Family reunion visa rejected

Not really sure about your issue? They have indicated the amount. Could you prove?

Sorry what do you mean? Prove what?

What is the meaning of 120% amount? I don't understand?

Is it insufficient salary amount?

No it's not sufficient salary. Its the amount in the bank. 120% should be in the bank. But we have no idea how much 120% is in amount. So if we get a lawyer can tell us more

ravenborn6 wrote:

No it's not sufficient salary. Its the amount in the bank. 120% should be in the bank. But we have no idea how much 120% is in amount. So if we get a lawyer can tell us more

Please explain yourself, you keep on saying 120%, which makes no sense.

Well that's what we were told that my husband must have 120 % according to government and laws in Belgium for family reunion applicants. We are confused too what it means becouse we were not told about this earlier before we applied

Well, if you dont know what is 120% of what amount is then how do you expect that we know?

Can you turn back to them and ask what kind of “amount”?

I dont believe that they did not mention what was that… e.g. salary, monthly income,…

According to their law, only proven income is fine. If they do not accept the income, its probably that your husband income is under the minimum amount then they might turn into a kind of a proved amount in a bank (saving account??).

Look at this [link under review]

It mentions your 120%…

That's why we need a migration lawyer to explain more. Anyone with idea how to get one or if you know one please

If your husband lives in Belgium. There are so many immigration lawyers in Antwerpen, Brussels and Brugge. He can also look up on the internet.

Hi Jeci 👋 hope your good. Can you please recommend one? It's kinda tiresome with migration already

You can check this first before asking a lawyer

According to the Official website of immigration office. Cannot post the link because it needs to be reviewed. But Google search will definitely help just in seconds.

[Article 10.§§ 2 and 5, Article 10bis.§1st. and Article 40ter, paragraph 1 of the Law of 15 December 1980]

The sponsor must have at least EUR 1.738.98 net/month.
This amount is equivalent to 120% of the amount referred to in Article 14.§1st, 3° of the Law of 26 May 2002 on the right to social integration and indexed on 1 January 2022:https://www.mi-is.be/en/lequivalent-du-revenu-dintegration-sociale

On the other hand, the income of the sponsor must be stable and regular. He must therefore submit documents covering a sufficiently long reference period.

Not all income is taken into account.

In some cases, the income of other family members may be taken into account.

Having income below the reference amount does not result in an automatic refusal of the application for family reunification.

This is what was written on email.  We don't understand why our visa was rejected.

ravenborn6 wrote:

This is what was written on email.  We don't understand why our visa was rejected.

Did you ask them?

No they said on the email that atlist he has 4 creditors and through the time he has been travelling to Kenya he did not work much at some point he did not get what is required monthly as income during the period of visit. So that too

Hello,

all the information are available on the immigration website.
https://dofi.ibz.be/fr/themes/faq/regro … suffisants
I saw you private messages, so I'll answer a bit more in this topic. (sorry I was not able to reply sooner)


Basically, if your partner is employee, he must proof that he has at least work for more than a year and add the yearly tax review.
He must have a stable job (CDI - full time or multiple short term contract (CDD) renewed for more than a year)

If he's self-employee, then he must give way more details about his own companies & salaries (at least 2-3 years of billing/tax documents)

And of course he must at least get 1.738,98€ after tax per month so they can check the box "ok" and check the others conditions.
In case he doesn't have 1739€ he must proof that he can still welcome you correctly and that you won't need to request help from the government (CPAS & else)
==> full accountant plan with expenses and incomes, money left per month, etc...


Doing an appeal on that matter will obviously fail and you'll lose time as you seems to not have provide enough information in your visa application.
Better prepare a corrected version of your family reunion visa application!

Thank you Alex. But can I a migration  lawyer help us to do another application instead of us doing it ourselves?

You'd pay to much to make them do the job that you can do yourself...
I've never been a huge fan of lawyers, their goal is to get money, their life won't change if your visa fail... yours do!
Going to the lawyer without knowing the topic is a perfect way to sip your money...
When I see in the USA or Australia, lawyer have no issue to ask 10.000€ to do the full visa application, but it's completely legal scam/fraud abusing of people that don't want to take a bit time to understand what they're doing... That's not exactly the way it's working in EU, hopefully, but that exist at a different level...


IMHO, you should get your file ready (before doing all the legalization/apostille of all documents), book an appointment to a lawyer for a review (+/- 75-100€ per visit) and to fix what's not good enough + tips they give, then your partner send the file to you in order to start the visa application from your home country.

That's a good idea Alex well everything is still legalised that it's still yet 6 months since we legalised.  Its just alot to pay for migration process fee. I've never thought its gonna be this hard. Thanx again Alex. But do you know any migration lawyer?

Just make sure you have stable income of more than 1.738.98 net/month for as long as possible and apply again. I do not recommend to waste your time and money with the long process of appeal and lawyer fees and most likely still lose the appeal.

Its true. Its not likely that the lawyer can help anyway if the rule of income sufficiency could not be met at least (12 months continuously).