Visa with the purpose of marriage or legal cohabitation in Belgium

 

A non-EU foreign national who wishes to marry or declare legal cohabitation in Belgium with a Belgian citizen or with another non-EU foreign national authorised or allowed to reside there and to apply for family reunification after this marriage or declaration of legal cohabitation, needs to apply for a D visa to the diplomatic or consular post competent for the place where he/she resides. [Residence permit - Article 9 of the law of 15 December 1980]

This provision applies to all non-EU foreign nationals who do not intend to leave Belgium at the end of an authorised short stay, whether or not they are exempt from the visa requirement for a short stay. 

Please note: non-EU nationals who travel to Belgium to marry or legally cohabit with a Union citizen have to apply for an entry visa in accordance with Directive 2004/38/EC and prove that they are the de facto partner of the Union citizen they accompany or join in Belgium.

Foreign nationals who wish to come to Belgium to live with their family must apply in person for a family reunification visa at the Belgian embassy or consulate general responsible for their place of residence.

In most countries, the post works with an external service provider. In this case, the visa application must be submitted to this service provider (VFS Global, TLS Contact...).

It is highly recommended to read the practical information published on the website of the competent Belgian embassy / consulate-general and on the website of the service provider that receives visa applications on behalf of the embassy / consulate-general (TLS Contact, VFS Global...) before starting the application process.

The list of Belgian embassies and consulates is published on the FPS Foreign Affairs site (www.diplomatie.belgium.be).

Non-EU nationals who apply for a visa to marry in Belgium must submit the following documents:

  • proof of payment of the fee (EUR 229);
  • a valid passport or travel document in lieu of a passport;
  • proof that the applicant and the future sponsor are single (declaration of celibacy);
  • proof that the applicant and the future sponsor are at least 21 years old (intended marriage between third-country nationals) or at least 18 years old (intended marriage between a third-country national and a Belgian woman);
  • a copy of the act of declaration of marriage prepared by the registrar within the 6 months preceding the visa application;
  • a chronological overview of the relationship;
  • a copy of the Belgian identity card or residence permit of the future sponsor;
  • proof that the future sponsor has a health insurance policy (insurance), as specified in the provisions regarding family reunification;
  • proof that the future sponsor has adequate accommodation, as specified in the provisions regarding family reunification;
  • proof that the applicant has travel medical insurance valid for a minimum of three months and covering any costs of repatriation for medical reasons, emergency medical care and/or emergency hospital care or death, up to EUR 30,000 (minimum cover) ;
  • a medical certificate, issued by a doctor, approved by the diplomatic or consular post, dating back less than 6 months, certifying that the applicant is not suffering from one of the illnesses listed in the annex to the law of 15 December 1980; 
  • an extract from the criminal record or equivalent document, issued by the country of origin of the applicant or by the country of his/her last residence, dating back less than 6 months, and certifying that he/she has not been convicted of common law crimes or offences.

 

Non-EU foreign nationals who apply for a visa to declare legal cohabitation in Belgium need to submit the following documents:

 proof of payment of the fee (EUR 229);

  • a valid passport or travel document in lieu of a passport;
  • proof that the applicant and the future sponsor are single (declaration of celibacy);
  • proof that the applicant and the future sponsor are at least 21 years old or at least 18 years old if the applicant and the future sponsor have been living together for at least 1 year before the arrival of the future sponsor in Belgium;
  • a copy of the Belgian identity card or residence permit of the future sponsor;
  • proof that the future sponsor has a health insurance policy (insurance), as specified in the provisions regarding family reunification;
  • proof that the future sponsor has adequate accommodation, as specified in the provisions regarding family reunification;
  • proof that the applicant has travel medical insurance valid for the entire duration of the stay in Belgium and covering any costs of repatriation for medical reasons, emergency medical care and/or emergency hospital care or death, up to EUR 30,000 (minimum cover) ;
  • a medical certificate, issued by a doctor, approved by the diplomatic or consular post, dating back less than 6 months, certifying that the applicant is not suffering from one of the illnesses listed in the annex to the law of 15 December 1980;
  • an extract from the criminal record or equivalent document, issued by the country of origin of the applicant or by the country of his/her last residence, dating back less than 6 months, and certifying that he/she has not been convicted of common law crimes or offences.

Please note: the partners may not be in a stable and long-term relationship with another person, nor can they fall under articles 161 to 163 of the Civil Code (prohibited family ties in the context of marriage), nor be the subject of a decision under article 167 of the Civil Code (refusal of a planned marriage by the registrar).

If the examination of the application for a residence permit is positive, the Immigration Office will authorise the issuance of a D visa valid for 6 months.

The national statement B47 [Authorisation to stay limited to 6 months - Art. 9 and 13 of the law of 15 December 1980 - Intended marriage in Belgium] or B48 [Authorisation to stay limited to 6 months - Art. 9 and 13 of the law of 15 December 1980 - Intended legal cohabitation in Belgium] is entered on the "Remarks" area.

The visa holders are informed that:

  • they must report to the commune within 8 days of their arrival in Belgium and request to be entered in the register of foreign nationals;
  • they are authorised to stay in Belgium for a limited period (6 months);
  • the marriage must be concluded or legal cohabitation declared before the authorisation to stay expires ;
  • the application for family reunification must be submitted immediately after the marriage or declaration of legal cohabitation.   

If the examination of the application for a residence permit is negative, the Immigration Office will refuse to issue a D visa.

The foreign nationals may submit a new application that takes the reason for the refusal into consideration. They may also lodge an appeal against this decision to the Council for alien law litigation.

Please note: the average processing time for visa applications to marry or legally cohabit in Belgium depends on the workload of the Family Reunification department. This period generally varies between 3,5 and 4 months from the date on which the application was submitted.

The commune will issue an annexe 15 valid for 45 days to the holder of a D visa with a B47 or B48 national statement who requests to be entered in the register of foreign nationals.

The commune checks whether the holder resides on its territory and, if the result is positive, issues an A card valid for 6 months. [Residence permit - Articles 9 and 13 of the law of 15 December 1980]

The intended marriage or legal cohabitation must take place before the card expires, because it will not be renewed. 

Foreign nationals authorised to reside temporarily in Belgium with the purpose of marriage or legal cohabitation must submit an application for family reunification to the commune immediately after the marriage or declaration of legal cohabitation.

The only documents required are the passport and the marriage certificate or declaration of legal cohabitation, as the Immigration Office has checked the conditions for family reunification during the visa application process.     

The commune will issue an A card to a non-EU foreign national who has entered into a marriage or declared legal cohabitation with another non-EU foreign national before his/her residence permit expires.

The commune will issue an F card to a non-EU foreign national who has entered into a marriage or declared legal cohabitation with a Belgian citizen before his/her residence permit expires. 

The foreign national will receive an order to leave the territory if the marriage has not been concluded or legal cohabitation declared before the residence permit expires. [Annex 13 - Royal Decree of 8 October 1981].

A minor child who wishes to accompany his/her father or mother to Belgium and submit an application for family reunification after the marriage or declaration of legal cohabitation must apply for a D visa to the diplomatic or consular post responsible for the place where he/she resides. [Residence permit - Article 9 of the law of 15 December 1980]

Minors must provide the following documents:

  • a valid passport or travel document in lieu of a passport;
  • proof that they are under 18 years old;
  • proof that they are single;
  • proof of family relationship with the foreign national applying for a visa to marry or declare legal cohabitation in Belgium;
  • proof that he/she has travel medical insurance valid for the entire duration of the stay in Belgium and covering any costs of repatriation for medical reasons, emergency medical care and/or emergency hospital care or death, up to EUR 30,000 (minimum cover) ;
  • a medical certificate, issued by a doctor, approved by the diplomatic or consular post, dating back less than 6 months, certifying that the applicant is not suffering from one of the illnesses listed in the annex to the law of 15 December 1980 ; [see annex 4 to the vade-mecum]
  • proof that the foreign national who applies for a visa with the purpose of marriage or legal cohabitation in Belgium has custody rights and that the child is dependent on him/her ;
  • the agreement of the other holder of custody rights, in case of shared custody ;
  • proof that the future sponsor has a health insurance policy (insurance), as specified in the provisions regarding family reunification;
  • proof that the future sponsor has adequate accommodation, as specified in the provisions regarding family reunification;

This application will be examined by the Immigration Office at the same time as the visa application of the father or mother.