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Separating from a legal cohabitation as a non eu residence

Last activity 21 August 2023 by woodcook

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Sandra Osifo

Hi everyone I seen previous post are so useful thanks to everyone, in my case I am a non eu residence I have a legal cohabitation with my belgium partner, since March 2020, and I got my F card 2022 January, I work part-time with a permanent contract and studying Dutch as well, I have my integration certificate, he decided to end things between us, our legal cohabitation is 3years will my F card be withdrawn if our union is dissolve? Does the 3years count from the day of legal cohabitation or from when I got F card?


Kind regards

jeanpaulfiliaert

@Sandra Osifo The answer is yes, the F card you have is a probation time, if you end your relationship you will also lose your right of residence and your F card will be revoked

ridewitgab

@Sandra Osifo


Regarding your situation the only way you can save your F card is to have vast contract at work,


The reasons the F card can be revoked is because you have not completed 5 years which is the standard procedure at the moment f card is still under foreign card, if you could stay till 5 years automatically you get F+ which is the permanent residence then you can separate without any issues,Also the reasons for the separations is also important, if the government is involved in the separations directly your F card is saved.

Sandra Osifo

@Sandra Osifo
Regarding your situation the only way you can save your F card is to have vast contract at work,

The reasons the F card can be revoked is because you have not completed 5 years which is the standard procedure at the moment f card is still under foreign card, if you could stay till 5 years automatically you get F+ which is the permanent residence then you can separate without any issues,Also the reasons for the separations is also important, if the government is involved in the separations directly your F card is saved.
-@ridewitgab

@ridewitgab Thanks this useful information

Sandra Osifo

@Sandra Osifo The answer is yes, the F card you have is a probation time, if you end your relationship you will also lose your right of residence and your F card will be revoked
-@jeanpaulfiliaert

@jeanpaulfiliaert thanks yes I have vast contract at work.

Samir Ahmed77

3 years is acounted since 1 st day u had adress together so if u already have 3 years of living together not cohabited . Only adress yogether and u have stable work . Ur F card is saved but u have to inform the foreign affaires in brussel when u change adress. Thats all . The law is called 42 quaters. .. becareful in some cityhall they try to take ur card. So don t be naive.

kebbavansawaneh

Hello Everyone!

I know someone who travelled to Europe through Spain after being issued the schengen visa at the Spanish embassy in one of the countries in Africa.


Can he apply for an asylum in Belgium? And what should he expect after applying for an asylum and etc....Thank you and he's waiting for your contributions.

jeanpaulfiliaert

@Sandra Osifo has no importance of your permanent job or not, this will not be influenced for your residence permit, if you get divorced and you have no F+ recidivism, it may be withdrawn

Clouderzzz

@Sandra Osifo has no importance of your permanent job or not, this will not be influenced for your residence permit, if you get divorced and you have no F+ recidivism, it may be withdrawn
-@jeanpaulfiliaert


No its not withdrawn directly. If you have at least 3 years of marriage, cohabitation legal or common life than you can keep your card if you are working and have a health insurance. Always better to discuss it with a lawyer to confirm but you can keep it under certain rules. 

ridewitgab

@Sandra Osifo


More information I believed your card will not be withdraw from you, After the separations just get yourself a new address which is very important,


And also since your card is still valid it will not be withdraw or revoked, But the danger is when is time for you to renew your card that is were the problems comes knocking,  I am telling you this because I have seen many people with such situations and experience and with your name I see we are both from Edo state (Benin city)

woodcook

@Sandra Osifo If you have been with him officially for 3 years (from when the legal cohabitation was signed) then you can keep you F-card but then you need to have a permanent job with sufficient income.


Your best bet is to contact immigration lawyer, because some commune are strict.

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