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Continuous work but interruption in residence? for nationality

Last activity 16 April 2024 by hssn601

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hssn601

I have already gone through the old threads but still have not been able to find the answer to my question.


My Situation:


Most probably next week, I will receive my L-Card after five years of continuous work. During these five years, I visited my family in my home country, and the total duration of my stays is approximately 10 months. None of these single stays exceeded six months.


Considering I receive the L-Card and then go to my home country for another months, and after coming back, I apply for nationality:


My Situation then:


Work/tax/social security: 6 years continuously


Registered in Belgium: 6 years continuously


Out of Belgium: 13 months (visiting family, once stuck there during the corona season for four months)


Question:


How exactly interruption is calculated? As per my understanding, for nationality, you need five years of uninterrupted main and legal residence. Legal residence can be proven by the L-Card, and main residence can be proved by the extract from the population/foreign register. For me, both do not have interruptions.


In summary with 6 years of continuous employment and some visits to home conntry (13 months total) will be considered as an intrupption for nationality?

Mu Jaycee

@hssn601

It's more difficult to get the L card than nationality. I assume that if you are issued with an L card, you have certainly proved that you have lived in Belgium for 5 years without interruption.

hssn601

Yes but after L-card i will be out of belgium for another 3 months and when i will apply for nationality by then my out of belgium stay will be 13 months instead of 12months (max allowed). Even though when i am in home country i will still be working and paying full taxes

Mu Jaycee

You don't need to wait once you've got the L card to apply for nationality, they'll tell you if there are any conditions you don't meet.


As for being stuck because of COVID, this period is certainly not considered an interruption as it was beyond anyone's capacity.


Don't hesitate to come back here and share your experience, it's always useful for those who will find themselves in the same situation in the future.

hssn601


    You don't need to wait once you've got the L card to apply for nationality, they'll tell you if there are any conditions you don't meet.
As for being stuck because of COVID, this period is certainly not considered an interruption as it was beyond anyone's capacity.

Don't hesitate to come back here and share your experience, it's always useful for those who will find themselves in the same situation in the future.
   

    -@Mu Jaycee

After getting L card will not be in Belgium for 3 months and when I am back then will be able to apply for nationality.

BMM996210

@hssn601

In General there is no problem. The uninterrupted work is needed for L  card.

For Nationality you need to just show that you worked for 4** days in the last 5 years. If this is not an issue then there is no problem.

hssn601


    @hssn601
In General there is no problem. The uninterrupted work is needed for L  card.
For Nationality you need to just show that you worked for 4** days in the last 5 years. If this is not an issue then there is no problem.
   

    -@BMM996210

Proving work days / continuous residence permits / continuous main will not be a problem, but the thing that is bothering me is for nationality you need to live for 4 out of 5 years in Belgium but for my case it will be one month less, on the other hand even when i was not in belgium i was working and paying social security here. I have booked an appionment with atlas to get free advice on this will share what they say.

AshwinInBelgium

When there is a interruption in continuous stay they will ask that you should have completed the language course(A2), or atleast thats what they asked in Leuven commune. So its better to have taken and completed that course ahead of applying.

brla15

@hssn601 hi, you are not out of Belgium for more than 6 months, and your total absence should not be 1/5 of the total duration necessary to obtain nationality. my gut feel tells me you should be fine. btw, these absences are concerning those reported to the municipality. did you report to your municipality your stay abroad?

hssn601

Few days back I talked to a lawyer and she said normally they only consider absences that are reported to them. Like for my case I have been working and registered for past 5 years it is like I never went out of Belgium.

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