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:
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.
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.
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.
