Reason\excuse for residency permit (Australian)

You need to decide category, student or co-habitation I suppose? Unless you already have a job lined up, which would then be work-permit?
Student = enrol at educational establishment, show proof of somewhere to live, funds.
Co-habitation = show proof of relationship, previous co-habitation, proof that girlfriend can support YOU, proof of somewhere to live. If co-habitation is granted, then you can work. It usually takes a minimum of 5 months. You are required not to leave Belgium whilst co-habitation is under consideration, although if you travel in Schengen, as long as you don't get caught, it's fairly easy to break this condition.

schoolmum wrote:

You need to decide category, student or co-habitation I suppose? Unless you already have a job lined up, which would then be work-permit?
Student = enrol at educational establishment, show proof of somewhere to live, funds.
Co-habitation = show proof of relationship, previous co-habitation, proof that girlfriend can support YOU, proof of somewhere to live. If co-habitation is granted, then you can work. It usually takes a minimum of 5 months. You are required not to leave Belgium whilst co-habitation is under consideration, although if you travel in Schengen, as long as you don't get caught, it's fairly easy to break this condition.

Thanks for the response.

Being a student is not possible as im studying through my australian university by distance.

Co-habitation is not good as it takes too long and we have not been together 1 year (if 1 year is what is needed). Is this the same as the defacto arrangement?

yes, I've not heard anyone used the expression "de facto" but I am guessing you mean co-habitation as if you are the spouse of someone. There is a high rate of abuse of cohabitation by non EU nationals seeking a route to stay in the EU, this is why any EU authority is going to be a bit tough on the conditions they use to accept co-habitation. If you were co-habiting and already had children and the EU national had a job, well then co-habitation as the family member of an EU national would be pretty much a formality.

Check the conditions of schengen entry for Aus nationals. It's usually the rule 90 days in, 90 days out, but there are exceptions to this for certain nationalities, I can't remember by heart which nationals are exempt and can stay 90 days in Schengen, leave the area and immediately re-enter for another 90 days. This is visit visas only remember, NO work is allowed.

This is what I mean by "De Facto"- http://www.diplomatie.be/canberra/defau … content=88

I am completely out of the Shengan visa, and it is the 90 in, 90 days out (ie cannot exit/reenter).

Working is not a priority/

There is an exemption for Kiwis to the 90 in and 90 out, at least there used to be, unless it has been rescinded in the last couple of years. No idea about AUS.

Yes de facto is the wording which is has been translated on the diplomatie website, I've only previously heard it called co-habitation.

Looks like it is just Kiwis who can jump from country to country without reference to 90 day in 180 rule for Schengen entry...

A quick search brought this up.
New Zealand is a special case. According to safetravel.govt.nz, "New Zealand has bilateral visa waiver agreements with many of the individual countries in the Schengen area. These visa waiver agreements allow New Zealanders to spend up to three months in the relevant country, without reference to time spent in other Schengen area countries." A list of countries is found at the link above.

How old are you? There's and 18-30 working holiday scheme, but my guess is you will have to return to Canberra to apply.

Lucky New Zealanders!

schoolmum wrote:

How old are you? There's and 18-30 working holiday scheme, but my guess is you will have to return to Canberra to apply.

Yes, I fit in this age bracket, and I have throughly looked into it. However, yes they want me to return to Canberra to apply! Ridiculous I think...

It's usual if you are a tourist in one country, you cannot apply for a visa to another country from the country your are visiting, you either get the right visa before departing from your home country or return there. My guess is that you could only apply therefore from Spain if you had permanent or long term residency there. Sorry, that's just the way things are. Either return to Oz for a month and come back, or take a risk and submit a cohabitation request in Belgium, wait many months without travel, then get the final decision.

schoolmum wrote:

It's usual if you are a tourist in one country, you cannot apply for a visa to another country from the country your are visiting, you either get the right visa before departing from your home country or return there. My guess is that you could only apply therefore from Spain if you had permanent or long term residency there. Sorry, that's just the way things are. Either return to Oz for a month and come back, or take a risk and submit a cohabitation request in Belgium, wait many months without travel, then get the final decision.

I do have 1 year residency from Spain.

Is there really no solution here beside going back to Australia?

Have you asked the Belgian embassy in Madrid if they would process a working holiday application? You see some consulates will not deal with those sort of categories, as Spaniards do not need permission to live in Belgium, the visa services in Madrid may well be limited to certain categories of visas only, as there simply isn't the demand. If the Belgian authorities have told you already that a working holidaymaker visa is only issued for Australians from Canberra, then that is what you have to do.

schoolmum wrote:

Have you asked the Belgian embassy in Madrid if they would process a working holiday application? You see some consulates will not deal with those sort of categories, as Spaniards do not need permission to live in Belgium, the visa services in Madrid may well be limited to certain categories of visas only, as there simply isn't the demand. If the Belgian authorities have told you already that a working holidaymaker visa is only issued for Australians from Canberra, then that is what you have to do.

Yes, I have spoken with them and they were complelely unhelpfull in the situation.

It is out of the question to fly the 36 hour journey to Australia to just return.

Is there really nooo option with residency??? How about saying I plan to work there?

You plan to work in Belgium? Black market work is not so easy to find and I would not recommend it at all. If caught, the Belgian Police will not be sympathetic and there is a Schengen wide database of those who fail to repect immigration laws.

You can only work if you have a work permit or if you are treated with the same status as an EU national as the spouse of an EU national (EEA family permit / cohabitation / de facto relationship). It will take you several months to process the latter.

In your shoes, I would take the easiest (initially costly) option of returning to Australia for a month and returning legally with a working holiday visa. A month in ones life is not a great time to wait.

Like I said, going back to Australia isn't the best option. I feel surely there is another way! When I spoke with the government section in Liege, they said I needed a 'good reason' to stay there/become a resident.

Seeing as going back to Australia looks like the ONLY option I have looked into other countries.

The Netherlands have a far looser Working Holiday Visa program, and say I don't even need to apply for it. They say I can just show up and get residency without needing a reason.

Can anyone see any problems with the netherlands residency whilst living in Belgium?

Yes the Netherlands residency is valid in the Netherlands and nowhere else. Belgain residency is valid in Belgium and nowhere else. Only EU nationals and their family members can move around the EU and become residents in the other countries with ease and STILL they need to comply with the of housing and supporting themselves in the other member states. As a non EU national, you have to apply for residency in each EU country individually. Netherlands residence will grant you the right to visit Belgium but not to live or work there.

I think you might also find the Netherlands won't just give you residency just like that. They'd surely want to see proof you have an address there which is going to be more than a hostel! w

Hi hoping to get some help here.... or be directed to the right place..

I have 3 questions regarding EEA FAMILY PERMIT

ALL MY DOCS ARE IN PLACE as per UK BA requirement

1- Will the British Embassy in Budapest Hungary accept my Indian Marriage Certifcate (that has been notarised and Appostiled by the Ministry of Foriegn Affairs, Delhi), As we are currently in Budapest,and are in the process of apply for our marriage cert and registering in HUngary

2- Also we will be travelling together, What kind of Accomdation proof can we provide, she has her brother in London doing a drivers job.

3 -We have 800.00 GBP in our acct will that be suffice..

tjvaz, I think you have posted in the wrong country forum :-)

In any case, do not accept the word of anyone on a public forum for opinions on immigration issues.... mind you, you seem to have understood the EEA Family Permit thing well enough and you are trying to comply.... so just relax.

mcfee wrote:

Co-habitation is not good as it takes too long and we have not been together 1 year (if 1 year is what is needed).

It's 2 years.

Have you tried talking to The Ministry for Foreigners (Office des étrangers/Dienst Vreemdelingenzaken)? They handle immigration and asylum, and were very helpful when I phoned them after being sent from place to place without no one knowing what to tell me.

Ministry for Foreigners
At: World Trade Center, Tour II, Chaussée d'Anvers, 59 B, 1000 Brussels
Tel: 02 793 80 00