Family Reunification Visa when non EU citizen w/work offer

I have recently found out that some people have had their family reunification visas denied and were told to leave the country. The reason of being denied were because the EU citizen (my wife in my situation) either did not have employment or did not have 120% of referenced income to support the family and it didn't matter that their non EU citizen spouses (me in my situation) had employment and easily exceeded the income requirement to support the family. Is this correct? This ver true. All that matters is the EU partner.

Normally, for EU citizens there is no specific salary criteria. I don think that 120% rule applies to EU citizens. its for Belgian and non-eu citizens normally. but its true that if you do a family reunification with an eu citizen, the eu citizen should have a work. If he/she doesn't have a work, than it is not possible to register with the commune. You have to show that you have contract more than 3 months

@Jaci78 I saw you copied and pasted part of my original post.

But I believe your comment after wasn't complete, could you repost it? Thanks

@Clouderzzz

With the information you provided, I understand that they wouldn't even start our family reunification visa application at the town hall because of my EU spouse not having any work contract?

@GrimJason normally the EU citizen should prove that he/she has a work within 3 months of registration. The best is to contact the town hall directly

I'm learning this process so I'm not a valid reference. But yes, an minimum level of income is required by the EU spouse if the visa is based on an EU family reunification application.

@GrimJason

Your case falls here: https://europa.eu/youreurope/citizens/r … -country-1

The f@ˆ!*ing problem with Belgium municipalities (communes) is that they want to apply their rules. I had some problems similar of yours with one and I had to hire a lawyer to solve the problem. When they receive a letter from a lawyer, everything runs smoothly.

Bureaucracy is the way of life in Belgium.

Well first thing first, in your case you should come in Belgium with your single permit based on your work.

You'll have your 1 year to 3 years work permit/resident permit that will help your family to settle.

If you want to do a family reunion once you're in Belgium (get the F card, no more work permit, ...) then, indeed, you'll depend on your spouse to do it through her nationality rights.

But she will need to work and proof that she can take care of you and you'll never cost 1€ to our government (no matter your current situation: working/not working)

That's one of the condition to do a family reunion!

@pmichelazzo There is definitely a high level of frustration.

After reading the link, thanks by the way, which you included. I understand that it is under the circumstance that my EU spouse is already established in Belgium (Not her home EU country) and that I joining her at a later date.

We, the whole family, are all arriving at the same time so she is not able to be established in Belgium and she does not have a work offer.

I'm understanding that we are not the typical application where the EU spouse is also the one who has the work contract and is opening us up to a gray area of risk. I also understand the minimum and stable salary is specified if the spouse is Belgian in Belgian law but is vague and says it doesn't necessarily apply under EU law for EU spouses (non-Belgian).

There are multiple interpretations of this being approved and being denied and I can't afford to risk being denied with 4 young kids involved.

Any chance of a reference page for third country nationals with a work offer and an EU family?

I'm getting serious push back for the company appointed immigration agency when I'm asking for the Single Permit (Combined) application.

Thanks for your information.

@AlexFromBelgium That is what I'm trying to tell this immigration agency who has a strategy that won't share with me.

My EU spouse will not be employed and is not in a position currently to support herself and the kids whom are EU as well.

The agency is telling me that since she is not Belgian, only the EU law applies to her, which has a vague comment about having support or it being provided by someone else. What the hell, I don't understand who this someone else is supposed to be or how much the support is supposed to be?

Are you able to provide any insight on this EU law for an EU citizen that is not a Belgian citizen?

EU law 2004/38/CE that you depends on:

https://eur-lex.europa.eu/legal-content … mp;from=FR

I re-read again and I was wrong.

As your spouse is EU and non-Belgian, you get way more rights than belgian nationals.

IF your partner get the E card (which is often related to finance to never cost a single 1€ to the Belgian gov, but your salary can be taken into account), you can do the family reunion without the need to proof that you have a correct accommodation & she doesn't need to provide any finance.