Family reunification with a Belgian national who has exercised his right to free movement (article 40ter)

_{[Article 40ter, §1, 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 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

 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.

The family members of this Belgian national, who accompany or join him/her in Belgium, are subject to the same provisions as the family members of a citizen of the European Union, provided that the following three cumulative conditions are met:

• family life evolved or was consolidated during the actual stay of the Belgian national and the family member in another Member State of the European Union; and
• the family members join or accompany the Belgian national in Belgium; and
• family life did not end prior to the family member's entry into Belgium or prior to the submission of the application for a right of residence in the context of a

  A procedure that allows a foreigner to obtain a residence permit to join a family member legally residing in a country.

  .

Family members who fail to meet these three conditions are subject to the same provisions as family members of a Belgian national who has not exercised his or her right to free movement. 

Read more about the provisions applicable to family members of a European Union citizen.