Orange Card/90-180Rule/Dual Citizen

Member since 13 December 2022

trisleyMember13 December 2022 09:40:05

Hello,

I was on an orange card (family reunification visa) for the last 6 months. We had assumed it would be granted as we had provided all of the required information but it was rejected because of a small bit of missing information. If they had asked us for the additional information we could have easily provided, instead they rejected without any communication and we have had to reapply for the Orange Card. Frustrating right...

I had booked a trip home to Australia assuming it would be granted as I have not been home in 4 years because of previously living in the UK and Covid. I am now not meant to travel as we have reapplied on a new Orange card, but I need to go because I miss my family and really need to visit.

I am wondering if the 90/180 Schengen visa days include the 6 month period I spent in Belgium on the Orange Card. I used the 90 days before applying for the orange card, and then spent 6 months ONLY in Belgium. Can I therefore now leave Belgium and come back into the Schengen zone as in reality it has been 180 days since I have been travelling around the EU (Schengen Area excluding Belgium). Or is it likely going to register that I have been in the Schengen Zone for 270 days (90 days + 6 months) and I will have to explain the visa rejection and reason for overstay?

As additional information, I am a dual citizen with Australian and Belgian passports. All of the processing has been on my UK passport, so I am wondering if I could legally just return on my Australian passport?

I am not trying to go against the system, as we have done everything legitimately through the visa process. But the rejection of the Orange Card was unexpected so I would really appreciate a bit of information on this situation.

Thanks,

AlexFromBelgium Animateur Belgique EN/FR

Member since 28 January 2018

AlexFromBelgiumAnimateur Belgique EN/FR15 December 2022 21:20:56

1739

The orange card do not allow you to cross the border to come back in Belgium!

You must have either a resident permit or a valid visa to let you in / travel to EU.

Technically you should NOT travel while resident permit is ongoing, basically because of the 90/180 rules.

Immigration / border check will see that you've not been out of Belgium for 90 days and will deny your entry!!!

Unfortunately, you've to wait 5-6 more months until you get your resident permit OR you decide to not come back...

peterjohn1104 Active member

Member since 21 January 2022

peterjohn1104Active member27 April 2023 23:39:42

Hello,
I was on an orange card (family reunification visa) for the last 6 months. We had assumed it would be granted as we had provided all of the required information but it was rejected because of a small bit of missing information. If they had asked us for the additional information we could have easily provided, instead they rejected without any communication and we have had to reapply for the Orange Card. Frustrating right...

I had booked a trip home to Australia assuming it would be granted as I have not been home in 4 years because of previously living in the UK and Covid. I am now not meant to travel as we have reapplied on a new Orange card, but I need to go because I miss my family and really need to visit.

I am wondering if the 90/180 Schengen visa days include the 6 month period I spent in Belgium on the Orange Card. I used the 90 days before applying for the orange card, and then spent 6 months ONLY in Belgium. Can I therefore now leave Belgium and come back into the Schengen zone as in reality it has been 180 days since I have been travelling around the EU (Schengen Area excluding Belgium). Or is it likely going to register that I have been in the Schengen Zone for 270 days (90 days + 6 months) and I will have to explain the visa rejection and reason for overstay?

As additional information, I am a dual citizen with Australian and Belgian passports. All of the processing has been on my UK passport, so I am wondering if I could legally just return on my Australian passport?

I am not trying to go against the system, as we have done everything legitimately through the visa process. But the rejection of the Orange Card was unexpected so I would really appreciate a bit of information on this situation.

Thanks,
T.
-@trisley

But why do you have Belgian passport = Belgian nationality but you still have the Orange card? I believe you can move around with Belgian passport, no?