non-EU spouse work permit and permanent residence

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Member since 02 August 2018

shaggyboiMember02 August 2018 21:42:32

Hi Folks

I'm a non-EU permanent resident, holding the type B, 5 year residence permit recently. My wife is non-EU and has been living with me for the last 2.5 years as a dependent. A few questions:

1) Can my wife apply for the 5 year residence permit, now that I have the 5 year card (Or) should she also complete 5 years before she can apply for the permanent residency?
2) Can my wife now work in Belgium without the need for a work permit since I'm a permanent resident?
3) I am on an expat special tax regime. Can I apply for citizenship now? I am willing to cancel the tax regime if it helps..
4) In case I apply and get my citizenship in the coming months, can my wife then work in Belgium without the need for a work permit, even though she's not a permanent resident.

I've tried to list some of these complex questions for which I'm not able to find any consistent answers online. It'll be great if anyone can provide some support in this regard. Thanks

aneesh Belgium expert

Member since 11 April 2010

aneeshBelgium expert03 August 2018 06:59:23

2000

1) She should complete 5 years of stay. You may check with your local commune if there is any exception on this.
2) Yes. Your spouse needs a work permit till she gets her PR.
3) You can apply now. Your special tax status will not impact this procedure at all. When you get citizenship the special tax regime will automatically get cancelled. Visit your local commune and they will give you the document checklist that is needed for the application.
4) No., Till she gets a PR or passport, she needs a WP.

shaggyboi Member

Member since 02 August 2018

shaggyboiMember03 August 2018 08:40:32

Thanks Aneeshks....your answers were very clear and helpful

solexhonda Active member

Member since 11 February 2010

solexhondaActive member05 August 2018 12:57:39

One correction to #4.

Once you get citizenship, you're wife should apply for the F-card (Spouse of EU/BE citizen). Processing time is 6 months and once that's approved she can work without a WP.

shaggyboi Member

Member since 02 August 2018

shaggyboiMember05 August 2018 15:23:39

Thank you very much for your help. I will look into the F card that you have mentioned.

aneesh Belgium expert

Member since 11 April 2010

aneeshBelgium expert05 August 2018 21:47:24

2000

Thank you solexhonda !

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