We're planning to apply for a visa probably Family Reunification

Hello there xzharism,

A new thread has been created from your post on the Hungary forum so that you may easily get some feedbacks.

Best of luck,
Bhavna

There may be two issues to consider:

1) Any necessary visa to enter the EU
2) Registration of your request for residency under family re-unification.

For the first issue, you may need to seek a visa in your country to enter the EU.

For the second issue, the fact your spouse is a EU citizen gives both him and you certain rights as listed here:

http://europa.eu/youreurope/citizens/re … dex_en.htm

That is, your right to apply for family reunification in Belgium should not matter just because he is a Hungarian National living in Belgium as the rules are suppose to be "EU" standardized. Where, exactly, you need to apply for family reunification is a more complex. You may need to do so in your host country, or you may be able to do it in Belgium. Certain paperwork needed to complete the process may be more easily available and accessed in your country, so this is not a bad method in all cases. But to answer this question it may be best to inquire with the Belgian immigration office.

Thank you for your reply klsallee, appreciate it. Apologies as my query was not clear I may say.  I forgot to include that "my husband is currently residing and working in BE". Our concern is once I apply for visa in Jakarta where the Embassy of HU is and get my residence card once I'm in HU, will it be possible for me to join my husband in BE?
The reason why I asked this because he only has a Ecard from BE which based from the list of requirements "carte d'identité belge/Belgische identiteitskaart)" should be provided.
What is the difference between the 2 cards?

xzharism wrote:

Thank you for your reply klsallee, appreciate it. Apologies as my query was not clear I may say.  I forgot to include that "my husband is currently residing and working in BE". Our concern is once I apply for visa in Jakarta where the Embassy of HU is and get my residence card once I'm in HU, will it be possible for me to join my husband in BE?
The reason why I asked this because he only has a Ecard from BE which based from the list of requirements "carte d'identité belge/Belgische identiteitskaart)" should be provided.
What is the difference between the 2 cards?

Dunno about the Ecard but it's probably same as the ID card which substitutes inter-EU for a passport (same info on it as the passport) (carte d'identité belge/Belgische identiteitskaart = identity card).  Going further afield outside the EU (not incl. EFTA) needs a real passport.

As BE is in Schengen, any visa for BE has the same effect as a Schengen visa issued in HU. You could travel anywhere in Schengen on the one visa. Same conditions of stay apply though, wherever you are (in Schengen).

I believe residence permits issued in another Schengen country allow travel everywhere within Schengen (obviously not UK/Ireland etc).

Yes, I understood that your Husband is currently residing and working Belgium.

The issue I raised, was then why not simply and directly apply for family reunification in Belgium? Thus, not apply for anything in Hungary at this time.

The reason I asked this was because getting a residency in Hungary under family reunification only gives you travel (Schengen area) rights, but it does not necessarily give you a residency right in Belgium. You will probably have to also then apply for residency in Belgium.

For example, when I applied for family reunification in Hungary I had to say where I was living, and how I was to be supported in Hungary. I had proof of independent support but my wife had to sign a document she would allow me to stay in "her house" in Hungary. If your husband lives in Belgium, where will you live in Hungary? With relatives of your Husband? They no doubt will also have to sign similar documents. So it starts to get complicated. Since EU rules are suppose to treat all EU citizens living in another EU country the same as their own citizen, I do think applying simply and directly for residency in Belgium may be something to look into.

You can maybe even try to applying directly with the Belgians using a petition that applying in Hungary would be a "hardship" since you do not have a place to stay there, since your Husband is in Belgium, not Hungary (just as an idea, and worth a try).

I am not an attorney, and your case is more complicated than most. So contacting appropriate Belgium authorities on this issue would be my first suggestions. Then, if you do not get a satisfactory answer (bureaucrats are not always prepared how to handles complicated cases and might give the wrong answers), or if you end up with Embassy 'ping-pong' (were each tells you to contact the other) contact an EU immigration attorney. This I think will probably be the easiest and most cost effective way to find out your options.

Good luck.

Hi Klsalle thank you for response. My husband has a place in Hungary his parents has their own place as well. The reason why were thinking to apply in Hungary is because the Embassy of BE here in Manila is too strict. We have to wait for the visa approval after 3 months. In Embassy of Jakarta we were told that they will give us a visa right away that's why they told us to go there in person.
Apart from that, my husband only has E-card which as per the requirements in Embassy of BE they are requiring for identity card. It might be a ground of disapproval just because we passed a different ID card for that. They are very strict. One lady from another grp told me she got denied just because they submitted a late date document and not the recent date document.

Hi Klsalle thank you for response. My husband has a place in Hungary his parents has their own place as well. The reason why were thinking to apply in Hungary is because the Embassy of BE here in Manila is too strict. We have to wait for the visa approval after 3 months. In Embassy of Jakarta we were told that they will give us a visa right away that's why they told us to go there in person.
Apart from that, my husband only has E-card which as per the requirements in Embassy of BE they are requiring for identity card. It might be a ground of disapproval just because we passed a different ID card for that. They are very strict. One lady from another grp told me she got denied just because they submitted a late date document and not the recent date document. It took her another 3 months before she can reapply then waited for another 3 more months to get her visa approval.
Does anyone here knows the email address of the immigration in BE so we could send an email.

xzharism wrote:

....
Apart from that, my husband only has E-card which as per the requirements in Embassy of BE they are requiring for identity card. It might be a ground of disapproval just because we passed a different ID card for that.....

Ok, I recognise this now I think.  This is like a foreigner registration card.  They have  the same system in Austria and I think also France.  In Belgium an ID card is required but in say NL, it's not.  So this card only says that he's registered with the authorities, it doesn't give him any other rights like a BE citizen would have (for EU citizens, the right to vote in national elections etc). He's not a Belgian citizen. To make it easy, I think you will have to apply for HU and then just travel to Belgium "via Schengen".  Once there, you can sort it out more directly.

Hi fluffy2560 thank you for your reply. I really appreciate it.
There's one more thing that I'm thinking since my husband is living and working in BE will it be possible for me to come with him while waiting for my residence permit? Should we have to stay in HU, will they do interviews for couples?

xzharism wrote:

Hi fluffy2560 thank you for your reply. I really appreciate it.
There's one more thing that I'm thinking since my husband is living and working in BE will it be possible for me to come with him while waiting for my residence permit? Should we have to stay in HU, will they do interviews for couples?

I think so long as your visa is Schengen there's nothing to stop you going to Belgium. But if you have a HU residence permit, they will be expecting you to be available there for interviews. 

I have no idea if they will interview you together. If it was the UK, then they probably would (because of sham marriage issues).

xzharism wrote:

he only has a Ecard from BE which based from the list of requirements "carte d'identité belge/Belgische identiteitskaart)" should be provided.
What is the difference between the 2 cards?

Well, according to what I read here:

http://belgium.angloinfo.com/moving/res … ity-cards/

He is suppose to have a Belgian Identity card if he is a resident. According to this:

http://www.belgium.be/fr/famille/identi … _identite/

(above page translated to English)

the new card is called "Carte d'identité électronique" or simply "eID"  --- I assume that is his "Ecard"? Again, I am not an expert on Belgian law, but maybe your source asking for "carte d'identité belge" is simply out of date?

Also see:

http://eid.belgium.be/en

xzharism wrote:

will they do interviews for couples?

My wife and I were required to have an interview. They also came out to our home and did an interview and home inspection there.

Thank you for your replies. By the way, what's written on my husbands card in BE is E-card and the duration is 5 yrs not the one which is d (carte d'identité belge/Belgische identiteitskaart) the EId is the Identity card its duration is 10 yrs.

xzharism wrote:

Thank you for your replies. By the way, what's written on my husbands card in BE

Then maybe it is a "foreigners card" ? See:

http://eid.belgium.be/en/find_out_more_ … gners_card

Again, not an attorney, but the foreigners card is on the Belgian EID website, so it is your husband's valid Belgian ID, and according to the first link I provided, to submit your application for residency in Belgium*, your husband only has to provide:

"(his) registration certificate as an EU national or any other proof of (his) residence in the country".

Which the foreigners card should do to satisfy EU law.

*But required documents for a travel visa may be different. But I do not know why only a Belgian ID/eID would be acceptable, and not a Belgian foreigners card provided to an EU citizen. Again, interesting question for an attorney.

xzharism wrote:

E-card and the duration is 5 yrs not the one which is d (carte d'identité belge/Belgische identiteitskaart) the EId is the Identity card its duration is 10 yrs.

From the Belgian state website: http://www.belgium.be/fr/famille/identi … vellement/

It states: "La carte eID est valable 5 ans."  (translation: The eID card is valid for 5 years.)

So the valid time of your husband's card does not differentiate it from an eID which is also 5 years. The eID appears to have replaced, for most Belgian citizens, the non-digital "carte d'identité belge" (i.e. which is just French for "Belgian identity card") and which were valid for 10 years (according to Wikipedia). So information requesting a "carte d'identité belge", like I said, oddly appears to be out dated, even if it is from the Belgium Embassy. I understand why you may be confused. Maybe, just phone or write the Belgium embassy for clarification.