Orange Card and legal days before that

Member since 26 January 2021

JazebeMember26 January 2021 16:52:10

I live in Belgium since September 2015 (always legally, uninterrupted, I didn’t leave Belgium even for a single day), I started studying Master na Master in Belgian university ( In english and in dutch ) I hold C1 certificate in Dutch and I got my integration certificate as well. I obtained my degree and graduated in 2019, then I extend my student visa for another year with a postgraduate studies. I also received full equivalency for my first master from NARIC .

In januari 2020 I started legal cohabitation with my girlfriend and in april 2020 I submitted my family visa request. My type A residence permit was valid till mid fall 2021 and a day before Residence permit expiration I received Orange card valid for 3 months. According to commune I will get A card again after 3 months of holding orange card, because my partner doesn’t have Belgian nationality or permanent residence permit yet.

My question is what will happen to my past 5 years and 60 days of legal stays in belgium? Does this 3 months of holding an orange card reset the count of legal stays?

I just heard that the commune won’t consider them if I ask for nationality even if my working days will be more that 460 within the next 2 years?!

Please note My girlfriend currently has a status of “ erkende vluchteling “ or recognized refugee. She is working in Belgium since August 2019 and She is allowed to ask B card as she lives in belgium legally for more than 5 years, also she has been told that she will be able to send a request for Belgian nationality by september 2021 as currently working days are not yet sufficient.

The only thing that I am so worry about is loosing the last 5 years and 60 days of legal stays that I had before getting an orange card.

If so then I have to wait another 5 years to be able to send a request for nationality ?

Peterjohn123 Contributor

Member since 19 August 2020

Peterjohn123Contributor23 March 2021 22:38:42

172

My wife is in the same situation as you and I am afraid that you are correct that the time is reset. Regardless of your girl friend nationality as if she have not been Belgian/EU citizens at the time you applied for the Nationality, your orange card reset your accumulated stay, unfortunately as we can also find this in the law. Im still wait for any other suggestion as if someone get it resolved by a lawyer or something please share

Edigj Contributor

Member since 04 June 2015

EdigjContributor24 March 2021 07:27:30

195

Read my post here: https://www.expat.com/forum/viewtopic.php?id=897317
Provided you have an unlimited card at the time of declaration and you fulfil the other requirements orange card might not be a problem at all.

Peterjohn123 Contributor

Member since 19 August 2020

Peterjohn123Contributor24 March 2021 07:38:35

172

Thank you for your info sharing and congrats that you got the Belgian nationality. I really doubt about that because you got the orange card in family reunion with a Belgian/EU citizens so following the orange card, you will get a F card and the law said that the orange card counts as legal stay.

In my case and the case of the post author, the spouse is not Belgian so the family reunion of the other spouse results an A card (limited). And I read that the orange card is an interruption in this case as for non-EU spouse and non-EU family members

Do they confirm you differently or just as you said?

Edigj Contributor

Member since 04 June 2015

EdigjContributor24 March 2021 07:53:23

195

Even for recognized refuges orange card counts as legal stay for purpose of nationality, but I think your problem is the card A, you must upgrade to B or D to be able to apply.
The unlimited cards for nationality are B, D, F, F+, E, E+ and not A card

Jaci78 Active member

Member since 04 January 2021

Jaci78Active member24 March 2021 08:00:39

Every situation is different. Best talk to an immigration lawyer. Here you will get mixed up and more confused.

Peterjohn123 Contributor

Member since 19 August 2020

Peterjohn123Contributor24 March 2021 08:34:41

172

Yes its true, thats why if everybody share their experience with details that would really help.

Although the differences, sometimes, are in case by case that can yield different result, experiences sharing are really good references.