Non-eu Spouse of Belgian Citizen Living in the UK

Hi,

How long have you been married? Has your marriage been registered in Belgium? Do you have a child in common?

You will be entitled to family reunification as a spouse of a Belgian. You should not have a waiting time if you have been together for a while. Come to Belgium and address the municipality where you will live.

Thank you very much for your answer and I apologise for not giving that much information actually

We got married in Belgium so the marriage is registered in Belgium, we have the marriage certificate in Dutch, translated to English, all apostilled and everything. We got married 3,5 years ago and we have been living here in the UK for the last 3 years. I have my Residence Card of Family Member of a Union Citizen as well. We do not have any children.

I know that I would definitely be entitled to the family reunification but the waiting times for some people seem to be quite long.

Is the family reunification visa like a tourist visa? and once I am in Belgium, I can register at the commune.

Or is it more like a long term stay visa? which the waiting times for can be quite excessive.

i think my main question is how would I get into  Belgium from the UK in the first instance?

This is my bread and butter.

What nationality are you?

This answer dictates what will happen to you. Length of marriage not relevant.

Belgian national has exercised EU treaty rights in UK, returns to Belgium as a non Belgian under EU law but EU national.

Currylover wrote:

This is my bread and butter.

What nationality are you?

This answer dictates what will happen to you. Length of marriage not relevant.

Belgian national has exercised EU treaty rights in UK, returns to Belgium as a non Belgian under EU law but EU national.

Hi,

You're wrong.
Knowing the wedding date is important. In view of the person's answer, it can be deduced that she is already fully regularized from an administrative point of view. So she will immediately receive her residence permit (identity card F) without having to go through the whole process imposed by DOFI.

She does not even have a visa to ask.

Hi there,

I also thought of that too, our situation is a bit close to when a British national can use the Surinder Singh method instead of Home Office rules.

My nationality is Turkish, so I am a non-eu citizen and I can't enter Belgium without a visa. But if I am not mistaken, I should be able to get a visitor's visa from the embassy pretty quickly.

Exactly, it's a Surinder Singh!

Therefore in theory, you get the right to enter Belgium without an entry clearance. (Visa). The reality will however be a bit tricky.

Do you have a UK issued biometric residence permit with "member of eea family" endorsed at the bottom? If you go, that is an article 10 card. That is important to know. Ok to travel in the EU without a visa, you must travel with your Belgian spouse, you must carry your article 10 card with passport, you should carry supporting documents such as marriage certificate, utility bills, work contracts,  documents that prove you are married in a durable relationship and resident in the UK. Then you enter Belgium. Then apply to stay if you wish.



Or
Apply for an EEA Family reunification, quoting the EU FOM treaty, as the Belgian spouse is treated as having exercized FOM in the UK immediately before returning to Belgium.

Yes, my residence card has the family member of a union citizen writing on the bottom and I have travelled with it to a number of countries without there being any problems with my husband, but I thought you would  not be able to travel with it to back to his home country because it would seem as him returning to his home country. so I think I would still need a visa in that case, an entry clearance visa at the Belgian airport, that is if I am flying by plane to Belgium. I apologise, I am not fully aware of all the rules regarding this.

but do I need a visa to enter Belgium if I first travel to france or the netherlands and go to belgium by car or train with my husband? I guess that is another option, just to ease off my mind

I think the main concern is always if the customs officers are well-informed or not about the rules.

NO, you don't need visa.

Just shows your residence card with your passport. That's it. And as I already said, go to city hall for registration and transfert on belgian ID card.

You won't get a Belgian ID card until you take Belgian nationality. You'll be applying for a residence card.

You won't see a customs officer, that person deals with goods and import taxes and  VAT.

If travelling by Eurostar through France or by car and ferry / tunnel through Dunkerque, coquelles and Calais, you'll meet French police aux frontieres (PAF). You're right they are not always familiar with article 10 card travel, but don't be too nervous.

You have an article 10 card issued by the UK with experience of how it replaces the need for a visa in the EU.

You can choose to get the EU family visa but don't have to, it's optional though it's free.