Different Options to Emigrate

Hi all!

My wife (28) and I (24) are planning on emigrating over to Belgium at the end of the year. We have hopefully a few different options, and I was hoping somebody has gone through a similar experience. For some backstory, I am currently a hotel manager in the U.S., and I have put in a couple of "feeler" applications to see the responses back on how difficult it may or may not be to find work while or before we go; the responses have been positive and I am still pursuing to see if it will be possible to have a job set up for myself before we depart.

In the meantime, we are trying to go through different avenues. I have grandparents who currently live in Belgium, one of which (my grandmother) is a Dutch national, and the other who I believe has permanent residence. By the time we are looking to depart, my parents will also be in Belgium whose situation is similar. My father has Dutch and U.S. citizenship and my mother is a U.S. citizen. I myself, as well as my wife, holds just U.S. citizenship.

With that being said, my father did not hold his Dutch citizenship while I was born, he was automatically eligible through my grandmother but just recently, I believe in the past three years received citizenship. I have reached out to the Dutch consulate here who has helped me in the past to hear if somehow I am eligible as well, but I doubt it because he did not hold citizenship at the time of my birth. In the mean time, with my current situation, I have been more focused on family reunification. Looking into the laws, my option would be to apply directly with a Belgian consulate here in the States. (On that note, is this a process that a "honorary consulate" can handle? I found one in our hometown that we are in) I also read an EU law that said if I gain employment, I am automatically approved for family reunification, can anyone confirm? If that is the case, I would not need a family member to sign for my well-being or health insurance, correct?

I also found in EU law that if I have a EU national as a relative, I am automatically able to apply for a work visa, but that confused me as I thought you always needed your workplace to apply for you.

What would you guys recommend? Thanks for your time!

Hi,

In relation to the specificities of the Dutch law, I can not say anything. However, I can clarify some points on Belgian law.

- Working point of view:
-> In order to find a good job, all your licenses / diplomas must be validated by the Belgian Ministry of Education. http://www.enic-naric.net/
-> It would be nice to follow the process of obtaining the European Blue Card. It is a card which guarantees to potential European employers that the application for a work permit will be accepted without problem. https://www.apply.eu/

- Permanent Residence Perspective
-> automatic family reunification is only granted between spouses and minor children.
-> having the European family will be able to plead in your favor but will not represent an automatic acceptance since you are of age and married.
- Social Integration
-> you must imperatively start studying one or more of the languages ​​recognized by Belgium. That is to say French, Dutch and German. Any operation made with the Belgian authorities will be compulsory in one of these three languages.
-> If you do not, you risk major problems in your compulsory social integration path.

- social Security
--> As soon as you are an employee of a Belgian company, you and your family will automatically be in Belgian social security. You will be covered at the level of health care, accidents at work and for retirement.

In reference to your points:

- Working point of view:
->I just have a high school diploma through the U.S. Would I need to take any other step other than getting it appostilized?

->Unfortunately, after reading the requirements for the Blue Card, I do not think I will be able to meet the salary requirements, at best I will make 1x the average gross salary, so I don't think this will be an option. Is there still a point to try to apply for one?
"Acquisition of Blue Card has the following requirements. The applicant must have a work contract or binding job offer[13][14] with a salary of at least 1.5 times the average gross annual salary paid in the Member State. A Blue Card acquirer must present a valid travel document (and in specific cases a valid residence permit or a national long-term visa) and documents proving the relevant higher professional qualification.[15]"

- Permanent Residence Perspective
->Would it be helpful to take proof of relationship between myself and my parents and grandparents as you said it would plead in my favor? What exactly does that entail to prove lineage? As in, what sort of documents/procedures would I need to take in order to take to the embassy when applying for the visa?

- Social Integration
->At the current moment, I would say through some tutoring in Antwerp I had as a teenager briefly visiting (three months or less every year) as well as self study for two years, I would say I am at worst B1 and at best B2 in Dutch. Would I need to take a certified exam such as the NT2? If I am not required to, would taking it even help my process? I would have to find a place to take it abroad here in the states however.

- social Security
->How long would my wife and I need to be covered by Schengen insurance in order to be accepted? I know this is a rule to have in order to apply for the visa. I would hate to buy a years insurance to only be insurance by work in three months.

As a footnote, if I am able to secure work through a Belgian company, how does the process differ? Do I still attempt through family reunification, especially probably not reaching the salary requirement for a highly skilled migrant. Would I bring in an offer letter or otherwise or will the company already apply for the work visa?

Thanks for your time!

Hi,

It's my turn to comment on your remarks ...

--> Since the American education system is completely different from the Belgian system, it is imperative to make this equivalence. In case you want a job up to your skills.

--> The blue card is not mandatory but it is a very good signal for potential employers. The reference to minimum income is theoretical. It just allows basic filtering of candidates.

--> As the labor market is very competitive, and when non-European staff are hired, employers are more interested in people whose application for a work permit will be accepted without problems.

--> Family relationship, there are no special documents to present. A simple declaration on the honor of your family concerning a possible care is sufficient. What needs to be understood is that the administration likes to know that there is a solid basis for your permanent residence.

--> A course of civic integration and language learning has been set up in all public administrations in cities. A minimum required is not compulsory at the entrance. But it must be understood that Belgium, while being a small country, has three different linguistic and cultural communities.

--> Social security : Once you have an employment contract, you are registered for Social Security. And therefore your wife and your children will be so. Now during the waiting period, it would be wise to subscribe to a private health insurance. Rates are much more affordable. An interesting insurance is this one https://www.axa-schengen.com/en

--> Again, you should not focus on the wage level. As soon as you have a contract and you have obtained the work permit, the reunification process will start. In reality, what is likely to delay reunification will be the level of living conditions you will be able to offer to your family.

You have to be the dependent of an Eu national to receive freedom of movement rights as non eu. I cannot see in what you ve written that you are dependent of an Eu national

For the work permits you can check: http://www.werk.be/en/information-services/work-permits