The way in which the stable and long-term nature of a relationship is determined depends on the type of partnership (legal partnership or de facto partnership) and on the situation of the legal or de facto partner residing in Belgium.
When the partner residing in Belgium is a foreign national authorised to reside in Belgium temporarily or indefinitely, partners in a legal registered partnership can prove the stable and long-term nature of their relationship by proving with documents:
- that they have lived together lawfully and continuously in Belgium or in another country for at least one year prior to the application for family reunification; or
- that they have known each other for at least two years prior to the application for family reunification, and that they have maintained regular contact by telephone, ordinary mail or electronic messages, and that they met three times in the two years prior to the application, and that these meetings lasted a total of 45 days or more; or
- That they have a child together.
When the partner residing in Belgium is a settled Belgian, partners in a legal registered partnership can prove the stable and long-term nature of their relationship by proving with documents:
- that they have lived together continuously in Belgium or in another country for at least one year prior to the application for family reunification; or
- that they have known each other for at least two years prior to the application, and that they have maintained regular contact by telephone, ordinary mail or electronic messages, and that they met three times in the two years prior to the application, and that these meetings lasted a total of 45 days or more; or
- That they have a child together.
When the partner residing in Belgium is a national of a member state of the European Union or an associated country, partners in a legally registered partnership can prove the long-term and stable nature of their relationship by proving by means of documents:
- that they have lived together lawfully and continuously in Belgium or in another country for at least one year prior to the application for family reunification; or
- that they have known each other for at least two years prior to the application for family reunification, and that they have maintained regular contact by telephone, ordinary mail or electronic messages, and that they met three times in the two years prior to the application, and that these meetings lasted a total of 45 days or more; or
- That they have a child together.
Article 47/1. 1° of the Law refers to the partner with whom a national of a member state of the European Union or of an associated country has a duly attested long-term relationship and who is not covered by Article 40bis. §2. 2° of the Law (legal partner).
Article 47/3. § 1 of the law provides that the de facto partner must provide proof of the existence of a relationship with the national of a member state of the European Union or of an associated country that he wishes to accompany or join, as well as proof of the long-term nature of the relationship. This proof can be provided by any appropriate means.
In assessing the stable and enduring nature of the relationship, the Immigration Office takes into account in particular the intensity, duration and stability of the relationship between the partners.