partner (being at least 21 years old);
- Descendants under 18 years, and those of the partner.
Important to know!
- A non EU ascendant cannot rejoin for instance his non EU son working in Belgium !
- The non EU citizen living in Belgium must be holder of a residence permit with a limited stay period ( A card) or with an unlimited and permanent stay period (B, K, L card). However in this last case, the B, C, or D card must have been issued since at least 1 year (except for certain specific cases).
- For people coming from certain countries, copies of birth or marriage certificates must be authenticated by the Belgian diplomatic or consular authorities in the country of origin. In addition, if they are drawn up in a language other than French or Dutch, they must be accompanied by a certified translation by a sworn translator. More details on Legalisation of documents here.
To be completed soon.