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Family reunification visa - sufficient means of subsistence

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Abhimanyu1

Hello members,

wish you happy new year.

I would like to have your opinions/experiences on this.

Should a permanent resident card holder in Belgium need to prove for stable, regular and sufficient means of subsistence, while applying for family reunification visa.

The below dofi pages says that, persons with unlimited residence status are exempted from this?

https://dofi.ibz.be/sites/dvzoe/NL/Gids … /Stabiele, regelmatige en voldoende bestaansmiddelen.aspx

De gezinshereniger die is gemachtigd tot het onbeperkt verblijf in België sinds ten minste 12 maanden (kaart B, C, D, F of F+) moet niet bewijzen dat hij stabiele, regelmatige en voldoende bestaansmiddelen heeft wanneer de aanvrager (a) zijn kind is, het kind van zijn echtgenoot, het kind van de vreemdeling met wie hij verbonden is door een partnerschap dat als gelijkwaardig aan een huwelijk in België wordt beschouwd, of een gemeenschappelijk kind, (b) bij hem komt wonen alvorens 18 jaar te zijn, (c) ongehuwd is, en (d) de enige is die zich bij hem komt voegen (d.w.z. de andere ouder vraagt niet terzelfdertijd de gezinshereniging aan).


Thank you in advance,

AlexFromBelgium

Yes and no.
You never need to proof you've money for your children (certificate of birth).
But you always need to proof for stable, regular and sufficient money per month for other family member (spouse included).

International laws states that children should never be separated from their parents, so ("""simplified""") government can't denied a children to come because of the (lack of) money ==> no check regarding your financial health.


But, for other family members (spouse/parents/else), immigration want to make sure that you can take care of your family and that they would not be in charge of the government, sooner or later.
In clear, you need 1505€ after tax per month if employed + 150€ per person in your care.
If self-employed, it's a bit more complicated as you need at least 1.5/2 years of financial papers.

Abhimanyu1

Hi Alex,

Thank you very much.

i am an independent. and, i just started my freelance activity 3 months ago.

before that, i was an employee all the years..

which documents i need to submit ? i am now preparing to submit the visa application before end of January.

AlexFromBelgium

>.>

Sorry to tell you that you're not eligible to start a family reunion process anymore, if you just became self-employed...
You should have became a self-employed AFTER they arrived in Belgium or long before (1year +)

As a self-employed, our government has absolutely no idea about your financial status before 1-2 years + tax + ONSS + ...

Now, you'll need to wait around 1.5/2 years before starting the process...
You'll need a huge amount of financial papers, tax, social security, ...
Check this thread: https://www.expat.com/forum/viewtopic.p … 14#4665548

AlexFromBelgium

I forgot to say:
"unless you find another sponsor", but it can't be you in your current work situation

Abhimanyu1

Hi Alex,

i had look at the url provided. thanks for that. i noted the list of documents.

i have been living here for more than 5 years. i was never unemployed. i have been always working without any gap.

i proved this already. so, i got my unlimited resident card type D couple of years ago.

i have all the payslips and tax certificates of past 5 years.

do you think the immigration department will still reject my application, due to the fact that i just started as freelancer  few months ago.

AlexFromBelgium

yes, I am sure, as you can't proof anymore that you've a stable, regular and sufficient job.


As a self-employed, you can ask your accounting to write whatever you want in your payslip, which is absolutely not the case for employee.
Therefor the SPF Finance will only verify your case once per year (annual balance sheet, annual tax sheets, payslip 281.20 + acknowledgment of receipt from the SPF Finances, ...)
There's no point to do a family reunion as long as you don't have the 281.20 and the acknowledgment of receipt, which would confirm the current financial state of your own company.
And you'll only get these papers in ... 1-1.5 year from now...

As a self-employed, you should consider checking your file with an advocate BEFORE you start the reunion process (100€ per visit, one is enough if your file is "ready").
Immigration often denied self-employed case because of a "missing"/"""mandatory""" paper!

Abhimanyu1

Thank you again Alex.

How do you think an immigration lawyer can help in my case?
is it about verifying all the documents ? or, to provide more supporting information/document?

and, if the lawyer says file is ready then, is there still a possibility for rejection?

if i provide the freelancing contract for a duration of more than a year, will they accept it? as i have the freelancing contract for more than a year, to prove that i will have stable income for that year.

Abhimanyu1

Another question..

in this situation, if i apply for touristic visa, will that also be rejected?

AlexFromBelgium

Just verifying, yes.
Self-employed are really often denied because of a stupid missing financial paper...
It's up to you, just remember that the visa request will take from 4 months, up to 7, as you've a D card.
If your family is denied, you'll need to start again a new request...

I'm just saying that there's no point to pay 100€ if you're confident in what you're doing, but foreigner laws in a "foreign" country can be difficult for you.



Family Reunion is a right defined by laws, not a favor (tourism visa, ...).
The foreign office has no judgment to do in the files, they just verify that you respect the laws:
* Identity of your family (passport, certificate of birth, certificate of marital status, criminal record, medical certificate, health insurance)
* Health insurance for you (mutuelle / ziekenfond) and agreement that your family will be insured when they arrived
* Accommodation in Belgium (registered lease contract / ownership certificate)
* Stable, regular and sufficient means of subsistence to take care of your family


The visa itself isn't complicated at all as you're working, the main issue is that SPF "hates" self-employed.







Tourist visa is a favor and so it can be easily denied if the file isn't good looking.
Your family will need to proof that they'll go back home no matter what, which is the most difficult part.
They must have stable work/school, money on their bank account and strong reasons to come back home (accommodation - owner)
If possible, they must have already used their passport before, to proof their integrity and they never did any illegal immigration (visa of rich countries, ...)
THEY must proof everything (job, money, owning, ...), NOT YOU.
You'll find many other thread about visa C on this forum, with further more information and requirements.

Abhimanyu1

ok..

do you have a suggestion for immigration lawyer.

i would like to check with a lawyer(about supporting documents) in order to prepare my reunification visa very well before submission.

AlexFromBelgium

done by PM.
Still, keep in mind that as long as you don't have the 281.20 + acknowledgment of receipt from the SPF Finances, there's no point to check with a lawyer.



If you own a house/apartment in India or elsewhere in the world (name of your wife on the certificate), family visit visa C is doable and would be granted, as long as you send a bit money on her bank account.
If they don't own anything, forget about visa C and "wait" to be eligible to request a reunion visa D.
Better do nothing than an obvious denial. No need to waste money...

Just to make sure: are you asking for your spouse only to come in Belgium? or do you have any children?

Abhimanyu1

yes received.
thanks to you again.

it is only for my wife. i do not have children at the moment

Alper_

Hi Alex,

I'm in the same situation. Could you please provide me your lawyer's contact?

Thank you in advance.

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