A Belgian national may be accompanied or joined in Belgium by certain family members, under certain conditions. However, a distinction must be made between a Belgian national who exercised his or her right to and residence and a Belgian national who did not exercise this right.
The family members of a Belgian national who has exercised his or her right to free movement and residence are subject to the same provisions as the family members of an EU citizen, under certain conditions. (cf. article 40bis of the Act of 15 December 1980). The family members of a Belgian national who has not exercised his or her right to freedom of movement and residence are subject to the provisions of article 40ter, §2, of the Act of 15 December 1980. As a rule, the application for must be made abroad (application submitted abroad). In certain situations, the application can be made in Belgium (application submitted in Belgium). |