New procedure for Belgium citizen, no more need to marry a RW

[Bruno]

Good news for every Belgium citizen... Belgium have follow the example of Holland who don't obligate partner to marry a foreign partner for be allow to live together... a new type of visa is born :

http://www.diplomatie.be/en/travel/visa/visumFicheDetail.asp?TEXTID=44225

Visa for cohabitation within a stable, long-term relationship

1. GENERAL CONDITIONS

- Both partners must be at least 18 years old.

- Both partners must be unmarried.

- The partner already residing in Belgium must hold Belgian citizenship or be a foreign national legally residing in Belgium. Any partner residing in Belgium who is not a citizen of one of the countries in the European Economic Area (EEA) must have authorisation to stay in Belgium for a period of longer than three months.

- The partner already residing in Belgium must have sufficient and sustainable means of subsistence.

- These conditions apply to both heterosexual and same-sex relationships.

2. DOCUMENTS REQUIRED

When applying for a visa, you need to present the following documents in person at the embassy or consulate responsible for your place of residence:

1. A travel document (e.g. national passport) valid for at least 12 months, in which a visa can be affixed.

2. Two  visa application forms duly completed, signed and accompanied by two recent passport photos bearing a true likeness to the applicant.

3. One copy of the Belgian identity card or residence or settlement permit issued to the partner residing in Belgium.

4. A document proving that the two partners are not married.

5. An official copy of your full birth certificate.

6. Proof that the relationship is stable and long-term (e.g. letters, plane tickets, photographs, etc.).

7. Proof that the partner residing in Belgium has sufficient means of subsistence (i.e. earns at least 750 euro a month + 125 euro for each dependant).

8. A pledge of financial support signed by the partner residing in Belgium who can request the appropriate form (engagement de prise en charge d¿un partenaire vivant en concubinage/verbintenis tot tenlasteneming van een partner die in concubinaat samenleeft) from their municipal authority. Once this pledge has been legalised by that municipal authority, the original must be sent to the visa applicant or relevant embassy or consulate, accompanied by:

    * Documents confirming the guarantor's solvency (e.g. payslips).
    * A copy of a document proving the guarantor's Belgian citizenship (identity card) or a document confirming that they are authorised to reside in Belgium for an unlimited period (residence permit).

9. An extract from your judicial record dating from no more than six months prior to the date of application and covering the previous five years.

10. A medical certificate filled out by a doctor approved by the Belgian embassy or consulate and dated no more than six months prior to the date of application.

The documents listed above are merely the basic documents required in all cases. Additional documents may be requested by the embassy or consulate.

Official documents issued abroad must be legalised or bear an apostille, depending on the country whence they originated, unless a treaty provides for exemption from this process.

Documents issued abroad in a language other than Dutch, English, French or German must be translated by a sworn translator.

3. PROCESSING THE APPLICATION

For administrative purposes the Belgian embassy or consulate will make copies of any documents submitted. The original documents will be returned to you.

Once the submitted documents have been verified and the application is complete, the embassy or consulate will send it to the Immigration Service at the Federal Public Service Home Affairs in Belgium, which will then decide whether or not to issue a visa (Chaussée d'Anvers 59 B, B-1000 Brussels, Belgium; tel. +32 (0) 2 206 15 99, fax +32 (0) 2  206 14 63, e-mail helpdesk.dvzoe@dofi.fgov.be).

Attention: this department decides sovereignly, on the basis of all the elements of each application taken separately, if the duration and the seriousness of the relationship justify the issuance of a visa.

Within eight days of your arrival in Belgium, you must go in person to the municipal authority in your partner's place of residence. You must actually live together in Belgium for the entire duration of your relationship and share the same household. Within six months of the issue date of the visa, you must sign a contract stating that you live together (i.e. a contrat de vie commune/samenlevingscontract) in the presence of a Belgian notary or make a cohabitation declaration (déclaration de cohabitation/verklaring van wettelijke samenwoning) in the presence of your local municipal authorities's registrar, in accordance with Article 1476 of the Civil Code. All applications for extensions of residence permits must be accompanied by the required proof of cohabitation.

If your partner residing in Belgium is a student, their parents may pledge you their financial support provided that you submit proof from the partner's educational establishment and also a pledge of financial support signed by your partner's parents, who may request the appropriate form (annexe 3bis/bijlage 3bis) from their local municipal authority in Belgium. This exception only applies to students.

[Ste]

A similar visa already exists for all EU citizens, the EEA Family Permit. But it requires:

1. Proof of a 'durable' relationship.

2. the EU citizen must have or be exercising his/her Treaty rights, ie lived, worked, studied etc in another Member State.

As I think I have a right to Irish citizenship I might try that one! In UK it's a five year path to naturalisation instead of the normal three years with Fiancee/UPV/FLR/ILR/SET route.

And Germany doesn't seem to acknowledge it's existence as far as I can see, was looking for a loophole there!

In addition, my friends in the know seem to think that from 13th October this year, possession of any UK Residence Permit means visa-free travel in the Shengen area. Seems a bit one-way so I'm waiting for more info on that one.

ste

[BC]

As I think I have a right to Irish citizenship I might try that one! In UK it's a five year path to naturalisation instead of the normal three years with Fiancee/UPV/FLR/ILR/SET route.

That's what I did... missed the deadline for automatic citizenship of spouse though.. but did get wifey a permanent euro GC so what the heck..

[Ste]

That's what I did... missed the deadline for automatic citizenship of spouse though.. but did get wifey a permanent euro GC so what the heck..

Bloody Yanks. Overpaid, oversexed and over here!

My dad used to tell me that!

Ste

[BC]

Ste,

Don't feel so bad.. I'm 46 and only spent 4 of those years in Yank territory. 80% of my life in EU ought to count for something or?

As to #2 and #3 I agree. 

[Bruno]

In UK it's a five year path to naturalisation instead of the normal three years with Fiancee/UPV/FLR/ILR/SET route.

Now we have a fiancee visa too... very simple procedure, visa can be obtain in 3 week...

http://www.diplomatie.be/en/travel/visa/visumFicheDetail.asp?TEXTID=44249

If the Immigration Service approves your application, you will receive a short-stay visa authorising you to stay in Belgium for three months. Your wedding ceremony must take place during this period. After your marriage has taken place, the Immigration Service will then decide whether to grant you authorisation to reside in Belgium for an unlimited period.

Before, it was a long procedure after the marriage ( around 6 month ), followed by a white identity card valid 2 month, follow by a yellow identity card valid 5 year... only after 3 year, permanent residence can be asked...

In anycase, it become very easy for us to mary/live with foreign women... it was already easy for European women ( except UK who is half in Europe and half outside )... but now, it is easy for marry /live with any women of the world...

[Manny]

In addition, my friends in the know seem to think that from 13th October this year, possession of any UK Residence Permit means visa-free travel in the Shengen area. Seems a bit one-way so I'm waiting for more info on that one.

Update me on that one please as and when you get info - as you know Olya is here in 4 weeks and we will be married in November, but hopping through the Schengen is a must for us and I will otherwise be looking to get her French/Dutch tourist visas so we can drive through to France/Holland etc as and when the mood takes us.

And her passport is already nearly full with all our other jaunts! This Euro visa lark is a pain in the arse and getting time consuming and expensive!