[Article 10 or 10bis of the Act of 15 December 1980]
A third-country national residing legally in Belgium may, under certain conditions, be accompanied or joined by:
- his/her spouse;
- the foreign national with whom a registered partnership has been established that is considered equivalent to marriage in Belgium (assimilated partner);
- the foreign national to whom they are related by means of a legally registered partnership (legal partner);
- his/her minor children;
- the minor children of his/her spouse or partner;
- his/her adult and disabled children;
- the adult and disabled children of his/her spouse or partner;
The right to family reunification must be recognised if the aforementioned family members prove with documents that the conditions for family reunification have been met.
These conditions are determined by the bond between the foreign national residing legally in Belgium, and the foreign national who wishes to accompany or join them (marriage, partnership, descent).
The right to family reunification for a partner or an assimilated partner must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Marriage and partnership considered equivalent to marriage in Belgium
The applicant must be married to the sponsor or have entered into a partnership in Germany, Denmark, Finland, Iceland, Norway, Sweden or the United Kingdom.
→ Submit valid proof of marriage and, if marriage by proxy, a copy of the power of attorney. If the applicant or the sponsor has remarried, submit proof of the dissolution of the previous marriage, or proof of the death of the spouse; or
→ Submit valid proof of partnership considered equivalent to marriage in Belgium. If it is a new relationship, they must submit proof of the dissolution of the previous relationship (divorce certificate, spouse's death certificate, etc.).
Polygamy
The applicant is not entitled to family reunification when another spouse of the sponsor already resides in Belgium.
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the spouses prove that the marriage existed before the arrival of the sponsor in Belgium.
→ Submit the birth certificate of the applicant and the sponsor, or any other document that validly proves their age.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit (A, B, C, D, F, F+, H K , L, M or M+ card).
Waiting period for the sponsor who has a B, C, D, F or F+, K, L card:
If the sponsor is admitted or authorised to stay in Belgium for an unlimited period of time, or is authorised to settle there, he can only be joined after 12 months. For the calculation of this waiting period, the period during which the sponsor has resided in Belgium for a limited period of time is taken into account.
There is no waiting period in the following situations: (a) The marriage or partnership existed before the sponsor's arrival in Belgium, (b) The partners have a mutual child, and (c) The sponsor is authorised to stay in Belgium as a beneficiary of international protection.
The waiting period is not imposed on the sponsor residing in Belgium for a limited duration (A or H card).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provisions:
- H card (European Blue Card): The applicant's personal income is taken into account when assessing the means of subsistence of a sponsor who has an H card, if the family unit already existed in another European Union state.
- Long-term resident status: For the assessment of the means of subsistence of a sponsor who has obtained long-term resident status in another state of the European Union, the applicant's personal income is taken into account if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Housing
The sponsor must have adequate housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon property rented out as a main residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Adequate housing
Special provisions:
- H card (European Blue Card): If the family unit already existed in another state of the European Union, the sponsor who has an H card does not have to prove they have adequate housing.
- Long-term resident status: The sponsor who has obtained long-term resident status in another state of the European Union does not have to prove that he has adequate housing if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a long-term life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the marriage is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification for a legal partner must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Legal registered partnership
In Belgium, registered partnership refers to the declaration of legal cohabitation made before a civil registrar (see Articles 1475 et seq. of the Civil Code).
→ Submit the declaration of legal cohabitation or proof of a legal registered partnership.
Stable and lasting relationship
The relationship between the applicant and the sponsor must be stable and lasting. Proof of such a relationship can be provided in the following way:
- The partners have lived together continuously in Belgium or another country for at least one year prior to the application; or
- The partners have known each other for at least two years, prior to the application, and provide evidence that they maintained regular contact, by telephone, correspondence or electronic messages, and that they met three times in the two years prior to the application and that these meetings totalled 45 or more days; or
- The partners have a mutual child.
→ Submit evidence of the stable and lasting nature of the relationship.
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the partners prove that they had been living together for at least one year prior to the sponsor's arrival in Belgium.
→ Submit the birth certificate of the applicant and the sponsor, or any other document validly proving their age, and, if applicable, proof of cohabitation for at least one year prior to the sponsor's arrival in Belgium.
Unmarried status
The applicant and the sponsor must be unmarried.
→ Submit proof of unmarried status of the applicant and the sponsor.
No lasting relationship with another person
The applicant and the sponsor must not be in a long-term relationship with another person.
No partnership with a family member
The partnership does not give the right to family reunification when it is concluded between (i) relatives in the ascending and descending line and relatives in the same line, or (ii) in the lateral line, between brothers, between sisters, or between brothers and sisters, or between uncle and niece or nephew, or (iii) between aunt and niece or nephew.
No refused intended marriage
The applicant and the sponsor must not have been the subject of a final decision refusing the completion of the marriage based on Article 167 of the Civil Code.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit (A, B, C, D, F, F+, H K , L, M or M+ card).
Waiting period for the sponsor who has a B, C, D, F or F+, K, L card:
If the sponsor is admitted or authorised to stay in Belgium for an unlimited period of time, or is authorised to settle there, he can only be joined after 12 months. For the calculation of this waiting period, the period during which the sponsor has resided in Belgium for a limited period of time is taken into account.
There is no waiting period in the following situations: (a) The partnership existed before the sponsor's arrival in Belgium, (b) The partners have a mutual child, en (c) The sponsor is authorised to stay in Belgium as a beneficiary of international protection.
The waiting period is not imposed on the sponsor residing in Belgium for a limited duration (A or H card).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provisions:
- H card (European Blue Card): The applicant's personal income is taken into account when assessing the means of subsistence of a sponsor who has an H card, if the family unit already existed in another European Union state.
- Long-term resident status: For the assessment of the means of subsistence of a sponsor who has obtained long-term resident status in another state of the European Union, the applicant's personal income is taken into account if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Housing
The sponsor must have adequate housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Adequate housing
Special provisions:
- H card (European Blue Card): If the family unit already existed in another state of the European Union, the sponsor who has an H card does not have to prove they have adequate housing.
- Long-term resident status: The sponsor who has obtained long-term resident status in another state of the European Union does not have to prove that he has adequate housing if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a sustainable life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the marriage is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification for a minor child must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Descent
The applicant must prove descent from the sponsor, spouse or partner.
→ Submit a birth certificate, or any document that validly proves the fact that they are descended from the sponsor, their spouse or their partner.
Useful information: If the applicant cannot produce a deed that validly proves lineage, the Immigration Office will generally refuse the visa application, subject to a DNA test. If the other conditions for family reunification are met, the visa may be issued based on the positive result of this test.
Age
The applicant must be less than 18 years old.
→ Submit a birth certificate, or any document that validly proves their age.
Unmarried status
The applicant must be unmarried.
→ Submit proof of unmarried status if the applicant is old enough to validly enter into a marriage.
Custody rights
If the applicant's parents are divorced, the sponsor, spouse or partner must have custody rights. If custody is shared, the other holder of custody must consent to family reunification.
→ Submit proof that the sponsor, spouse or partner has custody rights and, if custody is shared, that the other holder of custody has given their consent
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit (A, B, C, D, F, F+, H K , L, M or M+ card).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provision: The sponsor with a B, C, D, F, F+, H K , L, M or M+ card (unlimited stay) does not have to prove means of subsistence if the applicant is his/her child or the child of his/her spouse (or assimilated partner), and if this child is unmarried, comes to live with him/her before reaching 18 years of age and is the only one coming to join the sponsor (i.e. the other parent does not apply for family reunification at the same time).
Housing
The sponsor must have adequate housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Adequate housing
Special provisions:
- H card (European Blue Card): If the family unit already existed in another state of the European Union, the sponsor who has an H card does not have to prove they have adequate housing.
- Long-term resident status: The sponsor who has obtained long-term resident status in another state of the European Union does not have to prove that he has adequate housing if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Co-habitation
The applicant must come to live with the sponsor.
The right to family reunification for a single adult disabled child must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Descent
The applicant must prove descent from the sponsor, spouse or partner.
→ Submit a birth certificate, or any document that validly proves the fact that they are descended from the sponsor, their spouse or their partner.
Useful information: If the applicant cannot produce a deed that validly proves lineage, the Immigration Office will generally refuse the visa application, subject to a DNA test. If the other conditions for family reunification are met, the visa may be issued based on the positive result of this test.
Age
The applicant must be more than 18 years old.
→ Submit a birth certificate, or any document that validly proves their age.
Unmarried status
The applicant must be unmarried.
→ Submit proof of unmarried status if the applicant is old enough to validly enter into a marriage.
Dependant
On account of their disability, the applicant cannot provide for their own needs.
→ Submit a certificate from a doctor recognised by the Belgian diplomatic or consular post competent for residence abroad, confirming that the applicant is unable to meet their own needs due to their disability.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit (A, B, C, D, F, F+, H K , L, M or M+ card).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Housing
The sponsor must have adequate housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Adequate housing
Special provisions:
- H card (European Blue Card): If the family unit already existed in another state of the European Union, the sponsor who has an H card does not have to prove they have adequate housing.
- Long-term resident status: The sponsor who has obtained long-term resident status in another state of the European Union does not have to prove that he has adequate housing if the applicant presents a "EU long-term resident" residence permit or a residence permit issued by the state that granted long-term resident status to the sponsor, as well as proof of residence as a family member of the sponsor in this state.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.