Hi everyone,
I’m hoping to hear from people who have been through something similar because I’m starting to get really stressed about timelines and legal stay in Belgium.
Me and my fiancé have just rented an apartment in Brussels (Neder-Over-Heembeek, 1120) and we are moving in on the 1st of April. He is a Belgian citizen and I am a non-EU citizen. Our plan is to first apply for a civil marriage at the commune and, after that, apply for family reunification so that I can get residency rights and legally live in Belgium with him.
My biggest worry is the 90-day Schengen limit. From what I understand, the marriage investigation and the administrative process can take quite a long time in Brussels, and I’m afraid that everything might exceed those 90 days and that I could be forced to leave Belgium before being able to submit the family reunification application.
I have also heard that once you apply for family reunification (and your file is officially opened), you are allowed to stay in Belgium even after the 90 days expire, but that you are not allowed to leave Belgium while the decision is pending.
Has anyone here had a similar situation in Brussels (especially 1120 / City of Brussels)?
Did your process exceed the 90 days, and how did it work out in practice?
Were you able to stay legally in Belgium while waiting?
I would really appreciate any experiences or advice, because right now I’m honestly very anxious about doing everything correctly and not risking any problems with my stay.
Thank you so much 🙏
It will exceed 90 days, you will receive an orange card to stay in Belgium once you apply. You can call AGII vreemdelingenrecht lawyers helpdesk for international family law for more questions. Be sure you do not miss any documents because they will most likely not inform you, they will do their best to reject it (my experience) so make your application rock solid.
To be honest, it sounds rather impossible especially if your municipality is Brussels City (which NOH is a part of).
On what kind of visa did you come here? did they approve a "VISA D with intent to get married" for you?
They have six months to decide on the reunification.
I thought you were ok until the decision is made. Took them that long for me. ( to be exact they didn't decide, so it was automatically approved) So. I am not sure. You might be ok once your Dossier is handed in. I suggest you ask them because the police is supposed to come and check you are what you are.
Basically, as long as you made your request as expected by the law, you won't be deported because they take more time than the law allows them...
For further question I strongly recommand talking to a lawyer at Progress Law, they are specialised in such matters https://progresslawyers.be/fr/notre-expertise/matires-pratiques/droit-de-la-migration/
Also you can contact the Ciré, it's an association specialised in foreigners right
https://www.cire.be/nos-activites/accueil-general/
The marriage investigation will take at least 6 months by default. A few weeks ater my wife and I filled for marriage a police officer came by to check residency if we are actually living together. After that you don't have any unexpected visits of anybody.
Similar to you we worried that we didn't have any papers that confirmed my wife was legally staying in Belgium. That during a simple traffic check she might be deported because the overstayed the 90-day Schengen limit. It never came to that although we didn't risk it by crossing the border for shopping or city trips to the Netherlands or Germany. We live right on the border.
She did leave 4 months after filling for marriage back to her old place in Dallas to pack everything and sell whatever she couldn't take back. She stayed 4 months abroad and came back to Belgium as a tourist again. So the Schengen agreement that says you have to stay out of the Schengen area for 3 months before you can return was respected.
During her stay abroad we got a letter confirming our marriage investigation was completed and that we could plan a marriage date at the municipality. We did so once she was back. 3 months later we married.
After marriage we had to file for arrival declaration and family reunification. Something they could do only after our marriage was completed. Here again you will have the local police officer check your recidency once again. These were done in about 1 week. Once these are done, you will get a letter that confirms your legal stay in Belgium. In the past this was an orange ID. These days just an A4 letter. 5 or 6 Months later you get a regular ID card instead of a paper.
Hi there, good luck with this. Not to panic you but depending on where you are from, they might make things difficult for you. If you are non EU from a ‘black or brown’ country, they might serve you a deportation order saying you have to leave the territory within 30 days. Even though you are there legally while your dossier is being processed. They are just racist. This happened to me, my spouse is from an African country, happened to my friend’s Chinese partner… if this happens, get a lawyer, Progress Lawyers near Botanique are the best, they specialise in this exact scenario. Hopefully it won’t happen but I tell you just in case it does as it’s very stressful.
lol
they are.
The cops took a year to check my wife's address. When I applied, they did it literally in an afternoon. She's arab, I'm belgian.
Good.