Return visa

Return Visa

A foreign national who, as part of a family reunification procedure, has started a registration procedure in the municipality in which he/she resides, usually holds a registration certificate in the register of foreign nationals.

The registration certificate is not a document allowing entry into the Schengen area without a visa. Therefore, a foreign national who leaves Belgium before the end of a family reunification procedure and who wishes to return in order to complete this procedure, will have to apply for a “return visa” at the Belgian diplomatic or consular post responsible for the place where he/she resides, unless he/she is exempt from a visa for a short stay in Belgium or holds a visa that is still valid.

Application

• If the person being accompanied or joined is a non-EU/EEA foreign national staying in Belgium for a limited or unlimited period, the foreign national wishing to return must apply for a D visa - Article 10 or 10bis of the Law of 15 December 1980.

• If the person being accompanied or joined is a Belgian who has not exercised his/her right to free movement and residence, the foreign national wishing to return must apply for a D visa - Article 40ter of the Law of 15 December 1980.

• If the person being accompanied or joined is an EU/EEA citizen or a Belgian national who has exercised his/her right to free movement and residence, the foreign national wishing to return must apply for a C visa - Directive 2004/38/EC.

The foreign national who applies for a D visa in order to continue a family reunification procedure in Belgium does not have to pay the fee (free of charge). However, he/she must prove that he/she has started a registration procedure in the municipality where he/she resides.

In any case, the foreign national must indicate the date on which he/she left Belgium.

Processing time

The Belgian diplomatic or consular post that receives the “return visa” application will forward it to the Immigration Office for a decision. As a rule, the Immigration Office processes the application within 15 days.

Departure due to exceptional, urgent or unforeseen circumstances

There may be exceptional, urgent or unforeseen circumstances of a personal or professional nature that require a foreign national involved in a family reunification procedure to leave Belgium. In such cases, the foreign national may apply for a "return visa" to the Immigration Office (Family Reunification Department) before his/her departure, by sending an e-mail to gh.secretariaat[at]ibz.fgov.be.

He/she will then receive the following message in reply:

_{We acknowledge receipt of your message.}

_{If your question relates to obtaining a return visa before leaving Belgium, please consider the following points:}

• _{Such a return visa is issued by our department only in the event of urgent and unforeseen personal or professional circumstances to people who have started a family reunification procedure with the municipality, for a maximum period of 15 days. For other travel purposes (tourism, family visits, etc.), the visa must be applied for at the Belgian representation abroad.}
• _{Please indicate clearly the applicant's identity (name, date of birth, nationality, file number, national register number, etc.) and the desired dates of travel.}
• _{Please enclose any supporting documents needed to prove the urgent and unforeseen nature of your application (death certificate, medical certificate, employer's certificate, etc.).}
• _{Bear in mind that the conditions for family reunification must be met before a return visa can be granted.}

If the information and documents sent by the foreign national after receiving this message confirm the exceptional, urgent or unforeseen nature of his/her travel, the Immigration Office will authorise the FPS Foreign Affairs to issue a return visa, provided that the conditions for family reunification are met and that the duration of the travel does not exceed 15 days.

Please note: the Immigration Office may not be able to make a decision before the planned date of departure (e.g. family reunification application not received, complex file, FPS Foreign Affairs counter closed), or, for legal reasons (e.g. mandatory consultation with another Schengen State before issuing the visa), the return visa application may have to be submitted to the Belgian diplomatic or consular post responsible for the place of destination.