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Spouse or Equivalent Partner of an EU/EEA/Swiss Citizen

BelgiumFamily

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

Official link

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 qualifies, where the sponsor is an EU citizen or a citizen of an associated country including Switzerland, Norway, Iceland and Liechtenstein.

See recorded sources
Limits of the record
  • The page combines EU and associated-country nationals; it does not set out every EEA/Swiss bilateral rule or prove that all route-title cases have identical treatment.
  • Family members
    the spouse or the foreign national with whom he/she is in a registered partnership considered to be equivalent to marriage in Belgium;
  • Introduction
    Switzerland, Norway, Iceland and Liechtenstein

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

The sponsor must be an EU/associated-country citizen with a right to stay in Belgium for more than three months; proof may be an Annex 8ter, E card, EU card or Annex 19. If the sponsor is a student, eligible family is limited to the spouse/registered partner and children.

See recorded sources
Limits of the record
  • Confirm sponsor movement and the exact national/associated-country instrument in the individual case; EU student sponsors have a narrower family list.
  • 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 marriage or an equivalent registered partnership, and show that the sponsor has the right to stay in Belgium for more than three months.

See recorded sources
Limits of the record
  • The page does not provide an exhaustive document list or explain all recognition rules for equivalent partnerships.
  • Conditions imposed on the spouse/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 spouse/partner
    prove that he/she is married to the EU citizen being accompanied or joined, or that he/she is in a registered partnership with the EU citizen that is considered to be equivalent to marriage in Belgium;
  • 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).

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

If the sponsor resides as a student, the applicant must show cover under the sponsor's health insurance and sufficient sponsor resources. Similar insurance and resource proof applies when the sponsor resides on sufficient means; this proof is not required if the sponsor already has permanent residence. The official source does not state a general monetary threshold.

See recorded sources
Limits of the record
  • The page links elsewhere for full means and insurance rules and does not give a monetary threshold in this captured text.

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 a visa is required and the EU movement is covered by Directive 2004/38/EC, a C entry visa with an accelerated assessment is available, but that visa is not a residence card. A stay over 90 days requires a separate family-reunification application at the local municipality. The official source does not state the resulting permit's duration, work rights or independent/long-term progression.

See recorded sources
Limits of the record
  • Directive coverage depends on actual cross-border movement; the page does not state residence-card duration, work rights or independent/long-term status.
  • 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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