Family reunification between EU citizens

Union citizens who intend to stay in Belgium for more than 3 months as a family member of another EU citizen, of a citizen of one of the countries associated with the European Union (Iceland, Lichtenstein, Norway and Switzerland) or of a Belgian who has exercised his/her right to free movement and residence, must submit an application for a registration certificate to the municipal administration of the place of their residence, at the latest by the end of the 3-month period following the date of entry. (annex 19)

The beneficiaries of a right to family reunification are:

• the spouse of the EU citizen or the foreign national with whom he/she is linked by a registered partnership considered equivalent to marriage in Belgium;
• the foreign national with whom the EU citizen is linked by a registered partnership in accordance with a law (legal cohabitation);
• the direct descendants of the EU citizen and those of his/her spouse or registered partner, aged under 21;
• the direct descendants of the EU citizen and those of his/her spouse or registered partner, aged over 21 and who are dependent on them in the country of origin or provenance;
• the direct relatives in the ascending line of the EU citizen and those of his/her spouse or partner who are dependent on them in the country of origin or provenance;
• the direct relatives in the first degree in the ascending line who exercise parental authority, including custody rights, over a minor EU citizen.

_{Please note: if the EU citizen is a student (as defined in 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. The situation of the EU citizen at the time of submitting the family reunification application is taken into account.}

Union citizens who intend to stay in Belgium for more than 3 months as a family member of another EU citizen, of a citizen of one of the countries associated with the European Union (Iceland, Lichtenstein, Norway and Switzerland) or of a Belgian who has exercised his/her right to free movement and residence, must submit an application for a registration certificate to the municipal administration of the place of their residence, at the latest by the end of the 3-month period following the date of entry. (annex 19)

Applicants must submit proof of their EU citizenship in support of their application. If the applicant does not present this proof, the municipal administration will not consider the application (annex 19quinquies) and will not issue an annex 19.

The applicant is entered in the waiting register pending the result of the residence check. If the check is positive, the applicant is entered in the register of foreign nationals. If the check is negative, the applicant is removed from the waiting register (no right to registration).

_{Good to know : 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/her right of free movement and residence.}

_{Good to know: proof of European citizenship can be provided, in particular, by a valid or expired national passport, a valid or expired national identity card, or a declaration of presence.}

_{Good to know: the Immigration Office may impose an administrative fine of €200 on an EU citizen who has not applied for a residence permit by the end of the 3-month period following his/her entry into Belgium. This fine is collected in accordance with Article 42octies of the law of 15 December 1980.}

When applying for the registration certificate or at the latest within 3 months after the application, the applicant must submit documents proving that he/she meets the conditions for family reunification.

Spouse and foreign national in a registered partnership considered equivalent to marriage in Belgium (1)

• proof of marriage or partnership; (2)
• proof that he/she is covered by the health insurance taken out by the EU citizen; (3)
• proof that the EU citizen has sufficient resources so that he/she will not become a burden on the Belgian social assistance system during his/her stay. (3) (4)

Foreign national in a partnership registered under a law

• proof of partnership; (2)
• proof that the partners are over 21 years of age or over 18 years of age if they cohabited for at least one year prior to the EU citizen's arrival in Belgium;
• proof that the partners are single;
• proof that the partners have a durable and stable relationship.

_{The stable and lasting nature of a relationship is established (a) if the partners prove that they have cohabited in Belgium or another country continuously for at least one year prior to the application, or (b) if the partners prove that they have known each other for at least two years prior to the application and provide evidence that they have maintained regular contact by telephone, by ordinary mail or e-mail and that they have met three times in the two years prior to the application and that these meetings lasted for a total of 45 days or more, or (c) if the partners have a child in common.}

• proof that he/she is covered by the health insurance taken out by the EU citizen; (3)
• proof that the EU citizen has sufficient resources so that he/she will not become a burden on the Belgian social assistance system during his/her stay. (3) (4)

_{Please note: the partner does not have a right to family reunification if the partnership is concluded between (a) ascendants and descendants and relatives in the same line; (b) in a collateral line, between brothers, sisters or between brothers and sisters; or (c) between an uncle and a niece or nephew, or between an aunt and a niece or nephew. Furthermore, the partners may not have been the subject of a final decision refusing to celebrate the marriage on the basis of Article 167 of the Civil Code.}

Direct descendants of the EU citizen and those of his/her spouse or registered partner

• proof of family relationship; (2)
• proof that the descendant is under 21 years of age or proof that the descendant is dependent on the EU citizen, his/her spouse or partner;
• if the descendant is a minor born from a previous relationship of the EU citizen, his/her spouse or partner, proof that the latter has custody rights and, in case of shared custody, the agreement of the other holder of custody on the descendant's stay in Belgium;
• proof that he/she is covered by the health insurance taken out by the EU citizen; (3)
• proof that the EU citizen has sufficient resources so that he/she will not become a burden on the Belgian social assistance system during his/her stay. (3) (4)

Direct descendants of the EU citizen and those of his/her spouse or registered partner

• proof of family relationship; (2)
• proof that the ascendant is dependent on the EU citizen, his/her spouse or partner in the country of origin or provenance;
• proof that he/she is covered by the health insurance taken out by the EU citizen, unless the EU citizen is a student; (3)
• proof that the EU citizen has sufficient resources so that he/she will not become a burden on the Belgian social assistance system during his/her stay, unless the EU citizen is a student; (3) (4)

Direct ascendants in the first degree of a minor EU citizen

• proof of family relationship; (2)
• proof that the ascendant exercises parental authority, including custody rights, over the minor EU citizen;
• proof that the ascendant effectively takes care of the minor EU citizen;
• proof that the ascendant has health insurance covering all risks in Belgium for himself/herself and for the minor EU citizen, unless the latter already has permanent residence;
• proof that the ascendant has sufficient resources to support himself/herself and the minor EU citizen and not to become a burden on the Belgian social assistance system, unless the latter already has permanent residence. (4)

(1) This is the partnership concluded in Denmark, Germany, Finland, Iceland, Norway, Sweden and the United Kingdom.

(2) Civil status documents must be translated by a sworn translator if they are not drawn up in French, Dutch, German or English. Foreign civil status documents must generally be legalized or apostilled. More information on the FPS Foreign Affairs website.

(3) If the EU citizen is authorised to stay for more than 3 months because he has sufficient resources and a health insurance for himself/herself (as defined in Article 40, § 4, paragraph 1, 2° of the law of 15 December 1980) or if he/she is authorised to stay for more than 3 months as a student (as defined in Article 40, § 4, paragraph 1, 3° of the law of 15 December 1980).

(4) Sufficient resources | IBZ

If the applicant has not submitted the documents proving that he/she meets the conditions for family reunification when applying for a registration certificate, or at the latest within 3 months after the application, the municipal administration will notify him/her of a decision to refuse residence for more than three months (annex 20), without an order to leave the territory. The applicant is removed from the register of foreign nationals, with loss of the right of residence.

The applicant is granted a further period of 1 month starting from the notification of annex 20 to submit the documents. If, at the end of this new period, the applicant has still not submitted the documents, the municipal administration will notify a decision to refuse a stay of more than three months (annex 20), without an order to leave the territory.

If the applicant has submitted the documents proving that he/she meets the conditions for family reunification when applying for a registration certificate, or at the latest within 3 months after the application, the municipal administration will forward his/her file to the Immigration Office for a decision.

If the applicant has submitted the documents within the additional period of 1 month granted after notification of a decision to refuse a stay of more than three months (annex 20), the municipal administration will withdraw the decision. However, removal with loss of the right of residence will only be cancelled if the Immigration Office makes a positive decision.

_{Good to know: the administration can immediately recognise the right of residence of the spouse, partner (partnership considered equivalent to marriage in Belgium) or minor child of an EU citizen who provides all the documents within the 3-month period, which may be extended by one month.}

The Immigration Office must make its decision at the latest 6 months after the date of the application for a registration certificate (annex 19).

_{Good to know: it may happen that the Immigration Office makes its decision after this 6-month period by virtue of the judgment of the Court of Justice of the European Union of 27 June 2018 (C-246/17 - Diallo).}

If the decision is positive, the municipal administration will issue an annex 8ter valid for 45 days while waiting for the EU card, after potential withdrawal of annex 20. This EU card is valid for 5 years and bears the mention ‘Labour market: unlimited’.

If the decision is negative, the municipal administration will notify a decision to refuse a stay of more than three months (annex 20), without an order to leave the territory.