The sponsor is a Belgian national

_{[Article 40ter of the Act of 15 December 1980 amended by the Act of 10 March 2024 - Entry into force on 1 September 2024]}

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

 Every European Union (EU) citizen has the right to enter and stay freely for three months in the territory of a Union country other than that of which they are a national.When we refer to an EU citizen, we are acknowledging the nationals of the Member States of the European Union and countries associated with the European Union (Iceland, Norway, Liechtenstein, and Switzerland). Family members of EU citizens have the same rights as the citizen, whether they are EU citizens or nationals of a third country.  The only obligation that may be imposed on third-country nationals who are family members of an EU citizen is an entry visa for the Schengen territory, regardless of the intended duration of stay (short or long stay).

and residence and a Belgian national who did not exercise this right.

_{A Belgian national who, after having effectively resided in another Member State of the European Union in accordance with Article 21 of the Treaty on the Functioning of the European Union, returns to Belgium to settle is considered to have exercised his or her right of free movement and residence.}

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.