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Visa for marriage in belgium or cohabitation?

Last activity 06 September 2022 by kezz

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Loulynn
Hello, can someone advice me here please, I am kenyan and my fiance is Belgian, we have known each other for 8 months now, within this 8 months he has traveled to my country kenya oncce(8days) then I have also traveled to belgium on short stay schengen visa(30days) and he is planning to visit me me in my country for .......My intention is to relocate to Belgium after this. I'm  i eligible for visa to get married in belgium or is it possible to relocate by cohabitation visa?kindly advice
photographycecile
@Loulynn

Hello,

Welcome to the Forum! Happy to hear you are in love and looking forward to a future together, possibly in Belgium.
From the timeline you provided it looks like this is a beginning relationship, am I correct? If I count the days, you have seen each other “in real life” for a maximum of 38 days.

Since relocating, immigrating and intercultural relationships in general can come with a lot of challenges, it is good to first assure it is a durable relationship. That is why the law requires a serious commitment like marriage but cohabitation is definitely possible as well (we did it successfully).
I don’t have experience with the family reunification based on marriage so I cannot advice you well on that one. But for cohabitation you can take a look in the requirements I will mention below (according to my best knowledge, open for forum corrections of course!).

If I look at your situation at this moment you will not be able to prove a durable relationship yet. But if you intend to do the cohabitation procedure in the future it is very important to keep and collect already now all the proves of relationships from since you know each other. During the procedure you will be asked to provide those! Think of online chats, pictures, emails, calls, screenshots, plane tickets etc (make back ups of it, put everything in a timeline etc). Proving proves of the durability of the relationship is absolutely key!

Keep in mind that relocation based on cohabitation can (by times) be a frustrating experience. First you have to know each other for more than 2 years (legal requirement) and then it might take another year before you finish the whole procedure, relocation and get your residency fixed here (F-card).

During that year of “hanging” you might be depending a lot on your partner in Belgium, which might not always feel so pleasant. That feeling of having little control on your life, financial dependency, giving up work, family and friends back home, adjusting to mentality and climate here, going through cultural adaptation, following up on the legal procedure and a lot of paper work, starting a new life here, making new friends, learning the language, following the obligatory integration courses, finding a job, etc . It is not something to take lightly. Also cohabiting with a person for the first time (during that already stressful process or relocating) requires a lot of adjusting and getting into sink with differences and might put more pressure on the relationship than expected in advance.

Just saying this because it is important to have a very realistic idea of what to expect. Also be prepared for the worse cases scenario when authorities are not smoothly accepting the procedure and you need to oppose decisions or have to go through additional stages of providing proves etc.

FYI: we started our procedure in July 2021, medio November 2021 my partner came here and we declared legal cohabitation, medio July 2022 he got his F-card. It took 6 months waiting back home and six months waiting in Belgium. Patience is a virtue for real!

COHABITATION REQUIREMENTS:

You can declare legal cohabitation in Belgium if:

You
-    You (and your partner) are over the age of 21 (prove by you with a legalized birth certificate)
-    You (and your partner) are both unmarried (you have to prove this with a legalised certificate of no impediment)
-    You have no convictions for crimes or offenses under common law (you have to prove this with a legalised certificate Police Clearance)
-    You have sufficient personal resources to cover the costs of your stay in Belgium (if not your partner can be guarantor by obtaining a Bijlage 3bis/Annexe 3bis at the community)

Both of you
-    You and your partner have a durable and stable relationship
-    You have to prove this by (3 options)
1. You have lived together uninterruptedly in any country for at least one year, OR
2.  You have a common child together, OR
3.  You have known each other for at least two years. In this case, you must prove that:
(a) You have had regular contact by telephone, mail, app AND
(b) You have met three times during the two years immediately preceding the application, AND That these meetings total at least 45 days

Your partner
1. Has to prove that he/she has adequate housing for the both of you
2. Has to prove that he/she has stable, regular, and sufficient resources available (there are monthly income requirements),
3. Has Health insurance

There might be a few extra small criteria but when you are seriously considering legal cohabitation when you qualify I might be able to help you through every step.
Loulynn
What if we got married here in my country and then apply for family reunification visa will it be accepted or it does not pass the eligibility test?
Loulynn
Thank you for your response @photographycecile.
Jaci78
Better get married there. It’s easier and best.
Avalu
Belgian citizens need a "attest geen huwelijksbeletsel" to allow marrying outside Belgium
Loulynn

@Jaci78 in this case after getting married here can I apply for family reunification to join my partner in Belgium?

Jaci78

@Loulynn He is the one to do the paper work for you when he come to back here. Then he will send them to you, you make to make an appointment with your embassy, go for interview and they will decide.

Loulynn

@Jaci78 well noted thank you for the kind feedback.

kezz

Hello.


Please advise me if you can. I have been in Belgium without papers since 2012. There's a long story behind it and i don't wanna go into details now, but i applied for regularization under article 9bis over a year ago but no response from immigration yet. I have been in a relationship with a dutch man for over 3 years, but he hasn't worked in over one and half years cuz he had back surgery and now he's at home on disability. Can my residency be speeded up or granted if he were to approach his commune and ask for samenwonen with me?. His disability pay is only about 1,480eu a month and i don"t work but i have mutualite.


Boyfriend is afraid he will loose his disability entitlements like reduced rent, electricity, water, gas bills etc if we stat living together while he's still on handicap status. He's worried his income won't be able to sustain us both.


But, i'm thinking if our cohabitation is accepted, then i would get my resident permit and can find work, so there'll be two incomes.



Any input or advise would be highly appreciated.




Thank you

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