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Legally Registered Partner of a Third-Country Resident

BelgiumFamily

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

Official link

Which family relationships qualify?

A foreign national related to the third-country sponsor through a legally registered partnership qualifies as a 'legal partner'; partnerships equivalent to marriage in Belgium are separately identified as 'assimilated partners'.

See recorded sources
Limits of the record
  • The page identifies a legally registered partnership but does not define qualifying jurisdictions or its distinction from an assimilated partnership in detail.
  • Family members
    the foreign national to whom they are related by means of a legally registered partnership (legal partner);
  • Family members
    the foreign national with whom a registered partnership has been established that is considered equivalent to marriage in Belgium (assimilated partner);

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

The sponsor is a third-country national admitted or authorised to stay in Belgium for a limited or unlimited period; sponsor status can trigger special conditions, including international protection, Article 9ter medical residence or long-term residence from another EU state.

See recorded sources
Limits of the record
  • The precise sponsor status and any special family-reunification regime remain unverified from the incomplete page.
  • Introduction
    This page provides information on the general conditions for family reunification with a third country national admitted or authorized to stay in Belgium for a limited or unlimited period., and on the documents to be presented by the foreign national's family members who wish to accompany or join him or her in Belgium to live as a family.
  • Third-country-national definition
    Third country national means any foreign national who is not a national of any of the Member States of the European Union or the Schengen area, nor of a country associated with the European Union (Iceland, Lichtenstein, Norway, Switzerland).
  • Special sponsor situations
    Certain family members of a third-country national legally residing in Belgium may benefit from special conditions due to the situation of the sponsor in Belgium.
  • Special sponsor situations
    a foreign national to whom Belgium has granted international protection (refugee status or temporary protection)
  • Special sponsor situations
    a foreign national authorised to reside in Belgium for medical reasons (article 9ter of the Law)
  • Special sponsor situations
    a foreign national who has obtained long-term resident status in another European Union State.

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

In Belgium, a registered partnership means the declaration of legal cohabitation made before a civil registrar; the applicant submits that declaration or proof of a legal registered partnership. The relationship must be stable and lasting, shown by one of: the partners have lived together continuously in Belgium or another country for at least one year prior to the application; or they have known each other for at least two years prior to the application, maintained regular contact by telephone, correspondence or electronic messages, and met three times in the two years prior to the application for a total of 45 or more days; or they have a mutual child. The applicant and the sponsor must be over 21 years of age, reduced to 18 years if they had been living together for at least one year prior to the sponsor's arrival in Belgium. Both must be unmarried (proof of unmarried status is submitted), must not be in a long-term relationship with another person, and must not have been the subject of a final decision refusing the completion of the marriage under Article 167 of the Civil Code.

See recorded sources

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

The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities. The sponsor must have adequate housing for the family members who have asked to join them, meeting the conditions imposed on real estate leased as a principal residence under Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code. The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members. The official source does not state a numerical income threshold on this page.

See recorded sources
Limits of the record
  • The official source does not state a numerical income threshold on 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?

Under Article 10 or 10bis of the Act of 15 December 1980, the right to family reunification must be recognised if the legal partner proves with documents that the conditions have been met. If the sponsor holds a B, C, D, F, F+, K or L card (unlimited stay or settlement), the sponsor can only be joined after 12 months; there is no waiting period if the partnership existed before the sponsor's arrival in Belgium, if the partners have a mutual child, or if the sponsor is a beneficiary of international protection, and none for a sponsor with an A or H card (limited stay). The applicant must provide a medical certificate on the diseases listed in the annex to the Act and an extract from the criminal record or an equivalent document, and must come to live with the sponsor. The official source does not state where the application is lodged, which residence document is issued, how long it lasts, what work rights it gives or how the family member can obtain independent or longer-term status.

See recorded sources
Limits of the record
  • The official source does not state where the application is lodged, which residence document is issued, how long it lasts, what work rights it gives or how the family member can obtain independent or longer-term status.

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

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