The sponsor is a national of an EU or associated country

Every citizen of the European Union, hereafter the EU citizen, has the right to freely enter the territory of an EU Member State other than that of which they are a national, and to reside there freely for three months.

EU citizen means nationals of Member States of the European Union and the European Economic Area (Iceland, Norway, Liechtenstein) and Swiss nationals.

Family members of an EU citizen have the same right as the citizen, regardless of whether they are EU citizens or third-country nationals.

An entry visa to the Schengen Area is the only obligation that can be imposed upon family members of an EU citizen who are not themselves EU citizens, regardless of the length of the intended stay (more or less than three months).

An application for an entry visa will be examined in accordance with the special provisions laid down by Directive 2004/38/EC, provided that the EU citizen's family members prove that their movement is covered by this Directive.

The visa application of the EU citizen's family members whose movement is not covered by the Directive will be examined in accordance with the general provisions of the Visa Code.[Read more in Short Stay]

The visa application of family members of a Belgian national whose movement is not covered by the Directive will be examined in accordance with the general provisions of the Visa Code, if the length of stay is shorter than 90 days (Visa C), and in accordance with Article 40ter of the Act of 15 December 1980, if the length of stay exceeds 90 days (Visa D).[Read more in Family Reunification]

Burden of proof

Family members of an EU citizen who are not themselves EU citizens must prove, with documents, that their movement is covered by Directive 2004/38/EC, in order to benefit from the special provisions of this Directive. 

Thus, the burden of proof rests with the family members making the application. It is therefore not sufficient to invoke Directive 2004/38/EC to automatically benefit from its special provisions.

Movements covered by Directive 2004/38/EC

Directive 2004/38/EC applies if the answer to the following three questions is positive (3 X YES).

First question: Is the EU citizen themselves covered by Directive 2004/38/EC?

In the following situations, the answer is YES:

1. The EU citizen is moving to an EU state other than that of which they are a national (= exercise of the right to free movement)

_{Example: a Frenchman living in Tunis travels to Belgium to attend a conference. His Tunisian wife accompanies him. An entry visa will suffice.}

_{Example: a German living in Beirut moves to Belgium under an employment contract valid for 12 months. His Lebanese wife accompanies him. The object of the application is a family reunification, but an entry visa will suffice. The residency application must be submitted in Belgium. [Read more in Family Reunification]}

2. The EU citizen is already staying in an EU state other than that of which they are a national (= exercise of the right to free movement)

_{Example: an Italian admitted under an employment contract to stay in Belgium for more than three months is joined by his Egyptian wife. The object of the application is a family reunification, but an entry visa will suffice. The residency application must be submitted in Belgium. [Read more in Family Reunification]}

3. The EU citizen returns to the EU Member State of which they are a national, after a legal stay of at least three months in another Union state. In this case, however, the family member applying for an entry visa would need to be part of their family unit in the receiving state to be a beneficiary of the Directive.

_{Example: a Belgian national authorised to stay in Portugal for more than three months under an employment contract returns to Belgium. His Algerian wife, who was legally resident in Portugal, accompanies him. The subject of the application is a family reunification, but an entry visa will suffice. The residency application must be submitted in Belgium. [Read more in Family Reunification]}

Second question: Is the applicant a relative of an EU citizen within the meaning of articles 40bis, §2 or 47/1 of the Act of 15/12/1980?

In the following situations, the answer is YES:

1. The family members of an EU citizen within the meaning of Article 40bis, § 2 of the Act are:

• their spouse, who accompanies or joins them;

• the foreigner with whom a registered partnership has been concluded that is considered equivalent to a marriage in Belgium, or a legal registered partnership, accompanying or joining them;

• their blood relatives in the descending line, as well as those of their spouse or partner, under the age of 21 or dependent, accompany or join them, provided that the EU citizen, their spouse or partner holds custody rights and, in the event of shared custody, provided that the other holder of custody rights has given their consent;

• their blood relatives in the ascending line, as well as those of their spouse or partner, who are dependents and who accompany or join them;

• their father and mother, provided the EU citizen is a minor, dependent upon them and they have genuine custody rights.

Note: if the EU citizen is a student, the family members within the meaning of the law are: their spouse or partner, their children as well as those of their spouse or partner, provided they are dependent upon them.

2. The other family members of an EU citizen within the meaning of Article 47/1 of the Act are:

• family members not covered by Art. 40bis, §2 of the Act who are dependents of the Union citizen or part of their family in the country of origin;

• the partner with whom the EU citizen has a duly proven lasting relationship and who does not fall under Article 40bis, §2, 2° of the Act, i.e. the de facto partner of an EU citizen.

• family members who are not covered by Art. 40bis, §2 of the Act and who, due to serious health problems, strictly require personal care by the EU citizen.

• a child under 18 years of age who is taken into care as part of a

  It is an act validated by the judicial authority in certain countries (Morocco, Algeria, etc.), through which a person commits to taking in a minor child. It involves the caregiver ensuring the protection of the minor child and providing for their maintenance and education needs. Kafala has different effects than adoption. It does not establish any legal parent-child relationship. The minor child taken in maintains filial ties with their parents or family. They do not acquire inheritance rights over the caregiver's property, and the protection ceases upon coming of age. It is akin to a simple transfer of parental authority.

Third question: Is the applicant accompanying or joining an EU citizen moving to an EU Member State other than that of which they are a national or already residing in?

The answer is YES if there is a genuine link between the movement of an EU citizen's family member and the relocation of that EU citizen.

The Directive does not cover the movement of a family member travelling alone or not joining an EU citizen. 

_{Example: the Tunisian wife of a Frenchman residing in Tunisia goes to Brussels alone to visit her family. Since there is no connection between her movement and the movements of an EU citizen, she is not a beneficiary of the Directive. Her visa application will thus be examined in accordance with the general provisions of the Visa Code. [Read more in Short Stay]}

Generally speaking, the family member of an EU citizen whose stay is covered by Directive 2004/38/EC must submit the following:

• a valid passport;
• proof of their blood or affinity relationship with an EU citizen;
• proof that the EU citizen is moving to an EU Member State other than that of which they are a national or already residing in;
• proof that they are accompanying or joining this EU citizen.

If the applicant is a family member within the meaning of Article 47/1 of the Act of 15/12/1980, they must submit the following, as appropriate:

• documents prepared by the competent authorities of the country of origin or of provenance or, in their absence, any appropriate means of proof that they are dependent upon the EU citizen in the country of residence and that this dependency still exists at the time of the visa application;

• documents prepared by the competent authorities of the country of origin or of provenance or, in their absence, any appropriate means of proof that they are dependent upon the EU citizen in the country of residence and that they are part of their family at the time of the visa application;

• proof of the permanence of a relationship with the EU citizen;

• the judgment awarding parental custody to the EU citizen, as well as (a) proof that the EU citizen has an address in Belgium and proof that the judge who reported the kafala contacted the Federal Central Authority (FCA) beforehand, in accordance with Article 33 of the Hague Convention (kafala registered in a country that is a signatory to the Hague Convention), or b) a maximum of information about the child's care facilities (kafala registered in a country that is not a signatory to the Hague Convention).

The authorities in charge of examining the visa application may require some specific supporting documents (e.g. the literal copy of a civil status certificate to establish marriage or kinship ties).

They may also demand that a supporting document be translated, notarised or legalised if it was drawn up in a language they do not understand or if they have doubts about the authenticity of the document.

Family members of an EU citizen whose movement is covered by Directive 2004/38/EC can benefit from the following special provisions:

Direct access to the embassy or consulate of Belgium

No requirement to submit the visa application to the external service provider (VFS Global or TLS Contact) with which the embassy or consulate of Belgium in the country of residence is working.

Ability to submit the visa application directly to the embassy or consulate. [Read the practical information on the embassy or consulate site]

Note: visa applications submitted under Directive 2004/38/EC are covered by the various representation agreements signed by Belgium with another Schengen State. If Belgium is represented by another Schengen State in the country of residence, the family members must approach this other Schengen State. 

Visa application form

No requirement to complete sections 21, 22, 30, 31 and 32 of the visa application form.

Visa fees

Exemption from visa fees for family members within the meaning of Article 40bis, §2 of the Act of 15/12/1980.

By contrast, family members within the meaning of Article 47/1 of the Act of 15/12/1980 do need to pay the visa fee, unless they are exempt under Article 16 of the Visa Code.

Accelerated procedure

To the extent possible, the examination of the visa application must be completed within fifteen days from the time the applicant proved that the Directive applied to him.

However, this period is longer if the visa application is passed to the Immigration Office for a decision (12 to 22 weeks from the date of submission).

The family member of an EU citizen whose visa application is accepted will receive an entry visa for the Schengen Area (visa type C) marked BNL 11.

PLEASE NOTE: The issuing of an entry visa under Directive 2004/38/EC does not count as the issuing of a residence card. Consequently, a family member who wishes to stay in Belgium for more than 90 days must submit a residence application to the municipal administration for their place of residence in Belgium and prove that they meet the conditions for family reunification. [Read more in Family Reunification]

The Immigration Office may refuse a visa application under Directive 2004/38/EC for the following reasons:

• Based on their visa application and the evidence presented, the applicant failed to prove that their movement is covered by the Directive. In other words, the Immigration Office considered that the answer to at least one of the three questions asked above was negative (NO);

• The Immigration Office demonstrates that the applicant is a real, current and sufficiently serious threat to public order, public safety or public health;

• The Immigration Office demonstrates abuse or fraud.