Can I Join My Spouse in Belgium?

Whether you can relocate to Belgium to join your spouse, depends to an important extent on your spouse’s nationality.

There are broadly three scenarios:

1. Your spouse is a Belgian national: To join your Belgian spouse, you will, among other things, need to provide evidence that you are married. In addition, you will likely have to prove that your spouse in Belgium has sufficient and stable financial resources to cover for your expenses, and that (s)he has housing that is adequate to accommodate you both.

2. Your spouse is a national of another EU Member State: To join your spouse, you will only need to prove that you are married and that you intend to join your spouse in Belgium. You will neither need to prove that your spouse has sufficient and stable financial resources, nor will you need to provide evidence of adequate housing. Your spouse must however meet the conditions to live in Belgium. This will likely be the case if (s)he has a job at a Belgium-based company.

3. Your spouse is not a national of an EU Member State: To join your spouse in Belgium, you will likely have to meet more stringent conditions. In addition to the requirements related to financial resources and adequate housing, your spouse may have had to have been in Belgium for a set amount of time—often one or two years—prior to your application to join him or her. You may also need to be 21 years or older, as opposed to the usual requirement that both spouses be at least 18 years old.

As a national of an EU Member State, you may have additional grounds to reside in Belgium. For instance, you can live in Belgium if you are employed by a company based there or if you are enrolled in a Belgian university or college.

If your spouse is a United Kingdom national, you are likely to have to follow the rules applicable to nationals of non-EU countries. However, if you married your spouse before January 1, 2021, you may still benefit from the more generous EU rules, making it easier to obtain residency.

What steps do I have to take to join my spouse in Belgium?

Depending on your nationality, you may have to apply for a long stay visa for family reunification purposes, or you may be able to travel to Belgium visa free and file your application at your municipality after arrival.

If you are allowed to travel to Belgium for a short stay without a visa, you can file your application at the municipality after arrival. A list of countries national of which can travel to Belgium without a visa can be found here.

When you apply through your municipality, you will receive temporary documents. These documents allow you to remain and work in Belgium while your application is pending. Expect your application to take around six months.

If you are not allowed to travel to Belgium for a short stay without a visa, you will need to apply for a long stay visa for family reunification purposes at a Belgian embassy or through a third-party handling visa applications. If there is no Belgian embassy in your country, you may need to visit one in a nearby country.

Most applications require an in-person appointment, which could mean obtaining a visa to travel to the relevant embassy for your visa appointment. You may also need to pay a visa processing fee, and you will have to submit several documents.

The procedure is likely to last at least nine months. During this time, you are not allowed to travel to Belgium.

How long can I stay in Belgium?

In most instances, you will be granted a right of residence of unlimited duration. Your residence card will expire after a set amount of time—often five years, sometimes one year—but you can renew your card provided you continue to meet the conditions under which you relocated to Belgium. After five years of stay in Belgium, you are likely eligible to become a long-term resident. This grants you additional protections against removal. You may also be eligible to apply for Belgian citizenship (see further below).

Will I lose my right of residence if I get divorced?

As a general rule, if you and your spouse get divorced within the first five years of your stay in Belgium, you will lose your right of residence in Belgium.

However, there are important exceptions to this general rule. One exception is that you will retain your right of residence after your divorce if you have been married for over three years prior to the divorce, of which at least one year has been spent in Belgium. You may also retain your right of residence if you have custody over your children, and the children live in Belgium. In both scenarios, you will also have to prove that you are financially independent.

My partner and I don’t want to get married. Can I relocate to Belgium anyways?

It is not always necessary to be married to obtain a right to relocate to Belgium to join your partner. In many instances, unmarried partners also qualify, provided they can demonstrate that their relationship with their Belgium-based partner is durable and stable.

If you can travel to Belgium visa free for a short stay, you can travel to Belgium and then register your relationship with your partner at your municipality without getting married through a déclaration de cohabitation légale/verklaring van samenwoonst. In addition, you will have to provide evidence that you either lived together with your partner for at least one year, that you have been in a long-distance relationship for at least two years, or that you have a child together.

If you cannot travel to Belgium visa free and thus have to apply for a visa at your nearest embassy, you will first apply for a specific long stay visa to enable you to register your relationship in Belgium. After arrival in Belgium and after having registered your relationship, you file an application at the municipality to convert your short stay visa into a long stay visa.

What is a déclaration de cohabitation légale/verklaring van samenwoonst? A declaration of legal cohabitation is a document that partners in Belgium can register to officially acknowledge their relationship without getting married. Unlike marriage, it does not require a formal wedding ceremony and can be more easily dissolved. It provides legal protection and rights similar to those of married couples, such as joint taxation and inheritance rights.

My partner and I are not married yet. We want to get married in Belgium. Can I relocate to Belgium now?

If you can travel to Belgium visa free for a short stay, you can travel to Belgium and get married after your arrival. In a second step, you apply to convert your short stay visa into a long-term right of residence.

If you cannot travel to Belgium visa free and thus have to apply for a visa at your nearest embassy, you will first apply for a specific long stay visa to enable you to get married in Belgium. After arrival in Belgium, you file an application to convert your short stay visa into a long-term right of residence.

Careful: Marriages of convenience are illegal in Belgium. In Belgian law, a marriage of convenience is a union entered into with the primary purpose of obtaining residency rights in Belgium. Such marriages are illegal and can lead to severe consequences, including deportation and legal penalties.

Am I allowed to work as a spouse?

In many instances, you will be exempt from the requirement to obtain a work permit to work as an employee in Belgium. You will be allowed to work even during the application process. You will however need a work permit if your spouse is in Belgium on the basis of a student visa. You will also need to apply for permission to start a business.

Can I obtain Belgian citizenship?

Obtaining a visa and a right of residence does not automatically grant you citizenship. Nor does marrying a Belgian national.

Belgium sets several requirements to obtain citizenship. As a general rule, you must have resided in Belgium legally, and without interruptions, for a period of five years. In addition, you may have to prove your integration into Belgian society.

For advice on your specific situation or assistance in applying for a visa, contact Thomas at thomas@verellenlaw.com or book an online appointment on www.verellenlaw.com.

This blog post has last been updated on 11 November 2024.

Can I Relocate to Belgium?

This blog post provides information for individuals residing outside of Belgium, who do not hold Belgian nationality, and are considering relocating to Belgium.

This post defines ‘relocating to Belgium’ as staying in Belgium for over three months. It does not cover short stays or obtaining residence while already in Belgium. The information provided highlights some main pathways for relocation but is not exhaustive. For specific legal advice, consult a qualified lawyer.

PDF versions of this blog post are available in English, French and Dutch.

Different pathways, depending on your nationality

There are different pathways towards relocating to Belgium. Determining which pathway is open to you is not always easy.

A first factor to consider: your nationality.

You are a national of a Member State of the European Union

If you are a national of a Member State of the European Union, you may have a right to relocate to Belgium if one of the following circumstances applies to you:

• You are a student

• You are a self-employed business owner

• You have been offered a job at a Belgium-based company

• You want to find a job in Belgium

• You will open a business in Belgium

• You are financially independent

• You are family member of any of the above.

As a national of a Member State of the European Union, you can travel to Belgium without a visa. Upon your arrival, you must notify the municipality that you intend to stay in Belgium for more than three months.

Be careful: while you have extensive rights as a citizen of a Member State of the EU to move to Belgium, these rights come with conditions. For example, you may have to demonstrate that you have sufficient financial resources. Or: if you want to relocate to Belgium to join a family member, you will have to provide documents that prove your family relationship. If you do not meet the relevant conditions, you may be denied a right of residence. The municipality will check if you meet the conditions.

In addition to Belgium, the following countries are Member States of the European Union: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

You are not a national of a Member State of the European Union

If you are not a national of a Member State of the European Union, you may have a right to relocate to Belgium in the following circumstances:

• You awre a family member of a Belgian national or a national of another EU Member State ho lives in Belgium

• You are a student

• You have been offered a job at a Belgium-based company

• Your life is in danger in your home country.

If you are a family member of a Belgian national or a national of another EU Member State, you may have a right to relocate to Belgium. Examples of family members who may have a right to relocate to Belgium are children who are 18 years old or younger, and spouses. In some instances, parents may qualify as well. Siblings (brothers and sisters) do not qualify and must look for other options to move to Belgium.

If you are enrolled as a student at a Belgian university or college, you may have a right to move to Belgium for the duration of your studies, as well as an additional year after the successful completion of your studies to allow you to find a job in Belgium. To move to Belgium as a student, you must demonstrate that you have enough money to support yourself during your studies.

If you have been offered a job at a Belgium-based company, you may have a right to relocate to Belgium. Not all job offers grant you a right to relocate to Belgium. You must make a minimum salary, and in many instances your (prospective) employer must convince the government that they could not find a suitable local candidate. Depending on where your employer is based (Brussels, Flanders or Wallonia), different rules apply.

If your life is in danger in your home country, Belgium may be willing to grant you a visa to relocate to Belgium. This is called a humanitarian visa. Receiving a humanitarian visa is a courtesy, not a right. Belgium does not easily grant humanitarian visas. Humanitarian visas are often granted to siblings of refugees when both the refugee and the siblings are less than 18 years old. The application process typically takes a long time (on average nine months). During the process, you may not travel to Belgium yet.

Can I get a visa to travel to Belgium for asylum? While you may qualify for protection, Belgium does not issue visas to request asylum upon arrival. You cannot seek asylum at Belgian embassies or consulates abroad. You may request protection after entering Belgium legally, for example with a humanitarian visa, or illegally.

What steps to take to relocate to Belgium?

If you are a national of an EU Member State, you can travel to Belgium without a visa. You can start the process of registering your stay at your local municipality.

If you are not a national of an EU Member State, you usually need to apply for a visa at a Belgian embassy or through a third-party handling visa applications. If there is no Belgian embassy in your country, you may need to visit one in a nearby country. Most applications require an in-person appointment, which could mean obtaining a visa to travel to the relevant embassy for your visa appointment. You may also need to pay a visa processing fee, and you will have to submit several documents.

There are exceptions to the general rule that you apply for a visa at your nearest embassy:

• If you are planning to relocate to Belgium for work, your (future) employer will first need to file an application on your behalf to the responsible regional authorities (Brussels, Flanders, Wallonia). The regional authority will forward the application to Belgium’s immigration office. If the application is successful, you will need to apply for a visa at the nearest Belgian embassy.

• In some situations, it is possible to travel to Belgium first and apply for a residence permit later through the municipality. This option is available, for example, if you are a family member of a Belgian citizen or a citizen of another EU Member State. Depending on your nationality, you may need to apply for a short stay visa. While this process is straightforward in many instances, applicants from certain countries may encounter practical challenges. Belgium may deny a short stay visa if it believes the applicant might overstay their visa.

How long can I stay in Belgium?

Depending on your visa, you may have a shorter or a longer right of residence in Belgium.

If you are a national of an EU Member State, you may continue to live in Belgium for as long as you meet the initial conditions. For example, if you relocated to Belgium to join your spouse, you may as a general rule continue to live in Belgium for as long as your relationship with your spouse continues.

If you no longer meet the conditions of your initial right of residence, you may be allowed to remain in Belgium on another ground. For example, you came to Belgium to work. You lose your job, but in the meantime you started studying at a Belgian university. Provided you have adequate health care, you may be allowed to remain in Belgium on that basis. Moreover, after five years of stay in Belgium, you are likely eligible to become a long-term resident. This grants you additional protections against removal.

If you are not a national of a Member State of the EU, the length of your right of residence may differ depending on your visa. If you relocated to Belgium to work, your initial right of residence is tied to your employment: if you lose your job, you may lose your right of residence. If you relocated to Belgium on humanitarian grounds, you may be granted a one year right of residence that can be renewed. As is the case for nationals of a Member State of the EU, after five years of stay in Belgium, you are likely eligible to become a long-term resident. This grants you additional protections against removal.

Can I obtain Belgian citizenship?

Obtaining a visa and a right of residence does not automatically grant you citizenship. Nor does marrying a Belgian national.

Belgium sets several requirements to obtain citizenship. As a general rule, you must have resided in Belgium legally, and without interruptions, for a period of five years. In addition, you may have to prove your integration into Belgian society.

For advice on your specific situation or assistance in applying for a visa, contact Thomas at thomas@verellenlaw.com or book an online appointment on www.verellenlaw.com.

This document has last been updated on 4 October 2024.