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Divorce cases

Last activity 26 May 2021 by Kaheti

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Kaheti

Hey  everyone am new to this forum  and am kindly requesting for your help.I have been living here in Belgium for 2 years, married by a Belgium but my marriage is not working.What are the process to file a divorce? And will i loose my residential permit? I feel so stuck living in a toxic environment 😓😓😓. Looking forward for your kind help.❤

dambett

Sorry that your marriage isn't going good. Normally after exactly three years of marriage (with a Belgian) the DVZ (the immigration service) cannot withdraw your residency rights granted you can sustain yourself because you are employed or you part of a household that can support you. Rules could differ if your partner is from another EU country or is a 3rd national. For the later the rights you have are more limited. Further, in addition to meeting this requirement I would imagine that the DVZ would want to see a strong dossier showing a high level of integration, such as a decent level in the language, having a source of income, being involved with local organisations, having a higher level of education, trainings in Belgium, etc.

If you have Belgian children you will also fall under this exception. If there is evidence of being "victim of domestic violence" (both physical and emotional) then this is also an exception but then strong evidence must be presented, usually from reports from the victim and witnesses to the police.

Precise information can be found in Dutch via https://www.agii.be/thema/je-bent-famil … echtgenoot under the heading 'Uitzonderingen'.

Kaheti

Hey Dambert,
Thank you so much for this info i do appreciates,am married to a Belgium and its been a hell of a situation😓😓.I have a permanent job though i only work 6hrs per day from Mon-Friday dont know if thats enough considering i think someone need to work 8 hours per day, for language am doing my level 2 dutch.I was looking  some activities to do eg volunteers but because of covid things were not easy, may be now things are getting better its the high time.Thank you i do really appreciates and i hv some relieve that its not that easy to be deported.

dambett

It's a very personal decision but you should really balance the pro's and con's of wanting to stay in Belgium in the long term vs returning to your home country. Since he is Belgian then you will have the right to stay permanently in the country after 3 years so you will have that option. Before you do that though I would suggest that you consult with a lawyer since laws and procedures change all the time. You can also use the free phone consultation from the AGII: https://www.agii.be/thema/vreemdelingen … nburgering
However, a lawyer would help you with seeing about the divorce.

It's good that you have a job already and it should be fine if it is 6 hours a day. It should be at minimum the level of the 'living wage': https://www.agii.be/nieuws/leefloon-ver … nuari-2021

If you want to stay here in the long term then learning Dutch to the highest possible level would be to your advantage. You may want to follow courses or a trade oriented training  to improve your chances in the job market.

Kaheti

Hey Dambett,

Once again thank you for all the information  atleast i have an idea what to do, i will contact a lawyer and see how it goes, i need to move from this toxic environment asap😓.
Thank you so much

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