Family reunificatio query

I live and work in Belgium and will be getting married soon, then planning to apply for family reunification.

On family reunification process page i came to this clause, does it meant that if my spouse is 18 years old i will not be able to apply for reunification?

E - The right to family reunification of spouse: if both spouses are above 21 years old (but 18 years where the marriage predates the arrival in Belgium of the alien being joined)

https://pakistan.diplomatie.belgium.be/ … nification

Another clause mention something about under age marriage:

10 - If necessary (rare): Permission for the marriage of minor /an underage person: the certificate to be legalized by the Embassy along with French translation (from Alliance Française)  also to be legalized by the Embassy. For translation of Afghan documents, see explanation here above (A).

https://pakistan.diplomatie.belgium.be/ … nification

Yes, she won't be able to request a family reunion until she turn 21 years old as you're already in Belgium.

There's only 0.00000000000000000000000000000000000000000001% that Belgium will allow you to marry a minor in Belgium.
Through I guess it's doable in Pakistan, but she won't be eligible to come through a reunion visa, before she's 21.
And as you'd be married, tourist visa will most probably be denied as well, unless she'll be able to show thousand of € on her bank account + ownership.

In belgium legal age to get married is 18 why it will be minor.

AlexFromBelgium :

Yes, she won't be able to request a family reunion until she turn 21 years old as you're already in Belgium.

There's only 0.00000000000000000000000000000000000000000001% that Belgium will allow you to marry a minor in Belgium.
Through I guess it's doable in Pakistan, but she won't be eligible to come through a reunion visa, before she's 21.
And as you'd be married, tourist visa will most probably be denied as well, unless she'll be able to show thousand of € on her bank account + ownership.

what about family visit:
https://pakistan.diplomatie.belgium.be/ … mily-visit

Well the law has changed something around 1990 if I remember well, maybe more, I don't remember I was quite young :D
But only for Belgians. (from 21 to 18 years old).
And the law about immigration didn't really changed about that.


18 for marriage between Belgians (with EU too if I remember well).
But the law didn't change with/for foreigner outside EU if a Visa is needed.
Although they did add the exception of 18 years before you come in Belgium, which is not your case.

The thing is that currently she must be 21 to be eligible to request a family reunion or you should get married before coming to Belgium.


I was talking about minor because of your 2nd link that state a rule about marriage with minor.
You can't marry a minor in Belgium, unless you've already a child with her/pregnant, stable couple (you should understand it as: living together), both enough maturity....
and at the end it musts be approved by a family judge. So, there's nearly no way a marriage with a minor will ever be approved in Belgium, even if exception did exist in the past.
Especially in your case living far away from each other.




Family visit is a really difficult visa, as she'll have to proof she'll return to her country.
So she must have 2-3-4000€ on her bank account, ownership (apartment/house/car/...) and stable job, as proof she'll goes back home and won't stay in Belgium or in any other Schengen State

Hello,

I think you are both taking the problem the wrong way. These conditions apply only when marrying a European citizen. And of course for family reunification.

If you are both of non-European nationality, Belgium and Europe do not have the right to declare your marriage null or to prevent you from being together.

On the other hand, if you wanted to get married in Europe, there the marriage authorization would be refused except in exceptional circumstances.

phipiemar :

Hello,

I think you are both taking the problem the wrong way. These conditions apply only when marrying a European citizen. And of course for family reunification.

If you are both of non-European nationality, Belgium and Europe do not have the right to declare your marriage null or to prevent you from being together.

On the other hand, if you wanted to get married in Europe, there the marriage authorization would be refused except in exceptional circumstances.

Then why its mentioned in article 10.
Family reunification of spouse / descendants aged under 18 with a foreign citizen who is neither Belgian nor European citizen, Art 10


If one of spouse is Belgian or europeon then it will be article 40

I came across this link
https://diplomatie.belgium.be/en/servic … y/marriage

Is my marriage valid in Belgium?
A foreign marriage certificate may be recognised in Belgium if the basic conditions for marriage applicable in the country of which the spouses are nationals and the official formalities of the country where the marriage was solemnised have been respected.

Which would be my case, i don't think there should be an issue for reunification even if spouse is not 21 years old yet.

phipiemar :

Hello,

I think you are both taking the problem the wrong way. These conditions apply only when marrying a European citizen. And of course for family reunification.

If you are both of non-European nationality, Belgium and Europe do not have the right to declare your marriage null or to prevent you from being together.

On the other hand, if you wanted to get married in Europe, there the marriage authorization would be refused except in exceptional circumstances.

Today i got reply from Embassy of Belgium in Islamabad and they said reunification can be done when she reach 21. This is really bizarre law they only option left for me is to left job and say good bye to Belgium because of this pathetic law.


They Replied:
Sir,

Family reunification can be done when your future wife has reached the age of 21.

Regards,



Visa section

Email Sent:
Hi,

I need some information regarding family reunification.

My Situation:
I'm Pakistani national, living and working in Belgium and holding a work and residence permit which is valid until 2021. I'll be getting married soon in Pakistan to a Pakistani national who is 18 years old and will apply for II. Family reunification of spouse / descendants aged under 18 with a foreign citizen who is neither Belgian nor European citizen, Art 10.

Question:
As my future spouse is 18 years old which is less than 21 years age, do i need an additional document along with my visa application as mentioned in required documents list.

If necessary (rare): Permission for the marriage of minor /an underage person: the certificate to be legalized by the Embassy along with French translation (from Alliance Française) also to be legalized by the Embassy. For translation of Afghan documents, see explanation here above (A).

Thanks for your attention. I’m looking forward to your reply.

The spouse of a third country national temporarily staying in Belgium must:

establish his identity,
establish that he is married to the sponsor,
come and live with the sponsor,
be 21 or 18 if the marriage is prior to the arrival of the sponsor in Belgium,
not be a risk to public health, and
not be a risk to public order
The sponsor must:

be 21 years old or 18 if the marriage is prior to his arrival in Belgium,
temporarily stay in Belgium (card A or H), 
have  health insurance covering the risks in Belgium for himself and his family,
have sufficient accommodation to accommodate his family, and
have a  stable, regular and sufficient means of subsistence to support himself and his family and prevent it from becoming a burden on the public authorities



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https://dofi.ibz.be/sites/dvzoe/FR/Guid … 10bis.aspx

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