[Article 40bis and 47/1 of the Act of 15 December 1980]
The family reunification application may be filed in Belgium.
The procedure is as follows:
The family member must submit their application for family reunification at the municipal authority of their place of residence.
The municipal authority will issue an upon presentation of proof that they are a family member of a citizen of the European Union or an associate country (Iceland, Liechtenstein, Norway, Switzerland).
If the applicant resides in the municipality (positive residency investigation), the municipal authority will issue a registration document valid for six months from the date indicated on Annex 19ter.
If the applicant does not reside in the municipality (negative residency investigation), the municipal authority issues a decision refusing residency for longer than a period of three months with an order to leave the territory (Annex 20). The proceedings are concluded.
The applicant must submit proof that they meet the conditions for family reunification within a period of three months from the date indicated on Annex 19ter.
If the documents are submitted within the deadline, the municipal authority forwards the file to the Immigration Office.
If the documents are not submitted by the deadline, the municipal authority issues a decision refusing residence for longer than a period of three months with an order to leave the territory ( Annex 20). The proceedings are concluded.
Good practices:
Submit all documents as soon as requested.
The Immigration Office must render its decision within a period of six months from the date indicated on Annex 19ter.
If the Immigration Office accepts the application, the municipal administration will issue an F-card to the family member.
If the Immigration Office refuses the application, the municipal authority will issue a decision refusing residence for longer than a period of three months with an order to leave the territory (Annex 20). The proceedings are concluded.