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Descendant of a Belgian Citizen or Partner

BelgiumFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Belgium Read the five questions ↓

Which family relationships qualify?

The page lists direct descendants of the Belgian national, spouse or registered partner who are under 18, or are dependent on them in the country of origin or provenance, as family members.

See recorded sources
Limits of the record
  • The page covers direct descendants in the stated family relationships; it does not establish qualification for other extended relatives.
  • Family members
    the direct descendants and those of his or her spouse or registered partner aged under 18 or who are dependent upon him or her in the country of origin or provenance;
  • Conditions imposed on a direct descendant
    The direct descendant of a Belgian national who has not exercised his or her right to free movement or residence, en/or of spouse or partner, has a right to family reunification.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The sponsor is a Belgian national who has not exercised free movement or residence; a direct descendant of the Belgian sponsor's spouse or partner may also qualify.

See recorded sources
Limits of the record
  • The rule captured is for a Belgian sponsor who has not exercised free movement; separate EU-mobility routes are outside this page's scope.
  • Page heading
    Family reunification with a Belgian national who has not exercised his right to free movement (article 40ter)
  • Conditions imposed on a direct descendant
    The direct descendant of a Belgian national who has not exercised his or her right to free movement or residence, en/or of spouse or partner, has a right to family reunification.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The applicant must prove direct descent with birth certificates or other valid relationship evidence. An applicant must be under 18 or dependent on the Belgian sponsor and spouse/partner in the country of origin or provenance. For an applicant under 18, the sponsor or spouse/partner must exercise parental authority including custody; if authority is shared, the other holder must consent. Evidence of dependency and parental authority is required where applicable.

See recorded sources
Limits of the record
  • The page gives the core evidence types but not a complete case-specific document list or the detailed evidentiary test for dependency.
  • Descent
    Submit the birth certificate(s) that allow(s) for proof that the applicant is the direct blood relative in the descending line of the sponsor, spouse or partner.
  • Marriage / partnership considered equivalent to marriage in Belgium
    if the applicant cannot provide proof of the family relationship or relationship through marriage by means of official documents, the Immigration Office may take into account other valid evidence produced regarding this relationship.
  • Age - direct descendant
    The applicant must be under 18 years old or be dependent upon the Belgian national being joined and his/her spouse or partner in the country of origin or provenance.
  • Age - direct descendant
    Submit the applicant's birth certificate or proof that the applicant is dependent upon the joined Belgian national and his/her spouse or partner in the country of provenance or origin.
  • Parental authority - direct descendant
    If the applicant has not yet reached the age of 18, he or she must prove that the Belgian national being joined, or his/her spouse or partner, exercises parental authority over him or her, including custody rights.
  • Parental authority - direct descendant
    If parental authority is shared, the other holder of parental authority must agree to family reunification.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The Belgian sponsor must have stable, regular and sufficient means, adequate housing, and health insurance covering risks in Belgium for the family. The official source does not state the monetary threshold.

See recorded sources
Limits of the record
  • The linked pages on financial resources and housing contain additional rules not captured here; do not infer a numerical threshold from this page.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

As a rule, the application is submitted to the Belgian diplomatic or consular post responsible for the applicant's residence abroad; in some cases it may be submitted to the local municipality in Belgium. A qualifying descendant has a right to family reunification if the conditions are met; the official source does not state the resulting permit's duration, work rights, independent status or longer-term progression.

See recorded sources
Limits of the record
  • The captured page does not state permit duration, employment rights, independent-residence conditions or a path to long-term residence.
  • Application for family reunification
    As a rule, the application for family reunification is submitted to the Belgian diplomatic or consular post responsible for the family member's place of residence abroad (see Application submitted abroad).
  • Application for family reunification
    In some cases, the application may be submitted to the municipal administration of the place of residence in Belgium (see Application submitted in Belgium).
  • Conditions imposed on a direct descendant
    The direct descendant of a Belgian national who has not exercised his or her right to free movement or residence, en/or of spouse or partner, has a right to family reunification.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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