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INVITING PERSON

Last activity 06 January 2023 by GuestPoster347

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Adeyola

Good day family,

I trust you are all keeping well.

there's a sentence in the family reunification visa form I need help with, it goes thus:

"Has the inviting person signed an official document that charge is being taken? "

What document is being referred to here?

I am the inviting person but financially being cared for and sponsored by husband who is not in Belgium.

Do I even have the right to invite the children and husband? Husband is our financial sponsor and has all necessary proofs for that.

Thank you in advance for your responses.

AlexFromBelgium

Hello,

Your husband has to go to the commune to sign the annexe 3bis that you'll put into the visa file + payslip + annual taxes documents + ... to proof he has enough money to take care of the visa applicants.

Adeyola

Oh I see, but he is not in Belgium. I am a doctoral student in university of Antwerp. He is my sponsor, so is it possible for me to get the Annexe 3bis and transfer to him?

Is the Annexe 3bis ok for long stay? I noticed majorly it's used for short stay.

Thanks in advance for response.
I appreciate

AlexFromBelgium

Wait, I'm missing some context.

1) Your husband is in Nigerian or at least outside EU?
2) Is this your child (real mother, legal tutor, is the child only related to your husband)? + the child is outside EU?
3) you're going to do a family reunion for the child only, your husband only or both?

Adeyola

Thanks Alex. Yes we are Nigerians. Legally and fully married with kids.
I am thinking of inviting my husband and kids. I also read that as a student with card A, I am not authorized to use annexe 3bis.

All the docs on the VFS checklist for family reunification is ready, those that need to be legalized already légalised, hubby's income surpasses the minimum financial expectations for the whole family.  But that clause on the visa form is what we want to fully understand before booking appointment with VFS.
Thanks

Adeyola

Family reunion is for all the family.

What do you think?

AlexFromBelgium

Of course, you can not sign the formal obligation as you're a student.

You do not have regular incomes, so you're just not eligible to be a financial guardian to anybody until you've a real job!
That document is only for resident in Belgium that are going to legally take care of someone else.

It makes no sense to have that document in your case, especially that it is your husband who's your financial guardian.

But in your case, your husband must make sure to have a lot of money in his bank account, as he's not coming without a work permit.
I think you'll have a problem with this visa request, as you can't handle yourself, your husband & children as a student. Further more your husband is not coming in Belgium with a work contract...  :unsure

I mean, no... that might not work at all for the immigration  :unsure
It might be ok for the children if the father stay in Nigeria, keep working and pay everything.
But, about him, as long as you're student, he should try to get in Belgium through a work permit
==> he creates a company in Belgium or he find a company ready to employ him.
That would look way better for the immigration IMHO.

Adeyola

Of course Alex, he is not quitting his job to come over, you are totally right and we already gave it a thought,  but as there are two little boys : 2 yrs old and 3 and half year old, he is going to take a leave from work to get them settle down befor returning.

In fact we already have worries about shutting his passport up for 6 months! We really don't know what to do here. He is actually a Communications Diplomat with an International Organization. We already filling in fewer stay days on his own form while the kids 180.

We are thinking of including a letter explaining to Home office that as a diplomat he will need his passport earlier than 6months. We are not very sure what to do here. Cos he is the accompanying parent for the kids.

We were considering a short stay for him. But you see the visa process already involves flying to Cotedivoire with the kids, so we decided on maximizing the flight by suggesting he also applies for a long stay even though we both know he will like be shuttling Brussels (where family will be based) and Cotonou (his office).

AlexFromBelgium

Be careful. Immigration will not give him a visa D if his goal is not to settle in Belgium!
Especially that family reunion visa is to reunite & settle together!
And if there's no regular, sufficient, blablabla incomes ==> visa denied.

In his case, he should request a short stay visa 3 months maximum per period of 180d.
You should explain the hole situation in a document: I want to go in Belgium with my children and then go back at home after few weeks to get back to work and provide to my family, blablabla

Adeyola

Thank you Alex. 

This your last response is exactly what we are going to do: apply for short stay for him and include a document explaining that he is just accompanying the kids and has to go back to work. Perfect.

But I heard there restrictions for most short stay visas like tourist visa, may be I am wrong. What category of short stay can he apply in order to be able to accompany the kids?

Thank you in advance.

AlexFromBelgium

Family visit/tourism for the visa C of your husband.

Adeyola

Yes thanks bro. Exactly what I was thinking.

Adeyola

But I just discovered something, I may be wrong though.

Students with card A from third countries are not supposed to invite their family until after 12 months of receiving their card.

Please I need clarification.

Thank you

AlexFromBelgium

https://www.ejustice.just.fgov.be/eli/l … el#LNK0069

Art 10bis of the law of 15th December 1980.
Maybe I've missed it, but I can't find anything related to the fact that you must have already stayed one year.

Adeyola

Ok thanks Alex.

You are right, there's nothing of staying one year before inviting family.

GuestPoster347

@Adeyola hi  is anexxe 3bis required for 40ter ? I saw a statement from you earlier on this thread that is why am asking

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