[Article 10, §2, second paragraph, or 10bis, §1, first paragraph, second indent, or 10bis, §2, first paragraph, second indent, or 40ter, §2, second paragraph, 2°, of the Act of 15 December 1980]
The sponsor must prove that he has adequate housing to house the family member(s) applying to join him. This housing must meet the conditions imposed on a building rented out as a main residence, as provided for in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
How can proof be provided that the sponsor has adequate housing?
- The sponsor is a Belgian national
The proof can be provided by any means of evidence (e.g., rent contract, site description, certificate from MyRent, bank certificates relating to the mortgage loan, certificate of payment of property tax, etc.).
- The sponsor is a third-country national residing legally in Belgium
Proof may be provided by a copy of the notarial title deeds of the property that serves as the sponsor's main residence, or by a copy of the registered rent contract for the property that serves as his/her main residence.
Note: The certificate from MyRent is not sufficient proof. The applicant must provide a rent contract and proof of registration of the rent contract.
The procedure for registration of the rent contract is described on this page: Registration of the rent contract | Belgium.be
If the sponsor owns the home that serves as his/her main residence, bank certificates relating to the mortgage loan are also accepted as proof of housing, provided that the sponsor's name is stated on these certificates and the address of the property matches the address of residence listed in the National Register.
A certificate relating to the payment of property tax (cadastral income) is also accepted, provided that the address of the property matches the address of residence listed in the National Register.
Useful info: Any proof will not be accepted if the property has been declared uninhabitable.
Exceptions:
In the following situations, the sponsor does not have to prove adequate housing:
- The sponsor is a minor Belgian child
- The sponsor enjoys international protection granted by Belgium, provided that the blood or affinity link already existed before their arrival in Belgium and that family reunification is applied for within the year (12 months) after the decision of the CGRS to grant international protection;
- The sponsor is a highly skilled worker (H card), provided that the family unit is already formed in another state of the European Union;
- The applicant submits an 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 that the applicant resides in this state as a family member of the sponsor.