[Article 40ter, §2 of the Act of 15 December 1980]
A Belgian national who does not or has not exercised their right to freedom of movement may be accompanied or joined in Belgium by:
- his/her spouse;
- the foreigner with whom a registered partnership has been established that is considered equivalent to marriage in Belgium (assimilated partner);
- the foreign national to whom they are related by means of a legally registered partnership (legal partner);
- his/her blood relatives in the descending line;
- the descendants in the descending line of his/her spouse or partner.
The right to family reunification must be recognised if the aforementioned family members prove with documents that the conditions for family reunification have been met.
These conditions are determined by the bond between the Belgian national and the foreigner who wishes to accompany or join them in Belgium (marriage, partnership, descent).
The right to family reunification of the spouse of a Belgian national who is not exercising or has not exercised their right to free movement must be recognised if they prove with documents that the following conditions have been met:
Marriage and partnership considered equivalent to marriage in Belgium
The applicant must be married to the sponsor or have entered into a partnership in Germany, Denmark, Finland, Iceland, Norway, Sweden or the United Kingdom.
→ Submit valid proof of marriage and, if marriage by proxy, a copy of the power of attorney. If the applicant or the sponsor has remarried, submit proof of the dissolution of the previous marriage, or proof of the death of the spouse; or
→ Submit valid proof of partnership considered equivalent to marriage in Belgium. If it is a new relationship, submit proof of the dissolution of the previous relationship (divorce certificate, spouse's death certificate, etc.).
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the individuals prove that the marriage existed before the application for family reunification was submitted.
→ Submit the birth certificate of the applicant and the sponsor, or any other document that validly proves their age.
Nationality
The sponsor must be a Belgian national.
→ Submit proof that the sponsor is a Belgian national (identity card, national passport or any document that validly proves the sponsor's nationality).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a sustainable life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the marriage is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification of the legal partner of a Belgian national who is not exercising or has not exercised their right to free movement must be recognised if they prove with documents that the following conditions have been met:
Legal registered partnership
In Belgium, registered partnership refers to the declaration of legal cohabitation made before a civil registrar (see Articles 1475 et seq. of the Civil Code).
→ Submit the declaration of legal cohabitation or proof of a legal registered partnership.
Stable and lasting relationship
The relationship between the applicant and the sponsor must be stable and lasting.
Proof of such a relationship can be provided in the following way:
- The partners have lived together continuously in Belgium or another country for at least one year prior to the application; or
- The partners have known each other for at least two years, prior to the application, and provide evidence that they maintained regular contact, by telephone, correspondence or electronic messages, and that they met three times in the two years prior to the application and that these meetings totalled 45 or more days; or
- The partners have a mutual child.
→ Submit evidence of the stable and lasting nature of the relationship.
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the partners prove that they had been living together for at least one year before the application for family reunification was submitted.
→ Submit the birth certificate of the applicant and the sponsor, or any other document validly proving their age, and, if applicable, proof of cohabitation for at least one year prior to the submission of the application.
Unmarried status
The applicant and the sponsor must be unmarried.
→ Submit proof of unmarried status of the applicant and the sponsor.
Nationality
The sponsor must be a Belgian national.
→ Submit proof that the sponsor is a Belgian national (identity card, national passport or any document that validly proves the sponsor's nationality).
No lasting relationship with another person
The applicant and the sponsor must not be in a long-term relationship with another person.
No partnership with a family member
The partnership does not give the right to family reunification when it is concluded between (i) relatives in the ascending and descending line and relatives in the same line, or (ii) in the lateral line, between brothers, between sisters, or between brothers and sisters, or between uncle and niece or nephew, or (iii) between aunt and niece or nephew.
No refused intended marriage
The applicant and the sponsor must not have been the subject of a final decision refusing the completion of the marriage based on Article 167 of the Civil Code.
Nationality
The sponsor must be a Belgian national.
→ Submit proof that the sponsor is a Belgian national (identity card, national passport or any document that validly proves the sponsor's nationality).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a sustainable life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the partnership is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification of a blood relative in the descending line of a Belgian national who is not exercising or has not exercised their right to free movement must be recognised if they prove with documents that the following conditions have been met:
Descent
The applicant must prove descent from the sponsor, spouse or partner.
→ Submit the birth certificate(s) that allow(s) for proof that the applicant is the direct blood relative in the descending line of the sponsor, spouse or partner.
Useful information:
if the applicant cannot produce a deed that validly proves lineage, the Immigration Office will generally refuse the visa application, subject to a DNA test. If the other conditions for family reunification are met, the visa may be issued based on the positive result of this test.
Age
The applicant must be less than 21 years old, or, if more than 21 years old, be a dependent of the sponsor, spouse or partner.
→ Submit the applicant's birth certificate or proof that the applicant is dependent upon the sponsor, spouse or partner.
Unmarried status
The applicant must be unmarried.
→ Submit proof of unmarried status if the applicant is old enough to validly enter into a marriage.
Custody rights regarding a minor applicant
If the applicant's parents are divorced, the sponsor, spouse or partner must have custody rights. If custody is shared, the other holder of custody must consent to family reunification.
→ Submit proof that the sponsor, spouse or partner has custody rights and, if custody is shared, that the other holder of custody has given their consent
Subsistence
Unless exempt, the sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Co-habitation
The applicant must come to live with the sponsor.
→ Submit any means of proof (air ticket or transport ticket, invitation to accompany or join the sponsor, proof that the applicant and the sponsor live under the same roof, etc.).