Family reunification decision not made within 6 months

Member since 04 November 2024

HeraTyrellMember04 November 2024 15:02:19

My German husband and I (a non-EU national) moved to Belgium and I applied for family reunification under Directive 2004/38. The 6-month period will expire in a few days and I believe that a decision will most likely not be made. Where can I go with a complaint? I found options with IBZ itself, the federal ombudsman and the German embassy. What other authorities can I contact?

JasperTonniau Member

Member since 21 September 2022

JasperTonniauMember07 November 2024 09:43:57

@HeraTyrell

No need for a complaint. The Immigration Office must render its decision within a period of six months from the date indicated on Annex 19ter. If they have not informed or made the decision by the time the deadline passes you can make an appointment with your municipality for the next day as you should then be granted the F-card.

HeraTyrell Member

Member since 04 November 2024

HeraTyrellMember13 November 2024 12:57:02

@JasperTonniau

I found this information on vreemdelingenrecht:

What if DVZ does not make a decision within that period? According to article 52 Residence Decree, a late decision is equivalent to a recognition of your right of residence (see below). However, according to the Council of State, article 52 Residence Decree has no legal basis.As a result, you can no longer enforce the ex officio issuance of your F card in court if the term is exceeded. Instead of ex officio issuance of F cards, DVZ asks municipalities to extend the certificate of registration by one month. However, there is no legal basis for this.

I had my orange card extended. At gemeente they didn't tell me that I'm entitled to an F card in case of missing the deadline. Do you think I should make another appointment and request it?