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Annex 33 and Visa Waiver Question

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darwin32

Hello everyone,

Regular reader here, but first-time poster. I've browsed Google and this forum and have struggled to find information about my situation.

My residence permit renewal request was rejected and I recently received an order to leave the territory (Annexe 33bis). My home country is the USA. According to the "visa waiver faq" document on the EEAS site,  any time spent in the EU on a resident permit does not count toward the 90/180 day rule.

(1) Can I legally stay 90 days past the date of my order to leave the territory?
(2) If yes, must I leave before my specified date for the exit stamp, and re-enter the EU after the date?

See also

Work permit in BelgiumVisas for BelgiumThe Working Holiday Visa for BelgiumBelgium Visa Processing Timeline and DocumentationCould we could get married in Belgium with a tourist visa?
phipiemar

Hi,

If you have received an official order to leave the territory, it is better to obey.

In case of refusal, you will have to start the circus with a lawyer and others ... Frankly not advisable if you want to hope for a future in Belgium.

darwin32

phipiemar wrote:

Hi,

If you have received an official order to leave the territory, it is better to obey.

In case of refusal, you will have to start the circus with a lawyer and others ... Frankly not advisable if you want to hope for a future in Belgium.


Thanks for the reply phipiemar. Here's my follow-up question:  once I comply with the order to leave Belgium by the specified date, can I then return as a tourist for 90 days under the visa-waiver program?

phipiemar

Here is the trap question. Because although I do not have to know the reason, if you received the order to leave the territory, it is not for no reason ...

This style of document automatically blacklisted you to the appropriate authorities. So unless you first clarify your situation, I would say that you risk a negative answer.

In a pinch, but it is really without guarantee, you could ask for an opinion with this association. http://www.adde.be/

phipiemar

Here are the laws concerning that situation

STAY - Order to leave the territory

reasons

- The duration of your stay in the Schengen area can not exceed 90 days in any period of 180 days.
- If you are subject to the visa requirement, also take into account the information on your visa under the heading "Validity period" and "Duration of stay" (See Short stay and Reading of the visa sticker).

The DOFI Office will give you the order to leave the territory if you are in one of the following situations:

- You are staying in Belgium without a valid passport and visa if you are not exempt (see article 2 of the law of 15/12/1980);
- You stay in Belgium beyond the authorized period or you can not prove that you have not exceeded the authorized period;
you are reported for non-admission or stay in the Schengen Information System (SIS);
- You have been deported or expelled from Belgium for less than 10 years and this decision is neither suspended nor reported;
- You are subject to an entry ban which is neither suspended nor lifted.

The DOFI Office may also order you to leave the territory in the following situations:

- By your behavior, you are considered to be in danger of public order or national security;
you are considered to be in a position to compromise the international relations of Belgium or another Schengen State;
- You do not have sufficient means of subsistence;
- You have one of the diseases or infirmities listed in the appendix of the law of 15/12/1980;
- You carry out an independent professional activity or in subordination without being authorized (work permit, professional card or proof of dispensation);
- In application of conventions or international agreements binding Belgium, you are handed over to the Belgian authorities for the purpose of expelling you from the territory of the Contracting States;
- In application of conventions or international agreements binding Belgium, you must be handed over by the Belgian authorities to the authorities of the Contracting States;

Time allowed to leave the territory

- The time in which you must leave the territory is indicated on the order. As a rule, you have 7 days from the notification of the order by the municipal administration.
- If a voluntary departure within the specified period is not possible, you can ask for an extension by reasoned letter addressed to the municipal administration or to the DOFI Office. You must attach proof that the voluntary return can not be made within the time indicated. If the Aliens Office agrees to extend the period allowed to voluntarily leave the territory, it informs you in writing.

- If you do not voluntarily leave the territory within the time indicated on the order, you risk a forced removal.

darwin32

Great, thank you for your replies and for all the DOFI information.

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