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Minor Child of a Third-Country Resident or Partner

BelgiumFamily

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

Official link

Which family relationships qualify?

The page lists the sponsor's joint minor children and the minor children of the sponsor or the sponsor's spouse/partner as family members.

See recorded sources
Limits of the record
  • The page lists joint minor children and minor children of the sponsor or partner; it does not specify age cut-offs beyond 'minor' or every covered family situation.
  • Family members
    their joint minor children;
  • Family members
    the minor children of the foreign national being joined, or of his or her spouse or 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. The page flags possible special conditions where the sponsor has international protection, Article 9ter medical residence or long-term residence in another EU state.

See recorded sources
Limits of the record
  • Special sponsor categories are named but their route-specific rules are not provided.
  • 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?

The child must prove descent from the sponsor, the sponsor's spouse or partner with a birth certificate or any document that validly proves it. If no deed validly proves lineage, the Immigration Office will generally refuse the visa application, subject to a DNA test; if the other conditions are met, the visa may be issued on a positive test result. The child must be less than 18 years old and unmarried, with proof of unmarried status if old enough to validly marry. If the child's parents are divorced, the sponsor, spouse or partner must have custody rights; if custody is shared, the other holder of custody must consent, and proof of custody and of that consent is submitted.

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. A sponsor with a B, C, D, F, F+, H, K, L, M or M+ card (unlimited stay) does not have to prove means of subsistence if the applicant is the sponsor's child or the child of the sponsor's spouse (or assimilated partner), is unmarried, comes to live with the sponsor before reaching 18 years of age and is the only one coming to join the sponsor (the other parent does not apply at the same time). 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 child proves with documents that the conditions have been met; DOFI refers to the child's visa application. The applicant must provide a medical certificate on the diseases listed in the annex to the Act 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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