Family reunification

 

Who has the right to come and live as a family in Belgium?

Certain foreign nationals who are family members of a Belgian national or a foreign national legally residing in Belgium have the right to come and live with their family in Belgium. This right to

A procedure that allows a foreigner to obtain a residence permit to join a family member legally residing in a country.

for these family members must be recognized if if they prove, with documents, that the conditions for family reunification are met.

_{Good to know: under certain conditions, it is possible to come to Belgium to carry out a marriage or legal partnership project and then apply for residence as part of family reunification.} Read more about

an authorisation issued by a Member State or a decision taken by such State which is required with a view to entry for an intended stay in that Member State or in several Member States, or for transit through the territory of that Member State or several Member States.

with the purpose of marriage or legal cohabitation in Belgium _{visa for marriage or cohabitation in Belgium.}

What are the conditions for family reunification?

The conditions for family reunification are determined by nationality, age, family relationship (marriage, partnership or lineage) and the residence status of the person entitled to family reunification (limited residence, unrestricted residence, beneficiary of

A person who flees his country due to a fear of persecution or a risk of serious harm, can obtain international protections within anoter country's borders. The person must ask  for asylum in this other country.

, etc.).

Where to submit an application for family reunion?

As a rule, the application for family reunification must be made abroad (application submitted abroad). In certain situations, the application can be made in Belgium (application submitted in Belgium).

How long does it take to examine an application?

The time period for examining a visa or residence application is determined by the nationality of the person residing in Belgium.

Who decides?

As a rule, the decision is made by the Immigration Office.

When the right to family reunification is recognised (positive decision), the applicant receives a

national long-stay visa (more than 90 days).

and/or a residence permit.

When the right to family reunification is not recognised (negative decision), the applicant may lodge an appeal with the Council for Alien Law Litigation. In some cases, they can ask the Immigration Office to review the decision. The Immigration Office may also suggest that an applicant who has not been able to prove their parentage via documents take a DNA test.
It is also possible to submit a new application.

What are the conditions for residence in Belgium?

The conditions for residence and for renewing the residence permit are communicated when the visa and/or residence permit is issued. If these conditions are not/no longer met, the Immigration Office may terminate the family member's stay. However, this person has a right to be heard before the decision is made.

After having stayed in Belgium for a certain period of time, the family member can apply for settlement or permanent residence.

Victims of domestic violence 

The law includes protective clauses for domestic violence victims who have been granted residence permits in Belgium through family reunification but do not have an independent right to reside in the country. Unfortunately, many victims are unaware of these protective clauses.
The circular of 15 June 2023 aims to enhance legal security and reduce barriers for individuals without an autonomous residence permit when reporting domestic violence.

Practice shows that victims of domestic violence often hesitate to report such violence when their residency rights are conditional on family reunification. A major concern in this regard is the fear of losing their right to stay in Belgium. 
If a foreign national has experienced domestic violence and has left their home because of it, it is crucial to report these incidents and gather as much important evidence as possible. Without doing so, it may be challenging for the individual to demonstrate their eligibility for protection. Additionally, it's essential to notify the Immigration Office as soon as possible to prevent any potential termination of residency due to limited or misleading information.

Information and supporting documents can be sent directly to the Immigration Office by email at gh-rgfgeweld.violences [at] ibz.be (gh-rgfgeweld[dot]violences[at]ibz[dot]be), by registered mail, or through the municipality of residence.

It is strongly recommended to seek help from organisations specialised in domestic violence and to file a complaint with the police. 
Attached to the circular is a list of organisations that help victims of domestic violence.

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• DNA
• Contribution fee

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• Insurance

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• Extend a stay