Again, resident card to my partner

Fellows,

Try to find more answers about my case, I ask here for someone that have experience and/or have similar situation.

I'm Italian and my wife (not legally) live together for 9 years. Before here, we lived together in Malta when we had the residence and her, an ID linked with me like family member. We don't have problems to proof that we have a long-term relationship but asking to the commune, they told me that we need to do a cohabitation procedure instead of ask for a visa to her.

Looking the rules of EC the right visa should be the C visa (article 5.2) BUT I'm not sure about it.

Somebody could help to clarify a little bit before I come back to the commune?

Thanks

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Hi,

Here is the official Belgian position (DOFI) on the subject

Declaring legal cohabitation with a citizen of the Union

Updated 2014-05-15

Go to the competent Belgian consulate for the place where you usually reside.

Ask for a Schengen visa (C visa).

Submit the following supporting documents:

- proof of the lasting and stable character of the relationship
- travel health insurance
- proof that you have sufficient personal means of subsistence to cover the costs of your stay in Belgium, or a legalized, accepted and accepted care obligation (Annex 3bis)
- a copy of your partner's ID card
- proof that you and your partner are over 21 (or over 18 if you have been living together for at least 1 year before your partner's arrival in Belgium)
- proof that you and your partner are single

If your partner has the right to stay in Belgium for more than 3 months because of adequate resources and health insurance, show proof that his resources are sufficient to accommodate you and that his health insurance also covers you.

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Hi phipiemar, thanks for the info.

What's matter the proof that we're single? Both are divorced but overseas. Sounds for me something strange because the EU law didn't mention something like this but that we need to proof that we have a long-stay relationship (easy to do it with the Maltese residence card and leasing contract there for 5 years).

Do you know the link of this official Belgian position?

Thanks again. Your help is really appreciated.

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DOFI

:lol: The Belgian state is sometimes a little old fashioned. But logical. Imagine that your partner is still married, and abandoned her boyfriend and her children in the country ... Or you

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"Little" is a nice joke. So, people that's divorced cannot. Probably who write the laws forget it  :D

Thanks anyway for the link.

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Finalmente, quando vemos a burocracia brasileira, a Bélgica é menos complicada ...

And I speak from experience ... :huh:

For the rest, I hope that both of you will enjoy Belgian life

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Sem dúvida não chega perto :-)

Thanks for the sharing. I contacted a lawyer to fix this situation.

Best regards,

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Attention, the administrative services do not like it. I will advise you to see first with this association.

A.D.D.E.

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Thanks for the tip. I will contact them.

Best

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Legal cohabitation is the best in your case, as it takes only 7-8 weeks to have the answer from the immigration :)
These are no EU laws, but Belgian's one.
Immigration process is left to each state to define the requirements.
Only short stays are common between each states.

The thing is, Belgium gives Visa C for legal cohabitation visa, but are considered as visa D (immigration) in the internal process (Dofi department to give that visa isn't the tourist one, but the family reunion/long stay department)
They know people will get their Belgian foreign ID card fast, so they don't bother giving visa D as "resident card > visa". (a bit strange I know... but that's how it is ^^)




You'll both have to proof you've both been divorced (official certificate - from the judge - that the divorce is acted) and so, are eligible to do a legal cohabitation (as you both must be "single/widower/divorced")

Start to print old pictures and write a history of relationship since you know each other.
Add booking of previous vacation, copy of passport (trip together), flight tickets, electricity bill, as much as you can...
That point is void if you have a child together.


If she required a Visa to come in Belgium, she'll have an interview at the embassy (most probably).
If they don't, it will be in the police station at her arrival.

Make sure you write it together, so she's aware of what you're stating as the interview will be mostly based on these papers you'll write!


And don't forget about the translation+legalization/apost  :top:

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