HR Law Newsalert

Important changes have been made to the residence formalities for family reunification of non-EU nationals with Belgian citizens, EU nationals and non-EU nationals (Act of 8 July 2011, promulgated on 12 September 2011, and the Royal Decree of 21 September 2011, promulgated on 10 October 2011).

General principle

The general principle is that persons wishing to join their spouse or parent in Belgium have to get a long-stay, type D visa at the Belgian embassy/consulate in their present country of residence before travelling. The visa is needed for applying as a dependant for a Belgian residence permit.

The long-stay, type D visa entitles family members of the “principal” to immediately get a Belgian residence permit at their local town hall in Belgium, which enables them to travel throughout the Schengen area.

Under a special current statutory procedure, it is also possible to register in Belgium with a short-stay, type C visa or national passport without the need for a type D visa. However, for family reunification purposes, this special procedure requires a number of additional documents, whereas simultaneously applying for a type D visa involves less red tape.


Recent changes to the special registration procedure

For non-EU family members who do not need a visa to enter Belgium

Non-EU family members who can enter Belgium with just their national passport (and no visa) can go through the special registration procedure at their local town hall in Belgium (and get a Belgian residence permit).

Since 22 September 2011, the special procedure only applies to non-EU family members who can travel to Belgium just on their national passport without the need for a short-stay, type C visa (e.g. nationals of the USA, Japan, Australia, Brazil, Argentina).

Under this special procedure, the family only gets a temporary residence card (‘orange card’), which is now valid for six months and can be extended for two times three months (as opposed to 9 months plus 2 x 3 months under the old rules). During this period, you cannot travel abroad. Only after that period will a Belgian residence card similar to the principal’s be issued to the family members.

To get a Belgian residence permit, these non-EU family members can still:

  • either apply for a long-stay, type D visa for family reunification prior to travel;
  • or travel to Belgium immediately on the basis of their national passport and go through the special procedure at their local town hall in Belgium.

For non-EU family members who must hold a short-stay, type C visa to enter Belgium

These family members, e.g. nationals of India, China, Russia, Ukraine, Turkey can no longer switch a short-stay for a long-stay visa under the special procedure and obtain a Belgian residence permit that way.

Under the new rules, in all cases these non-EU family members must apply for a long-stay type D visa for family reunification at the Belgian embassy/consulate in their actual country of residence prior to travel.

Exception: the special procedure is possible if the family member has been issued with a short-stay visa for the purpose of marrying or legally cohabiting in Belgium.


Important changes for non-EU family members of EU nationals

With regard to family reunification of a non-EU national with an EU national, the following important changes should be noted:

  • Only at the end of the 6-month period (or earlier if the Foreigners Office issues the local authority with a positive decision) can the ‘orange card’ be switched for a type F residence card, which is the residence permit for non-EU nationals reunifying with an EU national.
  • Proof of adequate housing, regular income and medical insurance is not required.
    Exception: if the EU national’s residence in Belgium is based on “adequate means” (economisch niet-actieve Unieburger/titulaire de moyens de subsistance suffisantes), proof of sufficient income and medical insurance is required (proof of adequate housing is not).
  • For family reunification with a Belgian national: proof of adequate housing, regular income and medical insurance is required in all cases.

In practice, we are also seeing the following changes

Since 22 September 2011, the new rules have also applied to existing cases on which no decision had yet been taken. Additional documents might therefore be needed, and temporary residence cards will be valid for the new periods.

In the case of both initial residence permit and extension applications, the principal has to produce proof that he/she has sufficient means (e.g. payslips, employment/assignment agreement, bank statements) and sufficient housing (e.g. registered lease).

Unlike under the old rules, the procedure for renewing a family’s residence permit is no longer simultaneous with renewal of the principal’s residence permit on which it is based. Additional documents are also needed (certificate of good conduct, medical certificate, registered lease, payslips, etc.).

Important note: each town hall may have its individual requirements. It is therefore advisable to check upfront with the town hall what documents are required.

 

For more information, please contact Peggy Smets or Sandrine Le Clef.