Family reunification with an EU national

Family reunification with an EU national

Family reunification with an EU citizen living in Belgium or with a Belgian national who has returned to Belgium after having exercised his/her freedom of movement in another Schengen country (Articles 40 bis, 47/1, 47/2 and 47/3 of the law dated 15/12/1980)

EU citizens who exercise their freedom of movement by travelling to another Schengen country enjoy much greater protection of their family life i.e. they can be accompanied or joined by a member of their family up to the 4th degree. The conditions and supporting documents differ according to the category to which you correspond.

If the foreign national is in Belgium, even in an irregular situation, the request can be submitted to the municipal authorities in the place of residence.

If the family member lives abroad, he/she must complete an application for a family reunification visa (D visa) with the relevant consular authorities in his/her country of origin or residence.

Our law firm will help you compile your dossier, check you meet the conditions and verify your documents, as well as helping you submit the application and tracking its progress until the final decision is issued.

1- Members of the nuclear family (1st degree) of an EU citizen

This concerns the following family members:

I) His/her spouse or registered partner considered as an equivalence to marriage in Belgium (i.e. a partnership registered in Germany, Denmark, Finland, Iceland, Norway, the United Kingdom and Sweden);

II) His/her partner provided that the partnership is legally registered in law (e.g. PACS in France or legal cohabitation in Belgium);

III) His/her minor descendant (son/daughter) or under 21 years of age or that of his/her spouse or partner as long as custody consent has been obtained from the other parent;

IV) His/her major descendant or those of his/her spouse or partner provided that he/she is in their care and that he/she has custody.

In these cases, if the EU citizen has been issued with an E card as a worker, employee or self-employed individual or possesses sufficient resources and the application for family reunification is submitted during the first five years of his/her stay, the EU citizen must prove that he/she has sufficient resources so that his/her family members do not become a burden on Belgium’s welfare system during their stay, and have health insurance covering all the risks for members of his/her family in Belgium.

When assessing the resources, account will be taken of the personal circumstances of the EU citizen including the nature and regularity of his/her income and the number of dependent family members.

The Belgian national wishing to be joined by a family member must prove the following:
a.adequate accommodation to house the family member;
b. health insurance covering health care for him/herself and the joining family member;

V) His/her major descendant (son/daughter) or descendant of his/her spouse or partner provided he/she is dependent. In this case, the family member must prove that he/she had no resources in his/her country of origin (or provenance) and is financially dependent on the sponsor. He/she will also need to demonstrate that the sponsor has sufficient resources to meet his/her needs, and can provide adequate housing and health insurance for him/herself and the joining family member.

VI)A third-country national who is the parent of a minor EU citizen: in this case, the  third-country parent must demonstrate that he/she has sufficient resources for him/herself and child. When submitting the application for residency, the applicant will receive a temporary six-month residence permit (i.e. an Attestation d’Immatriculation) enabling him/her to work. The applicant must complete his/her application and that of his/her child by submitting pay slips, as well as proof of health insurance and adequate accommodation.

If there is any doubt regarding these income conditions, we strongly recommend you contact a lawyer to help you with your application.

2- Other family members of the EU citizen up to the 4th degree (article 47/1 of the law dated 15/12/1980)

Article 47/1 of the law dated15 December 1980 states:

The following shall be considered as family members of the Union citizen

(…) 2° family members not indicated in article 40bis, § 2, who, in the country of provenance, are dependent on or belong to the household of the EU citizen;

This relates to other family members than those indicated in the previous point and who meet the following three conditions:

  • belong to the same household as the family member in the country of origin/provenance at the time the application is submitted. It will then be necessary to legally prove a common residence in the country of origin/provenance. Naturally, this proof will be easier to provide if the joining family member and the sponsor lived at the same address in the country of origin/provenance prior to arriving in Belgium. It will then be necessary to produce documents issued by the relevant authorities in the country of origin/provenance to prove this situation. In this was not the case, this proof may be demonstrated by all legal means.
  • be financially dependent on the sponsor: in this case, the joining family member must prove that he/she has no resources in his/her country of origin (or provenance) and is financially dependent on the sponsor at the time the application is made. The sponsor must be able to prove that he/she has sufficient resources to support the joining family member.
  • be physically dependent on the sponsor: i.e. for health reasons; the EU citizen must personally prove that he/she is required to care for the joining family member due to serious health reasons.
  • soit avoir été à sa charge : Le regroupé devra dans cette hypothèse prouver qu’il était dépourvu de ressources dans son pays d’origine ou de provenance et qu’il dépendait financièrement de son regroupant au moment de l’introduction de sa demande. Il devra également démontrer que son regroupant dispose de ressources suffisantes pour le prendre en charges

3-  A de factor partner whose lasting relationship can be duly attested by all legal means

The partner of a Belgian national or a third-country national (authorised to stay in the territory) wishing to obtain a residence permit in order to join his/her spouse must first make a declaration of legal cohabitation or marriage; the partner of an EU citizen may apply for a residence permit if he/she can prove a lasting relationship with the EU citizen.

This proof may be demonstrated by all legal means (cohabitation for a minimum of one year, common child, a two-year relationship demonstrated by dated photos, conversations on social networks, email exchanges, bills, etc.).

Our law firm will help you compile your dossier, check you meet the conditions and verify your documents, as well as helping you submit the application and tracking its progress until the final decision is issued.