Family reunification with a citizen of the EU or countries associated with the EU

The spouse of a European Union (EU) citizen applying for family reunification must:

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.); 
• prove that he/she is married to the EU citizen being accompanied or joined, or that he/she is in a registered partnership with the EU citizen that is considered to be equivalent to marriage in Belgium;
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19).

_{Warning: if the EU citizen is authorised to stay for more than 3 months as a student (within the meaning of article 40, §4, paragraph 1, 3° of the Law of 15 December 1980), his/her spouse must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay. This proof can be provided by means of a declaration in honor of the EU citizen or an equivalent means of proof of his/her choice.}

_{Warning: if the EU citizen is authorised to stay for more than 3 months because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her spouse must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay.} 

The registered partner of a European Union (EU) citizen applying for family reunification must:

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• prove that he/she is in a partnership registered under a law with the accompanied or joined EU citizen (e.g. a declaration of legal cohabitation in Belgium);

_{Please note:}

• _{The applicant and the foreign national being joined may not have a lasting relationship with another person.}
• _{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.}
• _{The applicant and the foreign national joined must not have been the subject of a final decision refusing the completion of the marriage based on Article 167 of the Civil Code.}

• prove that the partners have a lasting and stable relationship.

_{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.}

• prove that the partners are over 21 years of age or over 18 years of age if they have been cohabiting for at least one year prior to the arrival in Belgium of the EU citizen being accompanied or joined;
• prove that the partners are single;
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19).

_{Warning: if the EU citizen is authorised to stay for more than 3 months as a student (within the meaning of article 40, §4, paragraph 1, 3° of the Law of 15 December 1980), his/her partner must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay. This proof can be provided by means of a declaration in honor of the EU citizen or an equivalent means of proof of his/her choice.}

_{Warning: if the EU citizen is authorised to stay for more than 3 months because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her partner must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay.} 

A direct descendant of a European Union (EU) citizen and/or his/her spouse or partner applying for family reunification must:

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• establish his/her parentage with the EU citizen being joined or accompanied and/or with his/her spouse or partner;
• be under 21 years of age or prove that he/she is dependent on the EU citizen being joined or accompanied and/or on his/her spouse or partner in the country of origin or provenance;
• prove that the EU citizen being joined or accompanied and/or his/her spouse or partner has custody and, in the event of shared custody, that the other holder of custody rights has given his/her agreement;
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19).

_{Warning: if the EU citizen is authorised to stay for more than 3 months as a student (within the meaning of article 40, §4, paragraph 1, 3° of the Law of 15 December 1980), his/her direct descendant or that of his/her spouse or partner must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay. This proof can be provided by means of a declaration in honor of the EU citizen or an equivalent means of proof of his/her choice.}

_{Warning: if the EU citizen is authorised to stay for more than 3 months because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her direct descendant or that of his/her spouse or partner must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay.} 

A first-degree relative in the direct ascending line of a minor European Union (EU) citizen applying for family reunification must:

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• establish the parentage of the minor EU citizen being joined or accompanied; 
• prove that he/she exercises parental authority, including custody rights, over the minor EU citizen being joined or accompanied;
• prove that he/she is effectively looking after the minor EU citizen being joined or accompanied.

_{Please note: according to the Court of Justice of the European Union, the concept of “effectively looking after” should be understood as being responsible for the day-to-day care and education without which the minor EU citizen would not be able to reside on the territory of the host Member State. Care and education of a marginal nature do not meet the condition of effective care laid down by the Court of Justice of the European Union, as it can be assumed that the right of free movement and residence of a minor Union citizen would not be hampered if the right of residence were denied to a parent who provides only minimal care. For this reason, a condition is set that the care provided by the parent must be effective. The notion of providing effective care, in addition to day-to-day care and education, also includes the aspect of care and material assistance.}

• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19);
• prove that he/she has sufficient resources to support him/herself and the minor EU citizen being joined or accompanied so as not to become a burden on the Belgian social assistance system, unless the minor EU citizen already has a permanent residence permit;
• prove that he/she has health insurance covering all risks in Belgium for himself/herself and for the minor EU citizen being joined or accompanied.

This other family member of a European Union (EU) citizen must: 

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19);
• prove by any appropriate means that the partners have a lasting and stable relationship. 

_{Please note:}

• _{The applicant and the foreign national being joined may not have a lasting relationship with another person.}
• _{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.}
• _{The applicant and the foreign national joined must not have been the subject of a final decision refusing the completion of the marriage based on Article 167 of the Civil Code.}

_{Warning: if the EU citizen is authorised to stay for more than 3 months because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her direct relative in the ascending line or that of his/her spouse or partner, must also submit:}

• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen ;} 
• _{proof that the EU citizen has sufficient means of subsistence to prevent him/her from being a burden on the Belgian social security system during his/her stay.} 

This other family member of a European Union (EU) citizen must: 

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19);
• prove by any appropriate means that he/she is dependent on the EU citizen accompanied or joined in the country of provenance, or that he/she is part of his/her household in the country of provenance. 

_{Warning: if the EU citizen is authorised to stay for more than 3 months as a student (within the meaning of article 40, §4, paragraph 1, 3° of the Law of 15 December 1980), or because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her direct relative in the ascending line or that of his/her spouse or partner, must also submit:}

• _{proof that the EU citizen has sufficient resources;}
• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen.}

This other family member of a European Union (EU) citizen must: 

• prove his/her identity (valid or expired national passport, certificate in lieu of a valid passport with photo, national identity card, consular card with accurate identification, etc.);
• prove that he/she has a serious health problem; 
• prove that his/her state of health requires him/her to be cared for by a third party;
• prove that the EU citizen is the third party who must imperatively and personally take care of him/her;
• prove that the EU citizen has the right to stay in Belgium for more than 3 months (annex 8ter/E card/EU card/annex 19).

_{Warning: if the EU citizen is authorised to stay for more than 3 months as a student (within the meaning of article 40, §4, paragraph 1, 3° of the Law of 15 December 1980), or because he/she has sufficient resources and health insurance (within the meaning of article 40, §4, paragraph 1, 2° of the Law of 15 December 1980), his/her direct relative in the ascending line or that of his/her spouse or partner, must also submit:}

• _{proof that the EU citizen has sufficient resources;}
• _{proof that he/she is covered by the health insurance policy taken out by the EU citizen.}

_{[Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States]}

Directive 2004/38/EC

The only requirement that Belgium can impose on a non-EU foreign national who is a (another) family member of an EU citizen is an entry visa (C visa), provided that this family member is subject to this requirement for a short stay in the Schengen area.

An application for an entry visa is examined in accordance with the special provisions laid down by Directive 2004/38/EC, provided that the EU citizen’s family members prove with documents that their movement is covered by this directive. Thus, the burden of proof rests with the family members making the application. It is therefore not sufficient to invoke Directive 2004/38/EC to automatically benefit from its special provisions.

The visa application of the EU citizen's family members whose movement is not covered by the directive will be examined in accordance with the general provisions of the Visa Code. (Read more in Short Stay)

Movements covered by Directive 2004/38/EC

Directive 2004/38/EC applies if the answer to the following three questions is positive (3 X YES)

1. Is the accompanied or joined EU citizen's movement covered by Directive 2004/38/EC?

The answer is YES in the following situations:

• The EU citizen travels to an EU Member State other than the one of which he/she is a national => he/she exercises his/her right to free movement and residence. 
• The EU citizen is already residing in an EU Member State other than the one of which he/she is a national => he/she exercises his/her right to free movement and residence. 
• The EU citizen returns to the EU Member State of which he/she is a national after having resided legally for at least 3 months in another EU Member State. In this case, the family member applying for an entry visa had to be part of the family unit in the host State in order to be a beneficiary of the directive.

2. Is the applicant a(nother) family member of the EU citizen being accompanied or joined?

The family members and other family members of an EU citizen who have a right to family reunification are described above. (see articles 40bis and 47/2 of the Law of 15 December 1980)

3. Is the applicant accompanying or joining an EU citizen whose movement is covered by Directive 2004/08/EC?

The movement of the family member of an EU citizen must be genuinely linked with the movement of that EU citizen. In other words, the directive does not cover the movement of a family member of an EU citizen who is travelling alone or who is not joining an EU citizen.

Documents to be submitted with the visa application

As a general rule, the family member of an EU citizen (within the meaning of article 40bis of the Law of 15 December 1980) whose movement is covered by Directive 2004/38/EC must submit :

• a valid passport;
• proof of his/her family or marital ties with the EU citizen being accompanied or joined;
• proof that the EU citizen being accompanied or joined is travelling to or already residing in an EU Member State other than the one of which he/she is a national, or that he/she is returning to the EU Member State of which he/she is a national after having spent at least 3 months in another EU Member State;
• proof that he/she is accompanying or joining this EU citizen.

Generally speaking, another family member of an EU citizen (within the meaning of article 47/2 of the Law of 15 December 1980) must also, depending on the case, submit documents certifying:

• the durable and stable nature of a relationship with the EU citizen; or
• the fact that he/she is dependent on or is part of the household of the EU citizen in the country of provenance; or
• the fact that his/her state of health absolutely requires the EU citizen to look after him/her personally.

The authorities responsible for examining the visa application may require a supporting document to be translated, notarised or authenticated if it is written in a language they do not understand, or if there is any doubt about the authenticity of the document.

Special provision

The family members of an EU citizen whose movements are covered by Directive 2004/38/EC benefit from the following special provision:

• Direct access to the Belgian embassy or consulate: family members can submit their visa application directly to the Belgian diplomatic or consular post responsible for their place of residence, in accordance with the arrangements laid down by that post. In other words, the family member does not have to contact the private firm that receives the visa applications on behalf of the post.

_{Please note: visa applications submitted under Directive 2004/38/EC are covered by the various representation agreements signed by Belgium with another Schengen State. If Belgium is represented by another Schengen State in the country of residence, the family member will need to contact that other Schengen State.}

• Visa application form: the family member does not have to complete boxes 21, 22, 30, 31 and 32 of the visa application form.

• Visa fees: a family member, within the meaning of article 40bis of the Law of 15 December 1980, does not have to pay visa fees (free of charge). However, a family member, within the meaning of article 47/2 of the Law, must pay the visa fees, unless he/she is exempted in accordance with article 16 of the Visa Code.

• Accelerated procedure: the assessment of the visa application must, as much as possible, be completed within 15 days from the moment when the family member has proved, with documents, that his/her movement is covered by Directive 2004/38/EC.

Decision 

The family member of an EU citizen whose visa application is accepted will receive an entry visa for the Schengen Area (visa type C) marked BNL 11.

_{Warning: the issuing of an entry visa under Directive 2004/38/EC does not count as the issuing of a residence card. Consequently, a family member who wishes to stay in Belgium for more than 90 days must submit a residence application to the municipal administration for his/her place of residence in Belgium and prove that he/she meets the conditions for family reunification.}

The Immigration Office may refuse a visa application based on Directive 2004/38/EC on the following grounds :

• The applicant has not been able to prove, on the basis of his/her visa application and the supporting documents submitted, that his/her movement is covered by the directive. 

• The Immigration Office demonstrates that the applicant represents a real, immediate and sufficiently serious threat to public order, public safety or public health.

• The Immigration Office demonstrates that there has been abuse or fraud.

A family member who wishes to stay in Belgium for more than 90 days in order to live as a family with the EU citizen being accompanied or joined must submit an application for family reunification to the municipal administration of the place where he/she resides in Belgium. 

Read more in "Application submitted in Belgium".