OK, now let's clarify some points :
- The issue of an entry visa to a family member who is covered by Directive 2004/38 / EC does not amount to the issue of a residence permit and/or a work permit. Especially in Belgium...
- This directive does not constitute a blank check in order to be able to do everything. It is necessary to read and understand the ins and outs of this European directive.
- And in addition, with the fact of BREXIT, the regulations concerning the rights of the English nationals will change.
- Who is covered by Directive 2004/38/EC?
Citizens of an EU or EEA member state who visit, live, study or work in a different member state
The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children)
Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work [Singh]
- Who is NOT covered by Directive 2004/38/EC?
If a citizen is living in their home EU member state and has not worked in other EU member state, then this Directive does not apply. All movement of non-EU family members into the home state is governed by national law.
Some old-EU member states have special “transitional” arrangements that curb the ability of citizens of new EU states (Bulgaria and Romania) to move freely for work. The curbs can be maintained until 2014. Citizens of new EU member states can however travel without visas throughout Europe, and their non-EU family members can travel freely with them.
Citizens of non-EEA countries who are not travelling with or joining family members who are EU/EEA citizen.
- What is covered?
No-cost, easy, fast issue of visas
Easy right to stay for up to 90 days if so desired. EU citizens and their non-EU family can work if desired in this period, or play.
Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
Permanent residence after 5 years
Right of facilitated entry if passports have been lost, or if a visa has not been obtained
Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent. Reasons for refusal must be spelled out in detail and there is a right of appeal.
EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country.
- As a non-European, you will need to apply for the issuance of a type B work permit. This permit is limited to occupation with a single employer and is valid for a maximum of 12 months. It will only be granted if the employer obtains prior authorization to occupy the foreign worker.
- However, at the present time your wife will have a type C work permit. This permit is valid for all salaried occupations and has a limited duration. It is granted to certain categories of foreign nationals authorized to reside in Belgium. But again the rules will change because of the brexit.
Now that the legislative chapter has been clarified, we will move on to housing.
- There is the ALUR law that regulates the process of renting a property. Here's what she says:
- The information required by the lessor
The owner can ask his future tenant for the following information:
Last name and first name;
Identity card (prohibition nevertheless to keep a copy);
Phone number;
Number of occupants planned, in order to get an idea of all the loads to come, and to check that the area of the housing, in relation to the number of occupants, will be sufficient.
Information required by the lessor, as the case may be.
The information that can be requested by the owner in specific cases:
Civil status: the fact that the tenant is married or in lawful cohabitation has consequences on the lease. On the other hand, it is forbidden to ask a single tenant if he is single, widowed or divorced.
Handicap-State of health: if access to the apartment is specially arranged.
Financial profile and occupation: The landlord may require to know the amount of the income, but the contract of employment can be communicated only on the initiative of the tenant.
Additional information needed to draft the lease agreement
Once the candidate has been selected, information must be requested in order to draft the lease contract. Indeed, a certain amount of information is mandatory:
Name and first two first names;
Current address ;
Date and place of birth ;
In conclusion, if you can respect its conditions, you will be able to find a rental via the normal channels. If not, you will have to look at the classifieds in the newspapers and / or find owners not looking at the creditworthiness and / or origins of their tenants ...