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Spouse or Equivalent Partner of a Belgian 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?

A spouse, or a foreign national in a partnership recognised in Belgium as equivalent to marriage, is listed as a family member. For the equivalent-partnership route, the page identifies partnerships entered into in Germany, Denmark, Finland, Iceland, Norway, Sweden or the United Kingdom.

See recorded sources
Limits of the record
  • The page does not state the documentary criteria used to recognise a partnership as equivalent beyond naming jurisdictions; confirm the applicable recognition rule for the particular partnership.
  • Family members
    the spouse or the foreign national with whom he or she is in a registered partnership considered to be equivalent to marriage in Belgium;
  • Marriage / partnership considered equivalent to marriage in Belgium
    The applicant must be married to the Belgian national being joined or have entered into a partnership with him/her in Germany, Denmark, Finland, Iceland, Norway, Sweden or the United Kingdom.

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 the right to free movement or residence. The Belgian Immigration Office says a qualifying spouse or equivalent partner has a right to family reunification when the conditions are met.

See recorded sources
Limits of the record
  • This page covers a Belgian sponsor who has not exercised free movement; it does not establish a separate cross-border/free-movement family route.
  • Page heading
    Family reunification with a Belgian national who has not exercised his right to free movement (article 40ter)
  • Conditions imposed on the spouse / partner
    The spouse or partner of a Belgian national who has not exercised his or her right to free movement or residence has a right to family reunification.

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

The applicant and Belgian sponsor generally must be over 21; the minimum falls to 18 if they prove the marriage existed before the application. The applicant must submit age evidence and official relationship documents and, where a new marriage or relationship follows an earlier one, proof that the earlier union ended. The Immigration Office may consider other valid relationship evidence if official documents cannot be provided.

See recorded sources
Limits of the record
  • The page links to further rules for relationship documents and does not give a complete case-specific document list.
  • Age - spouse/partner
    The applicant and Belgian national must be over 21 years of age.
  • Age - spouse/partner
    This minimum age is reduced to 18 years if the individuals prove that the marriage existed before the application for family reunification was submitted.
  • Age - spouse/partner
    Submit the birth certificate of the applicant and the Belgian national, or any other document that validly proves their age.
  • Marriage / partnership considered equivalent to marriage in Belgium
    In general, the applicant must present official documents in accordance with article 30 of the Act of 16 July 2004 on the Code of Private International Law or international conventions on the same subject to establish his or her relationship or relationship through marriage to the foreign national being joined.
  • Marriage / partnership considered equivalent to marriage in Belgium
    If the applicant or the Belgian national being joined remarries, or in the case of a new relationship, the persons concerned must provide evidence of the dissolution of the previous marriage or relationship (divorce certificate, death certificate of the spouse or partner, etc.) in addition to evidence of the marriage or partnership.
  • 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.

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

The Belgian sponsor must have stable, regular and sufficient means, sufficient accommodation, and health insurance covering risks in Belgium for the sponsor and family. The applicant must come to live with the Belgian sponsor. The official page links to further detail on resources and housing but does not give the applicable monetary threshold here.

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.
  • Means of subsistence - spouse/partner
    The Belgian national 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.
  • Housing - spouse/partner
    The Belgian national must have sufficient housing to accommodate the family member(s) who have asked to join them
  • Insurance - spouse/partner
    The Belgian national must have health insurance that covers the risks in Belgium for themselves and their family members.
  • Co-habitation - spouse/partner
    The applicant must come to live with the Belgian national.

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. The page describes a right to family reunification if conditions are met, but does not specify 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 the spouse / partner
    The spouse or partner of a Belgian national who has not exercised his or her right to free movement or residence 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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