Questions as a third-national spouse of a Belgian National

Wait for Aneesh and Alex. They know these things

By the way is your father in-law still working and earning a salary? Is your husband a working student?

Yes, my father-in-law is employed and has a monthly salary which meets the financial requirements mentioned. My husband is a student but is not currently working since it would be too much to handle all at once.

I'm waiting and hoping for advise, thanks!

Ok that's good to know that your father in-law salary meets the requirement.

Meanwhile, surmon the courage to check the visa site for the reason your visa application was refused. You might find knew knowledge to help you in your future decision about re-applying.

Also, what was the length of stay indicated in the previous visa application? Because you are entitled to a visit your spouse and consequently, entitled to a visiting visa.

Applying for a family-visit visa while your partner is already a resident is always tricky. Authorities always see this as a shortcut to come here and not go back (a bypass to family reunion procedure). This is why such applications are scrutinized and often rejected. Did you get a rejection letter ? Usually they mention the details

Now, you are going to apply for family-reunion as I understand. As one visa rejection is already in your records, they are going to scrutinize your family reunion application more thoroughly (not to put your spirits down, but to set right expectations).

Ideally, when you want to join your partner who is a resident in Belgium, the basic things that are checked are below:
1. Validity and authenticity of your marriage (marriage certificate)
2. Your identity (birth certificate, passport, etc),  your partner's residential and civil status (his residence permit, family composition).
3. Your partner's ability to accommodate/support you because you are going to be his dependent.
    a. financially - he must have an income (his salary slips, account statements) sufficient to run a household of two members.
    b. place to live (a rental contract or a family home sufficient to accommodate the family).
    c. medical insurance (his mutuality to cover you or you subscribe to a Belgian mutuality)

In your case, from what you describe, your husband himself is dependent on his father here. So, - pure black and white - it does not sound very convincing that he has the ability to support and accommodate you here. You plan to submit his father's income proof to cover this point, but I am not very sure if that is acceptable or not. This is just my opinion, in reality the application may even go through, but it is not a straight forward case as I explained above.

Hi,

thank you for your response, I will keep this in mind.


Also have a question about the commune in Belgium and why they won't update my husband's civil status when he went to city hall with our legalized marriage certificate?
They told him that if I have a valid visa to Belgium they will do it and the Embassy here does not recognise my marriage because his civil status at his commune is still "single"

This seems very odd to me and I feel like we're just going in circles.

He lives In Leuven btw.

Yes, the Commune should accept the the legalised marriage certificate.

Let's keep hope alive. Cheers

Hanna-PK wrote:

Hi,

thank you for your response, I will keep this in mind.


Also have a question about the commune in Belgium and why they won't update my husband's civil status when he went to city hall with our legalized marriage certificate?
They told him that if I have a valid visa to Belgium they will do it and the Embassy here does not recognise my marriage because his civil status at his commune is still "single"

This seems very odd to me and I feel like we're just going in circles.

He lives In Leuven btw.

This is normal, once you are here, they can update his status.

Ok, thank you.

I was wondering about this because it just felt like a back and forth between the embassy and commune when we tried doing this.

Guess we just have to apply for Family Reunification and hope for the best.
If it doesn't work out we can just do long distance for a few years until he gets a job, worst case scenario.

Also, I heard that they do not return your original legalised documents once you apply for a Visa D, so do I have to bring a couple of birth certificates and other documents with me once I move to Belgium?

Normally, If you have already submitted the original birth certificate once then later you can ask belgium regional court to provide you the certificate copy any time. And make sure if bring multiple original copies then apostille them before bringing it to Belgium.

It is a good idea to bring one latest copy of birth certificate and marriage certificate when you travel to Belgium.