Visa D application (Family reunification)

 

[Article 12bis, §1, paragraph 1 of the Law of 15 December 1980]

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,...). 

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

A request for family reunification cannot be submitted directly to the Immigration Office.

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,...). 

By way of derogation, family members of a foreign national who has been recognised as a refugee by Belgium, or who has been granted subsidiary protection, may go to any Belgian diplomatic or consular post that issues visas. However, the use of this facility is not unlimited. The FPS Foreign Affairs may designate a single reference post. In this case, the applicant has no choice but to go to this post. Furthermore, the post in question is not bound to accept the application if it establishes that the applicant has, in principle, no objective reason to submit his or her visa application in its jurisdiction.

By way of derogation, a third-country national who is in a country to which he or she has applied for asylum may go to the Belgian diplomatic or consular post responsible for that country, provided that the asylum procedure is still in progress. He must therefore present proof that he is authorized to stay in the country pending a decision on his asylum application.

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 who 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).

STEP 1: create a user account

This account must be created on https://visaonweb.diplomatie.be/ (This hyperlink opens a new window) by the foreign national applying for family reunification or by the sponsor or by a third party assisting them with their application.

STEP 2: fill in an application form

The user fills in a visa application form online. He or she will indicate clearly the purpose of the visa application in box 23 of the form (for example, family reunification with a refugee) and, if necessary, add a comment in box 24.

The user sends the completed and validated form. Then he or she will receive a copy of the form at the email address provided on his or her account.

If family reunification involves several members of the same family, one account can be used to fill in and send several application forms.

STEP 3: make an appointment to submit the visa application 

The user makes an appointment via the website of the external service provider with which the diplomatic or consular post works.

STEP 4: submit the visa application
4.1. Go in person

On the day of the appointment, the applicant must go in person to the Visa Application Centre (VAC) selected when making the appointment.

By way of derogation, persons entitled to family reunification who find it impossible or excessively difficult to submit their visa application in person may submit their application by remote communication to the Belgian diplomatic or consular post responsible for their place of residence. [CJEU - Judgment of 18 April 2023 in case C-1/23 PPU]

This mainly concerns applicants who are in a country or region affected by war or conflict and where Belgium does not issue visas.  

The following procedure must be followed:

1. The applicant (or his/her representative) sends an e-mail to the relevant diplomatic or consular post stating the reasons why it is impossible or excessively difficult for him/her to submit the visa application in person. 

2. The post evaluates whether it can accept a visa application introduced through a remote means of communication. 

In the event of a positive evaluation, the post sends the applicant a visa application form and instructions on how to pay the visa fee. 

In the event of a negative evaluation, the post will inform the applicant by e-mail. The applicant must then follow the usual procedure (see above).

3. Applicant authorized to submit his/her application through a remote means of communication can send his/her file to the post by e-mail. This file must include the following documents:

  • the visa application form received by e-mail, completed, signed and printed out;
  • a valid travel document;
  • proof of payment of the fee, unless exempted;
  • documents proving that the conditions for family reunification have been met.

If the original documents issued abroad have not been presented for legalization prior to submission of the visa application, the applicant must enclose a good-quality, color copy of both sides of these documents with the application. 

4. If payment has been made, the visa application is registered and forwarded to the Aliens Office for further processing. 

ATTENTION: The personal appearance of the applicant at a later stage of the procedure remains compulsory for identity verification, biometric identification and, if necessary, an interview. 

Original documents must still be presented at a later stage of the procedure to verify their form and authenticity, at the latest when the visa is issued if the conditions for family reunification are met.

The presentation of a travel document in which a visa can be affixed at a later stage in the procedure remains obligatory, at the latest when the visa is issued. 

The visa will not be issued to an applicant who has not appeared in person at least once during the procedure or who has not presented the original supporting documents.

4.2. Documents

On the day of the appointment, the applicant must submit the following documents:

  • the appointment confirmation;
  • the visa application form received by e-mail, completed, signed and printed out;
  • a valid personal travel document;
  • proof of payment of the fee, unless exempted;
  • proof of payment of the visa handling fee, unless exempted;
  • proof of payment of the service fee determined by the VAC;
  • documents proving that the conditions for family reunification have been met.

The VAC checks with the applicant the contents of his or her file and hands him or her a checklist indicating which documents were presented when the visa application was submitted and which documents, if any, were not presented. Applicants whose files are not complete may decide to submit their visa application later on. In this case, they will be given their file and will make a new appointment online once they have completed their file.

By way of derogation, the visa application of family members of a foreign national whose refugee status has been recognised by Belgium or who has been granted subsidiary protection, is taken into consideration as soon as the following documents have been submitted:

  • the visa application form received by e-mail, completed, signed and printed out;
  • a personal travel document in which a visa can be affixed or, if the applicant is unable to present this document, another proof of identity (or several other proofs of identity) to which the competent Belgian diplomatic or consular post gives weight (cf. travel document) ;
  • proof that the sponsor is a foreign national whose refugee status has been recognised by Belgium or who has been granted subsidiary protection.

ATTENTION: we strongly recommend that you submit documents proving that the conditions for family reunification have been met as soon as you submit your visa application, rather than at a later stage in the procedure. These documents are essential for processing the visa application.

4.3. Handling fee and fingerprints

The applicant must also pay the handling fee and the service fee determined by the VAC.

The VAC will take a photo and fingerprints of the applicant.

5. STEP 5: sending of the visa application

The VAC sends the visa application and the file to the relevant diplomatic or consular post.

In general, foreign nationals who wish to come to Belgium to live with their family must prove their identity by presenting a travel document recognised by Belgium.

When the visa is issued, this document must be valid for at least 12 months, because the family reunification visa is a national long-stay visa valid for 12 months (D visa). Therefore, the period of validity of the travel document cannot be shorter than the period of validity of the visa.

By way of derogation, family members of a foreign national whose refugee status has been recognised by Belgium or to whom Belgium has granted subsidiary protection, who do not have a valid travel document and who cannot get one before submitting their visa application, may submit their application without presenting a travel document.

However, applicants must explain why they are unable to present a valid travel document when submitting their application. Indeed, the ability to submit a visa application without a travel document must not lead to abuse. The competent Belgian diplomatic or consular post will determine whether, in practice, it is actually particularly difficult, or even impossible, for the applicant to obtain a travel document. This difficulty or impossibility may be general and linked to the local context or specific to the applicant. In other words, if the post considers that it is reasonably possible to obtain a travel document, this document must be presented when the application is submitted, or, at the latest, when the visa is issued.

In addition, applicants who do not present a valid travel document when submitting their application must prove their full identity by other means of evidence. The competent Belgian diplomatic or consular post will determine the alternative documents that can be presented to demonstrate the identity of the applicant in the specific local context (e.g. a birth certificate, a family record book, a document issued by the UNHCR, etc.). These documents may change, depending on the evolution of local practices or local policies, which may make the submission of a specific document easier or harder. The practice of the other Schengen States on which documents are generally accepted is also taken into account.

It is strongly recommended to visit the website of the Belgian diplomatic or consular post or of the local administration, for any information regarding the acts validly establishing the family tie, as well as the form in which an act, judgement or document issued abroad must be presented. 

In general, acts drawn up abroad must be legalised or apostilled by the competent Belgian diplomatic or consular post before the visa application is submitted

If they are drawn up in a language other than German, English, French or Dutch, they must be translated by a sworn translator. The sworn translation made abroad must be legalised as a separate document in accordance to the procedure laid down in the country of origin, then by the competent Belgian diplomatic or consular post.

The processing time for examining a visa application varies according to the nationality and status of the person opening the right to family reunification (hereinafter: the sponsor).

The sponsor is a Belgian citizen:

The decision must be taken within 6 months from the date of submission of the visa application.

The sponsor is a third-country national granted permission or authorisation to reside in Belgium for a limited or unlimited period:

The diplomatic or consular post will issue a certificate of deposit (annex 15quinquies) to the applicant who submits a complete file, i.e. a file that, in principle, contains proof that all the conditions for family reunification have been met, in the required form.

The date indicated on annex 15quinquies is the starting point for the 9-month period within which the Immigration Office must take a decision. The Immigration Office may extend this 9‑month period by 3 months, twice (9 months + 1 or 2 x 3 months). In this case, the applicant is informed by the diplomatic or consular post.

The sponsor is a highly qualified worker (H card):

The diplomatic or consular post will issue a certificate of deposit (annex 15quinquies) to the applicant who submits a complete file, i.e. a file that, in principle, contains proof that all the conditions for family reunification have been met, in the required form.

The date indicated on annex 15quinquies is the starting point for the 4-month period within which the Immigration Office must take a decision. The Immigration Office may extend this 4‑month period by 3 months, once (4 months + 1 x 3 months). In this case, the applicant is informed by the diplomatic or consular post.

The sponsor has long-term resident status in another EU country:

The diplomatic or consular post will issue a certificate of deposit (annex 15quinquies) to the applicant who submits a complete file, i.e. a file that, in principle, contains proof that all the conditions for family reunification have been met, in the required form.

The date indicated on annex 15quinquies is the starting point for the 4-month period within which the Immigration Office must take a decision. The Immigration Office may extend this 4‑month period by 3 months, once (4 months + 1 x 3 months). In this case, the applicant is informed by the diplomatic or consular post.

Good to know: in general, the Immigration Office also takes a decision within the time limits indicated above when the applicant has submitted an incomplete file and the diplomatic or consular post has not issued an acknowledgement of receipt (annex 15quinquies).

Any change in the personal situation of the applicant or the sponsor after the submission of the visa application must be immediately communicated to the Post and the Immigration Office (Family Reunification Department), by e-mail, at the address gh.visa[at]ibz.fgov.be.

Examples: disability due to a work accident, sick leave, a change of employer, a change of address of the sponsor.

If the conditions for family reunification are met, the Immigration Office will instruct the diplomatic or consular post to issue the applicant a  D visa valid for 12 months. (Type D visa).

This decision is valid for 6 months.

Travel is authorised from the date indicated on the visa after "from" and at the latest until the date indicated after "to".   

Useful information: the national entry [B + number] in the 'Remarks' area of the visa D provides information on the conditions for staying and the documents to be presented along with the initial application for renewal of the residence card. This card will be issued upon presentation of the visa D. Read more: National entries (visa D)

Useful information:: in some cases, the diplomatic or consular post is authorised to issue the visa itself when the conditions for family reunification are met. This is particularly the case in the context of family reunification with a Belgian national (article 40ter) or, under certain conditions, when the sponsor holds a single permit. 

The decision to refuse the visa is always taken by the Immigration Office. 

The applicant may submit a new application that takes into account the reasons why their initial application was denied.

They can also file an appeal against this decision with the Aliens Litigation Council.

In certain cases, they can ask the Immigration Office to review the decision.

 

When the documents presented are not sufficient to establish kinship, the Immigration Office will generally refuse the application "subject to a DNA test".

This allows the applicant to prove kinship with 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.

For more information: DNA test

 

Within 8 days of arrival in Belgium, the visa holder must report to the local authorities in the place where he or she is staying.

If the residence inquiry is positive, the visa holder receives a residence permit (carte A or F).   

A national entry (B + number) will be applied to the visa, after "Remarks".

This entry  informs the foreigner about the conditions of his stay in Belgium and the conditions for renewing his residence permit.

For more information: National entries (visa D)