Hi,
I have just joined this forum with hope to find someone with practical experience of a similar situation as me and my family are in.
I'm a Swedish citizen, currently living in the United States with my wife, who is a US citizen and we have a daughter who is a dual Swedish/US citizen. We are now looking into moving to Belgium, where I've got a job offer, if I choose to accept the it.
If I've understood the EU laws correctly, the right to move to and work in another EU-country does not only apply to EU-citizens, but also family members of a EU-citizen, as long as the country you're taking up residency in is not the home country of the EU-citizen. Belgium is not my country of citizenship, so these rules should apply. Since US citizens don't need a visa to enter Schengen-countries, it should be possible to travel to Belgium and then register as a resident after we've arrived in Belgium. For example, the Belgian Consulate General in New York says the following on their website: "US citizens do not require a visa for short term visits and can therefore freely travel to Belgium and apply for cohabitation locally. Please contact the local commune where you intend to reside for required documentation."
My question is, has anyone done this move? Is it as easy as buying a one-way ticket and get on the flight? Me, my wife and daughter will travel together. I don't expect any checkin-staff at the airport to be familiar with these rules. Is there a risk of getting denied boarding if you show up with at the airport with a one-way ticket, 10 suitcases and say that you are moving to Belgium for a few years, even if you have the legal right to do so? Any issues at passport control in Belgium?
Anyone who has personal experience of a similar situation and can share some advice would be highly appreciated.
Moving to Belgium, EU-citizen with American spouse
Hi
When you and your family arrive at the immigration you will have two queue options: UE citizen and non UE citizen, as you are Swedish (UE member) your wife can goes along with you in the same queue (doesn't matter if she is American in this case).
At the immigration you will just have to explain that your are moving to Belgium with your wife and child (as UE citizen it's your right to move, you and your family), it's not that complicated, just prepare some documents in hand to show to them, as work contract, rent agreement, or proposal of work (just in case, usually they don't ask this to an UE citizen) but about your wife you have to show the marriage certificate (check if you need an apostille for this document, Hague apostille, probably yes).
As UE is really like coming to your own country, about rights at immigration. So I would not worry so much, just be aware about your rights as UE citizen.
- Check about the health insurance. Maybe she needs to be covered while set things here.
Good luck!
I'm not sure if she can get the plane with an one-way ticket without a visa. She is your wife but she is not an EU citizen and, until she's registered in an EU country, she's a tourist like any other. Can the air company deny the boarding? Yes, they can. Could that happen? I don't know about American companies but, I saw three or four times around the world people on the same situation trying to catch a flight and the boarding was denied.
My wife is also citizen of a third country and last month she returned to Belgium. As her ID card was expired, I bought a round trip ticket to do not have problems. When she arrives at the AMS airport, the immigration officer asks her about the return ticket, even explaining that she's an EU family member.
About your kid, since she's a Swedish citizen, it's fine.
Could I be wrong? For sure. But like I said, there's a grey area that can cause some problems. I think it's better to buy a round trip ticket and, after that, just postponed the return to the future (you probably will use the ticket) and, when you arrive here, do the registration in the commune.
Check the procedures here: https://ec.europa.eu/immigration/countr … -member_en
Luck!
You are right on what on exercising EU rights. All you will face is some bureaucracy and admin stuff with paperwork.
Just take an apostilled marriage certificate to prove your relationship with the non-EU or a birth certificate of the minor. EU migration cannot deny you in this case. If you can translate these documents in NL or FR even better, if not easy in US you can translate once you arrive. As soon as you find a roof you need to register at local city hall. You will receive an E card and the non-EU citizen will receive F card.(For F card it will take 6 month and he/she cannot leave BE/ Schengen. But meanwhile has the rights to work and have access to all the public services healthcare, education etc
My husband is American. I registered him for the F card which took 6 month to get, but he still traveled back and forth to the US with no issues during that time. If your wife is from the US which is a visa free country- she can still travel back and forth once registered as long as she has your marriage certificate and a copy of your passport. That's at least what my attorney told us and it worked for us.
Ps - when we arrived in Brussels, my husband had a one way ticket. I explained we are there to house hunt together as I'm European No issues at all. They said enjoy. We then rent a place and registered.
Yes, I'm aware of the misconception that you have to hold a return ticket to visit the EU, because it's such a common requirement for other countries. But the EU does not have a formal requirement to hold a return ticket for entering, if you can show funds for your stay and purchase of a return ticket at a later date.
If your moving to the EU a return ticket makes no sense, at least if you understand the rules. However, I don't expect check in staff at airports all over the world to be familiar with family based immigration laws of the EU, so it doesn't surprise me that they sometimes believe that you need a return ticket. This will be interesting! 😄
Hi, just want to update about our trip to Belgium from the US two weeks ago. I'm Swedish and make wife is a US citizen and our daughter is a dual citizen, but travelled on a US passport.
We bought one-way tickets (Brussels Airlines) and had zero issues. No questions or issues at check-in and at the passport control in Belgium the guy asked if we are residents of Belgium, I said “No, we are moving here” and said that I was going to start working in Belgium. He responded, “Ah, OK!” and stamped my wife and daughters passports.
That was it. Very smooth and easy.
Thanks for sharing, very helpful.
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