Belgian citizenship and AI(Orange card)

Hello,
I came in BE in 2015 as Non-EU student. I was issued and 1 year A card.
I renewed the card twice in 2016 and 2017. In 2017 I applied to changed the status to F card (Belgian spouse). Status F(family member ob Belgian was approved after 6 month in end of 2017. My student residence would end in 31 Oct 2017. In between there is a gap of 50 days which it was covered with an orange card (FR: Attestation d'immatriculation, NL: Attest van immatriculatie). I was holder of Orange card for 50 days only then my F card was issued.
Right now I have:
1. Master Degree from BE in English.(This will not be considered as English is not official in language in BE)
2. Social integration/orientation completed. Dutch and French language completed( Enough for Nationality)
3. I have already worked  full time in Belgium 2 years and half (more than 700 days)
4. I have more than 3 years marred and living with my Belgian partner in BE.
5. I have 5 year residence in Belgium.
I am trying to apply for Nationally but my commune is turning me away due to they consider the orange card  not a residence permit. So only for 50 days I need to restart the counter in the day I obtained my F card. I can easily prove that during this period of 50 days I was in Belgium working and paying Belgian taxes.

Is there anyone with similar experience? What would be legal ways to surpass this gap of 50 days?
Any good lawyer which has experience/expertise on this to suggest?
Thanks in Advance

Hello

Temporary resident card (orange card) is not considered as a legal stay of more than 3 months, that can be counted for the 5 years of stay. (same goes for annexe 25, 26 and 35)
Only "long stay" resident card (1 year+) can be counted in the calculation of the 5 years. (==> only A, B, C, D, E, E+, F, F+ cards or the annex 8 & 8bis)

An orange card is valid 3 months maximum ("short stay"), which is renewed each time it is needed by a time frame of 3 months (+ police check at home).
Meaning, that it is interpreted by the law as an interrupt of your legal stay in Belgium, even if you were still "legally" staying in Belgium.

In your case, you'll have to wait 5 years after the issue date of your F card to request the Belgian nationality.



You can read the Belgian nationality code from the 28th June 1984, modified on the 4th December 2012 if you want.
https://www.ejustice.just.fgov.be/cgi_l … 1984062835

Thanks Alex for your answer!
But there is something still that bothers me.
I am ok if they ask me extra 50 more days  just to compensate the period on Orange Card. But why should they consider it interruption of residence?! This is something I cannot digest.
I was respecting always the deadlines, and procedures and I have been always in possession of  a valid residence title. Orange card is an official document issued by Belgian government, I did not produce it by myself. So juridically this is contradictory, as with orange card the holder can reside and work legally in Belgium up to 6 months and it is renewable.
I am starting to doubt that this law looks very stupid.
Because:
1. Family member of Belgian? Period on Orange card not accepted.
2. Family member of European (British, Greek, Romanian, Polish, etc)?
Orange card is accepted automatically no questions asked.
Result is that Europeans got much more rights in Belgian soil than Belgium's fellow citizens.

Moreover there have been two rulings for this doth in NL and FR:
https://www.agii.be/sites/default/files … werpen.pdf
https://www.agii.be/sites/default/files … bergen.pdf

If anyone can suggest a lawyer specializing in nationality cases please let me know

Hello Edigj

let's resume:
* You've been staying in Belgium for 2 years with an A card.
* Then you've been temporary allowed to stay in Belgium for 50 days with a temporary orange card waiting for your F card.
The annexe 19ter is not taken into account in the calculation of the 5 years of legal stay.
* Then you've been staying in Belgium for 3 years with a F card.


No matter what, you have a gap/interrupt in your legal stay of 50 days... and your commune is right...


The orange card can't even be counted as "temporary absences from the territory" (such as vacation), as you had no legal right (yet) to live in Belgium at these time.
Annexe 19ter is NOT an authorization of legal stay, it's just a temporary acceptance of your presence in the territory, that can be removed/canceled at any time by the immigration, while a resident permit process is ongoing
If the immigration accept your case, then they offer you a legal stay through the F card, with a validity of 5 years + no work permit needed anymore.
Only when you receive that card, you're under legal stay again.


It's CLEARLY stated that annexe 19ter (orange card) is NOT taken into account for legal stay.
We don't know the context of the 2 cases you're linking, so it's impossible to know if it's relevant on your case...
Even if it's true that EU citizens have more rights than Belgian one on the immigration topic in Belgium... :huh: (due to family right abuse...)
So, these decisions are clearly EU - non-belgian - focussed...




You can pay any lawyer you want, maybe it will work in appeal IF you can send the file to the immigration...
But you've to realize that you'll never see a judge before 1 to 3 years in appeal... (overbooked...) and the process itself already take nearly one year...
By that time you'll already have your 5 years of stay under the F card.................




At the end, you'll need a residence certificate with history of addresses and stays, that you can be downloaded online (commune website or https://www.ibz.rrn.fgov.be/fr/registre … n-dossier/ )
And you should see the interrupt on it......


Sorry but to me, it's clearly a dead case... you'll need to wait 2 more years...
You should have renewed your A card a third time, then switch to a F one... (under the validity of one year of that A card)
That's stupid, you didn't knew, but that's how it is...  :huh:



You can contact http://www.allrights.be/ or http://www.adde.be before paying for a lawyer...

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