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Durable De Facto Partner of an EU/EEA/Swiss Citizen

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?

An unregistered partner may be treated as an 'other family member' if the partner has a proven long-term relationship with the EU citizen.

See recorded sources
Limits of the record
  • The page requires a proven lasting relationship but does not define a single minimum duration for the unregistered-partner category.
  • Other family members
    the unregistered partner with whom the accompanied or joined EU citizen has a proven long-term relationship ("de facto partner");

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

The sponsor is the EU/associated-country citizen being joined and must prove a right to stay in Belgium for more than three months. The page warns that a student sponsor may be joined only by a spouse/registered partner and children, so it does not establish this unregistered-partner route for a student sponsor.

See recorded sources
Limits of the record
  • Confirm sponsor movement and associated-country scope for the individual case; more than three months' Belgian stay-right proof is required. A student sponsor's permitted family list is narrower and does not list a de facto partner.
  • Conditions imposed on the spouse/partner
    prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19).
  • Family members - student sponsor warning
    If the EU citizen is a student, within the meaning of article 40, §4, paragraph 1, 3°, of the Law of 15 December 1980) he/she may only be joined by his/her spouse or registered partner and by his/her children, or those of his/her spouse or partner.

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

The applicant must prove identity and, by appropriate means, that the relationship is lasting and stable. The page also says the couple must not have a lasting relationship with another person and lists certain prohibited close-relative partnerships.

See recorded sources
Limits of the record
  • The page says any appropriate means but does not give a complete evidence checklist; close-relative and competing-relationship bars apply.
  • Conditions imposed on the unregistered partner
    prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
  • Conditions imposed on the unregistered partner
    prove by any appropriate means that the partners have a lasting and stable relationship.
  • Please note - unregistered partner
    The applicant and the foreign national being joined may not have a lasting relationship with another person.
  • Please note - unregistered partner
    The partnership does not give the right to family reunification when it is concluded between (i) relatives in the ascending and descending line and relatives in the same line, or (ii) in the lateral line, between brothers, between sisters, or between brothers and sisters, or between uncle and niece or nephew, or (iii) between aunt and niece or nephew.

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

If the sponsor resides on sufficient means, the applicant must show cover under the sponsor's health insurance and sufficient sponsor resources; these are not required if the sponsor already has permanent residence. The official page gives no monetary threshold.

See recorded sources
Limits of the record
  • Full financial and insurance details are linked elsewhere; no monetary threshold is present in the capture.

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?

Where visa-required movement is covered by Directive 2004/38/EC, the page describes a C visa and accelerated procedure, but the visa is not a residence card. A stay over 90 days requires a separate municipal family-reunification application. Permit duration, work rights and independent/long-term progression are not stated.

See recorded sources
Limits of the record
  • Directive coverage is case-specific; no residence-card duration, work rights or independent/long-term progression is stated.
  • Application for an entry visa (C visa)
    The only requirement that Belgium can impose on a non-EU foreign national who is a (another) family member of an EU citizen is an entry
  • Special provision - accelerated procedure
    the assessment of the visa application must, as much as possible, be completed within 15 days from the moment when the family member has proved, with documents, that his/her movement is covered by Directive 2004/38/EC.
  • Decision - entry visa
    the issuing of an entry visa under Directive 2004/38/EC does not count as the issuing of a residence card.
  • Application for family reunification
    A family member who wishes to stay in Belgium for more than 90 days in order to live as a family with the EU citizen being accompanied or joined must submit an application for
  • Application for family reunification
    to the municipal administration of the place where he/she resides in Belgium.

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

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