Information on type-D dependant visa and type-D employment visa

Last activity 27 December 2020 by abhi280119

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abhi280119Member19 December 2020 13:01:27

Hello there,

I am an indian citizen, currently working in Dublin, Ireland. My wife is an indian citizen, currently working in Brussels, Belgium. I have recently processed my dependent visa (type-D family reunification) from Dublin to move to Belgium. In the meanwhile, my current employer has also processed my work permit and I am planning to get the type-D visa for employment now. I have few questions and hope this forum can help me -

1. Can I get the type-D visa for employment even though I already have type-D for dependant on my passport? Both will not conflict and create some legal issues ?

2. If I travel to belgium on work permit and quit/loose the job after few months (employer is not 100% sure if potential work will continue long - It might/might not) and I already have dependant visa then can I use it to continue my stay in belgium, even though initially I moved to belgium through employment visa ? Or, I will have to go back to India and then re-enter with a dependent visa ?

3. If I decide to travel to belgium on dependant visa and after couple of months of moving there, my employer asks me to work (and I already have the work permit approval) then can I start the work straight away while in Belgium Or do I have to go back to India to process type-D visa for employment purpose ?

Thank you very much in advance!

PS. I have looked through different questions/thread but couldn't find this topic being discussed. In case you know this being already addressed then link to that thread would also be very much appreciated.

amitk265Member26 December 2020 22:42:47

Hi Abhi,

I am also in the same boat and have exact same questions. I also searched a lot but nothing on this situation.

Please let me know if you got any answers/links related to these questions.

@Forum - Please let us know if anyone faced similar situation and has any information that can be useful for us to take correct actions.

AneeshBelgium expert27 December 2020 05:57:18

2000

1. D type visa is long-stay. This allows you to arrive to Belgium and establish residence (get a residence permit). This is granted in various grounds - as a worker, or as dependent or child of a worker, etc. The residence permit gets renewed based on work permit renewal (of self or spouse/parent).

You already have a D type visa which allows you to enter Belgium you dont even need a work permit to work here (as a spouse of a work permit holder).

You can enter Belgium with your existing D visa. You dont need to apply for another one. You register in the local office and add yourself to your wife's family composition. Your wife can stay as the head of the household.

After this, you will receive your residence permit (national number). Your employer does not need to wait till you get the RP card to start work with you.

2. You get a residence permit in Belgium and the best is to keep your position in the family composition as dependent of your wife as I see her job is more stable than yours.

3. Again, you get your residence permit and that allows you to live and work here. Visa is not relevant anymore.

abhi280119Member27 December 2020 17:43:27

Hello Aneesh,

Thank you very much for useful information.

Let me explain my current situation - I am currently with an IT company and have been deputed to Dublin on project requirement (working with valid work permit/visa). I have already submitted the application for dependant type-D visa and hope to get it soon. So, if I travel to Brussels with dependent visa, I might need to resign from my company. In that case, the assignment promised by my company (for an oppurtunity in Belgium) will not be applicable. So, the only option will be to find a new job as a dependent. But, if I travel to Belgium for the project assignment through my company with work permit and type-D visa (I will not be getting a local belgium contract rather I will be travelling on deputation) then It might turn out that project is wrapped-up in 3 months and then I will have to go back to india.

This is the situation where I am confused and need some clarity if having two visas will create a conflict or not. So, if I have both the type D visa (dependent and for work) as valid, then I would prefer to travel on the work visa and if things don’t go as planned in my project, I still have the dependent visa for continuing my stay in Belgium.

Thank you for sharing very insightful information and all your help!

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