Residence application

The application for family reunification must be submitted to the municipal administration of the place where the family member resides in Belgium.

The procedure, the documents issued by the municipal administration, the examination period and the residence permit issued following a positive examination depend on the type of family reunification. The different scenarios are detailed below.

Family members who are not authorised to submit their application for family reunification in Belgium must submit this application abroad. [See Visa application]

_{The annexes mentioned on these pages are the annexes to the Royal Decree of 8 October 1981 on access to the territory, residence, establishment and expulsion of foreign nationals.}

Family reunification between a Belgian national and a EU foreign national

Submitting the application for family reunification in Belgium is authorised.

The procedure is as follows:

The family members must submit their application for family reunification at the municipal administration of their place of residence. The municipal administration will issue them with an annex 19 on presentation of proof that they are a national of a Member State of the European Union or of an associated country (Iceland, Lichtenstein, Norway and Switzerland).

The applicant must present proof that they meet the conditions for family reunification within 3 months from the date indicated in Annex 19.

_{If the applicant provides the documents within the time period and resides in the municipality (positive residence investigation), the municipal administration will forward the application to the Immigration Office.}

_{If the applicant does not provide the documents within the time period, but resides in the municipality (positive residence investigation), the municipal administration will notify an annex 20 and will give the applicant a new time period of 1 month to provide the documents. If the family member provides the documents within this new time period, the municipal administration will forward the application to the Immigration Office. However, if the family member does not provide the documents within this new time period, the municipal administration issues an annex 20.}

_{If the family member does not reside in the municipality (negative residence investigation), they will be removed from the National Register.}

The Immigration Office must take a decision within 6 months of the date shown on Annex 19. If the Immigration Office accepts the application, the municipal administration will issue the family member with an annex 8ter or an EU card. If the Immigration Office refuses the application, the municipal administration will notify an annex 20.

Family reunification between a Belgian national and a non-EU foreign national

Submitting the application for family reunification in Belgium is authorised. The procedure is as follows:

The family member must submit their application for family reunification at the municipal administration of their place of residence. Unless exempted, they must also present proof of full payment of the fee. Otherwise, the application is declared inadmissible.

The municipal administration will issue an annex 19ter upon presentation of proof that they are a family member of a Belgian national.

If the applicant resides in the municipality (positive residence investigation), the municipal administration will issue an annex 19ter valid for 6 months, starting from the date indicated in annex 19ter. If the applicant does not reside in the municipality (negative residence investigation), the municipal administration will notify an annex 20.

The applicant must present proof that they meet the conditions for family reunification within 3 months from the date indicated in Annex 19ter.

_{If the documents are produced within the time limit, the municipal administration forwards the file to the Immigration Office.}

_{If the documents are not presented within the time period, the municipal administration will notify an annex 20.}

The Immigration Office must make its decision within 6 months from the date indicated in annex 19ter. If the Immigration Office accepts the application, the municipal administration will issue the applicant with a F card. If the Immigration Office refuses the application, the municipal administration will notify an annex 20.

Family reunification between a EU foreign national and a non-EU foreign national

Submitting the application for family reunification in Belgium is authorised. The procedure is as follows:

The family member must submit their application for family reunification at the municipal administration of their place of residence. Unless exempted, they must also present proof of full payment of the fee. Otherwise, the application is declared inadmissible.

The municipal administration will issue an annex 19ter upon presentation of proof that they are a family member of a Belgian national.

If the applicant resides in the municipality (positive residence investigation), the municipal administration will issue an annex 19ter valid for 6 months, starting from the date indicated in annex 19ter. If the applicant does not reside in the municipality (negative residence investigation), the municipal administration will notify an annex 20.

The applicant must present proof that they meet the conditions for family reunification within 3 months from the date indicated in Annex 19ter.

_{If the documents are produced within the time limit, the municipal administration forwards the file to the Immigration Office.}

_{If the documents are not presented within the time period, the municipal administration will notify an annex 20.}

The Immigration Office must make its decision within 6 months from the date indicated in annex 19ter. If the Immigration Office accepts the application, the municipal administration will issue the applicant with a F card. If the Immigration Office refuses the application, the municipal administration will notify an annex 20.

Family reunification between two non-EU foreign nationals. Sponsor staying for an unlimited period

[Article 10 of the Law of 15 December 1980]

Sponsor staying for an unlimited period

A non-EU foreign national authorised or admitted to stay for an unlimited period is a holder of an A card as a beneficiary of international protection, or a B, C, D, F, F+, K, L, M or M+ card.

Situations in which a family reunification application can be submitted in Belgium

A non-EU foreign national who wishes to live as a family in Belgium with another non-EU foreign national who is authorised or admitted to stay for an unlimited period may submit an application for family reunification in Belgium, provided that one of the following 7 situations applies:

A non-EU foreign national who wishes to live as a family in Belgium with another non-EU foreign national who is authorised or admitted to stay for an unlimited period may submit an application for family reunification in Belgium, provided that one of the following 7 situations applies:
The non-EU foreign national applying for family reunification is already authorised to stay in Belgium for a limited period and the conditions for family reunification are met.
The non-EU foreign national applying for family reunification is exempt from the visa requirement for a short stay in the Schengen area and the conditions for family reunification are met.
The non-EU foreign national applying for family reunification has received a visa to marry or legally cohabit in Belgium and his/her project materialized before the visa expired.
The non-EU foreign national applying for family reunification is an unaccompanied minor child holding a valid C visa.
The non-EU foreign national applying for family reunification is the father or mother of an unaccompanied minor child benefiting from international protection status (A card).
The non-EU foreign national applying for family reunification is the father or mother of a minor child benefiting from international protection status (A card).
Exceptional circumstances prevent the non-EU foreign national applying for family reunification from submitting his/her application abroad.

The non-EU foreign national who is not in one of these 7 situations must imperatively submit his/her application for family reunification abroad.

Situations 1 to 6

If the conditions for family reunification are met and the residence investigation is positive, the municipal administration takes the application into consideration and provides the applicant with a certificate of receipt of an application for admission to stay (Annex 15bis).

The municipal administration then forwards the file to the Immigration Office.

The Immigration Office must examine the admissibility of the application within 5 months, starting from the date indicated on Annex 15bis.

If the application is admissible, the Immigration Office must make a decision within 9 months, starting from the date indicated on Annex 15bis. If it is a complex case, the Immigration Office may extend this period twice for a period of 3 months. In case of an extension, the decision is therefore made within a maximum period of 15 months, starting from the date indicated on Annex 15bis (9 months + 3 months + 3 months).

Applicants who have not received a decision after 9 months (or, in case of an extension, after 12 or 15 months) may contact the municipality where they submitted their application to obtain information.

Situation 7

If the conditions for family reunification are met and the residence investigation is positive, the municipal administration takes the application into consideration and forwards it to the Immigration Office.

The law does not set a deadline for examining the admissibility of this application.

If the Immigration Office declares the application admissible, the municipal administration provides the applicant with a certificate of receipt of an application for admission to stay (Annex 15bis) and a registration certificate.

The Immigration Office must make a decision within 9 months, starting from the date indicated on Annex 15bis. If it is a complex case, the Immigration Office may extend this period twice for a period of 3 months. In case of an extension, the decision is therefore made within a maximum period of 15 months, starting from the date indicated on Annex 15bis (9 months + 3 months + 3 months).

Types of decision

In case of approval: issue of a residence permit (A card) valid for 1 year and renewable, provided that the residence conditions are still met.
In case of refusal: decision to refuse stay (Annex 14).

Family reunification between two non-EU foreign nationals. Sponsor staying for a limited period.

[Article 10bis of the law of 15 December 1980]

Sponsor staying for a limited period

A non-EU foreign national authorised or admitted to stay for a limited period is a holder of an A, H, I or J card.

Situations in which a family reunification application can be submitted in Belgium

A non-EU foreign national who wishes to live as a family in Belgium with another non-EU foreign national who is authorised or admitted to stay for a limited period may submit an application for family reunification in Belgium, provided that one of the following 5 situations applies:

The non-EU foreign national applying for family reunification is already authorised to stay in Belgium for a limited period and the conditions for family reunification are met.
The non-EU foreign national applying for family reunification is exempt from the visa requirement for a short stay in the Schengen area and the conditions for family reunification are met.
The non-EU foreign national applying for family reunification has received a visa to marry or legally cohabit in Belgium and his/her project materialized before the visa expired.
The non-EU foreign national applying for family reunification is an unaccompanied minor child holding a valid C visa.
Exceptional circumstances prevent the non-EU foreign national applying for family reunification from submitting his/her application abroad.

The non-EU foreign national who is not in one of these 5 situations must imperatively submit his/her application for family reunification abroad.

Situations 1 to 4

The municipal administration then forwards the file to the Immigration Office.

The sponsor holds an A card as a student or worker

The Immigration Office must make a decision within 9 months, starting from the date indicated on Annex 41bis. If it is a complex case, the Immigration Office may extend this period twice for a period of 3 months. In case of an extension, the decision is therefore made within a maximum period of 15 months, starting from the date indicated on Annex 41bis (9 months + 3 months + 3 months).

The sponsor holds an H card as a highly qualified worker or an A card as a long-term resident (status obtained in another EU Member State)

The Immigration Office must make a decision within 4 months, starting from the date indicated on Annex 41bis. If it is a complex case, the Immigration Office may extend this period for a period of 1 month. In case of an extension, the decision is therefore made within a maximum period of 5 months, starting from the date indicated on Annex 41bis (4 months + 1 month).

Applicants who have not received a decision after 4 months (or, in case of an extension, after 5 months) may contact the municipality where they submitted their application to obtain information.

The sponsor holds an A card as a researcher or an I or J card as an intra‑corporate transferee

The Immigration Office must make a decision within 90 days, starting from the date indicated on Annex 41bis.

Applicants who have not received a decision after 90 days may contact the municipality where they submitted their application to obtain information.

Situation 5

The law does not set a deadline for examining the admissibility of this application.

The sponsor holds an A card as a student or worker

The sponsor holds an H card as a highly qualified worker or an A card as a long-term resident (status obtained in another EU Member State)

Applicants who have not received a decision after 4 months (or, in case of an extension, after 5 months) may contact the municipality where they submitted their application to obtain information.

The sponsor holds an A card as a researcher or an I or J card as an intra‑corporate transferee

The Immigration Office must make a decision within 90 days, starting from the date indicated on Annex 41bis.

Applicants who have not received a decision after 90 days may contact the municipality where they submitted their application to obtain information.

Types of decision

In case of approval: issue of a residence permit (A card) valid for the duration of the sponsor's stay.
In case of refusal: decision to refuse stay (Annex 14).