Timing for applying for nationality for a card F holder

Member since 23 October 2022

Anxious as hellNew member23 October 2022 09:30:44

This may have been answered but I have a perculia station.

I came here as a student after graduation I tried to secure a job and couldn't and in the process my residency expired (all my previous stay no longer count towards my residency) and I met my ex around that period.

We started legal cohabitation process and then later family reunion process. The first application was rejected and we did apply again and it was accepted.

The second orange card was issued in March of 2018 and my card F was issued in September of 2018 (Though now I am no longer together with my ex we broke up early this year).

I went to the commune to ask when I could apply for nationality and I was told I can only apply after September of 2023 at the expiration of my card F.

I am confused because I thought that the 5 year mark starts counting from the day the orange card was issued ( the commune said the rule has been changed please is this true?) which should be March 2023?

Secondly, I was under the impression that one could apply for nationality at the 4.5 years mark or some months towards the completion of the 5 years mark?

Should I wait till September or should I apply few months from August and what are the possible implications if I chose not to listen to wait as suggested by the commune?

Additional info between the period the first orange card was given to me and now I have obtained a msc and a PhD and been working less than a year now for one go the big pharma here in Belgium.

ABS25 Contributor

Member since 03 July 2022

ABS25Contributor23 October 2022 14:03:42

187

The orange card time period counts if F card application is approved. So i think you can apply around march or feb 2023, you have a MSc and Phd, thats enough for social integration, you need to prove 468 days of work as proof of economic integration. The rest is good if you can show that you speak good enough level of local language. A certificate of language will be a plus.

Anxious as hell New member

Member since 23 October 2022

Anxious as hellNew member24 October 2022 06:49:42

@ABS25 thank you for your response. But the commune said the orange card does not count that what counts is the day the card F was issued. I find this difficult to believe and I am not sure if the commune will accept my application?

I did the integration course about 3 years ago and I have up to level 2.3 in Nederlands.

ABS25 Contributor

Member since 03 July 2022

ABS25Contributor24 October 2022 19:45:28

187

@Anxious as hell Then i would suggest to take services of a lawyer who can explain the law to you and help you for an application if needed.

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR28 October 2022 23:30:50

1739

it's even more complex than that...

In case you wanted your permanent residentship, your students years would could as half.

But in case of nationality, all your student years are fully taken into account.

As long as you don't have ANY gap in your legal stay.

AND your orange card will be taken into account if your partner is Belgian or not...

Anxious as hell New member

Member since 23 October 2022

Anxious as hellNew member04 November 2022 10:36:36

@AlexfromBelgium thanks for your response. There was a gap between my study year and the application for legal cohabitation. At the moment I am no longer with my Belgium partner. My question is, is my 5 years uninterrupted stay start counting the day the orange card was issued? If yes can I apply for citizenship at year 4.5?

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR04 November 2022 20:31:55

1739

In case of a F card, your 6 months orange card is taken into account.

So basically as you've been together for at least 3 years (that's one of the exception in the law, others are: children / domestic violence), you'll be able to ask to at least renew your F card, even if you're not together anymore. (not an F+)

BUT you must have a job + money by yourself + be in order of mutuality.

Or, technically, you could also request a permanent stay:

if you've spend 5 years together: F+

if you've broken within 5 years: K (which is the old "B" card)

All these cards allow you to request Belgian nationality.