Belgium: Permanent resident permits, including whether permanent resident status can be acquired through marriage, whether it can be revoked because of a divorce, and whether it can be reacquired; the types of documents issued by the authorities to persons with permanent resident status; the rights and obligations of permanent residents

1. Citizens of the European Union (EU)

The following information is posted on the website of the Belgian Immigration Office:

[translation]

A citizen of the European Union can reside permanently in Belgium after an uninterrupted stay of three years (after five years, in the case of a student).

The start date of this three- or five-year period is the date on which you receive a certificate of registration (Appendix 19).

You do not have to submit a formal application to the municipal authority.

To submit an application, you should use this form (Appendix 22).

You are entered in the population register.

Your stay in Belgium can end only because of a serious violation of public order.

... Your family members who are nationals of a third country must make a formal application (Appendix 22). (Belgium n.d.b)

The website of the Brussels-Europe Liaison Office (BLBE) indicates that the certificate of permanent resident status issued to a citizen of the EU is called Appendix 8bis (n.d.). Appendix 8bis is available in two formats:

paper format (unlimited validity);

electronic format: E+ Card (five years validity renewable) (BLBE n.d.).

The certificate of permanent resident status issued to a [BLBE English version] "member of family coming from a third country to join a EU citizen in Belgium" is called Appendix 9bis (ibid.). The Appendix 9bis is available in two formats:

paper format (unlimited validity);

electronic format: F+ Card (five years validity renewable) (ibid.).

2. Non-EU Citizens

The BLBE states that citizens of countries outside the EU can obtain long-term resident status (BLBE n.d.).

The following information about long-term resident status is posted on the website of the Belgian Immigration Office:

[translation]

Council Directive 2003/109/EC of 25 November 2003 Concerning the Status of Third-Country Nationals Who are Long-Term Residents stipulates the following:

that Member States of the European Union (with the exception of Denmark, Ireland and the United Kingdom) shall grant long-term resident (LTR) status to a third-country national who has resided in their territory for the five years immediately preceding the date on which the application for that status was made; .... (Belgium n.d.c)

3. Granting Long-term Resident Status

The website of the Belgian Immigration Office provides the steps to follow to apply for long-term resident status:

[translation]

What are the requirements that I must meet in order to acquire long-term resident status?

You must:

be authorized or admitted to stay in Belgium for an unlimited time,

have stayed in Belgium legally and without interruption for the five years immediately preceding your application for long-term resident status,

earn a stable, regular and sufficient livelihood to provide for your needs and the needs of your dependent family members and to prevent you and them from becoming a burden to the government authorities,

have medical insurance that covers the risks in Belgium,

have a national passport if your identity could not be established in a previous process, and

not be a danger to the public or to national security.

Where do I submit my application for long-term resident status?

You can submit your application to the municipal authority of your place of residence (Appendix 16)

If you are authorized to stay in Belgium for an unlimited time, the municipal authority will acknowledge receipt of your application (Appendix 16bis)

If you are not authorized to stay in Belgium for an unlimited time or if you do not produce a national passport and your identity was not established in a previous process, the municipality will not consider you application (Appendix 16ter).

Which documents do I attach to my application for long-term resident status?

Your file must contain:

evidence that you earn a stable, regular and sufficient livelihood

proof of medical insurance that covers the risks in Belgium

a national passport, if your identity could not be established in a previous process

Who will process my application for long-term resident status?

The decision is made by the Immigration Office within five months of the date stamped on the acknowledgement of receipt issued by the municipal authority (Appendix 16bis).

Which stay document will I be issued?

If the Immigration Office:

your application for long-term resident status, or

does not make a decision within five months of the date stamped on the acknowledgement of receipt issued by the municipal authority,

you will be entered in the population register and you will receive a residence card valid for five years (D card) indicating "long-term resident - EC."

This residence card is registered in the list of residence permits issued by the Schengen States allowing entry without a visa.

...

As a general rule, you can apply to renew your card between the 45th and the 30th day preceding its date of expiry.

My application for long-term resident status has been refused. What do I do?

That decision is made by the exclusive authority of the Immigration Office. It will notify you through the municipal authority.

You may appeal the decision.

The information regarding redress mechanisms is provided on the refusal form.

To protect your privacy, neither the consulate, the Federal Public Service Foreign Affairs, or the Immigration Office call center can disclose the reasons for the refusal to a third party, including your host or sponsor. These reasons can, however, be communicated to your lawyer, if the lawyer requests them in writing from the Immigration Office. (Belgium n.d.d)

3.1 Family Reunification

With regard to the spouse of a citizen of the EU or the European Economic Area (EEA) [the EU and Norway, Iceland and Lichtenstein (BLBE n.d.)], the website of the Immigration Office indicates the following:

[translation]

As a general rule, a citizen of the European Union or the European Economic Area, who has the right to stay in Belgium for more than three months, may be accompanied or joined by their foreign spouse or by the foreign national with whom they have a legal partnership considered to be the equivalent of a marriage in Belgium.

The conditions for family reunification

The conditions to be met by the applicant:

establish their identity

not be a danger to the public

accompany or join the citizen from the EU/EEA

The conditions to be met by both parties:

be married or in a partnership considered to be the equivalent of a marriage in Belgium

The conditions to be met by the citizen of the EU/EEA:

be part of one of three categories of citizens of the EU/EEA who have the right to reside in Belgium for more than three months (Belgium n.d.e).

According to the website of the Immigration Office, if the spouse is already in Belgium when they submit their application, the applicant will receive one of the following documents:

[translation]

A certificate of registration (Appendix 8 or E Card) or a residence card for a family member of an EU citizen (F Card). This residence card is valid for five years. However, it can be cancelled if the conditions of stay are violated.

This certificate is registered in the list of residence permits issued by the Schengen States allowing entry without a visa (Belgium n.d.f).

As for the spouse of a foreign national who is staying in Belgium for an unlimited time, the website of the Immigration Office indicates the following:

[translation]

As a general rule, any foreign national who was

authorized at least 12 months ago to stay in Belgium for an unlimited period, or

admitted at least 12 months ago to stay in Belgium for an unlimited period, or

authorized at least 12 months ago to settle in the country,

can be joined by their foreign spouse or by the foreign national with whom they have a legal partnership considered to be the equivalent of a marriage in Belgium.

The 12-month requirement is lifted:

if the marriage or partnership was entered into before the arrival of the foreign national being joined in Belgium, or

if the parties have a child together.

...

The spouse of a foreign national does not have the right of family reunification when another spouse of that foreign national is already staying in Belgium (polygamous marriage).

If the foreign national being joined was themselves admitted to stay in Belgium for more than three months as a spouse or legal partner after September 22, 2011, the right to be reunited based on a marriage or partnership may not be invoked by the spouse or partner until after the foreign national has resided in Belgium for two years.

The conditions for family reunification:

The conditions to be met by the applicant

establish their identity

not be a danger to public health or security

The conditions to be met by both parties

be married or in a partnership considered to be the equivalent of a marriage in Belgium

be 21 years old (18 years old if the marriage was entered into prior to the arrival of the foreign national being joined in Belgium)

live together

The conditions to be met by the foreign national being joined

be authorized at least 12 months ago to stay, unless the marriage was entered into prior to their arrival in Belgium or the parties have a child together

(Translation of stay documents: unlimited CIRE (Certificate of Registration in the Register of Foreigners), B Card, C Card, D Card, F or F+ Card, in principal issued at least 12 months ago)

have medical insurance covering the risks in Belgium for themselves and their family members

have adequate housing

earn a stable, regular and sufficient livelihood to provide for their needs and the needs of their dependent family members and to prevent them and their family members from becoming a burden to the government authorities. (Belgium n.d.g)

The website of the Immigration Office states that if the spouse is already in Belgium when they submitted their application and if they were admitted to stay for more than three months, the applicant will be entered in the register of foreign nationals and will receive a residence card (A Card), which itself is registered on the list of residence permits issued by the Schengen States allowing entry without a visa (Belgium n.d.h). According to the Immigration Office:

[translation]

For three years, the application to renew the A Card must be accompanied by all the documents establishing that you have always met the conditions for family reunification. If those documents are not produced, the Immigration Office cannot renew your residence card, which will therefore not be extended. (ibid.)

4. Loss of Long-term Resident Status

The website of the Immigration Office sets out the conditions that can result in the loss of long-term resident status:

[translation]

Long-term resident status is granted for an unlimited time.

However, you will lose it:

for using false or misleading information,

for using false or fraudulent documents, or

for acquiring that status through fraud or other illegal determinative means in.

You will be informed of the consequences of losing long-term resident status by the Immigration Office. (Belgium n.d.d)

Permanent resident status is also revoked when [translation] "that status is granted to the applicant in another Member State of the European Union or when the applicant has been outside the European Union for more than 12 months or outside Belgium for more than 6 years" (Belgium 14 July 2009, 5).

4.1 Reacquiring Long-term Resident Status

With regard to reacquiring long-term resident status, a memorandum published in 2009 by Belgium about long-term resident status indicates the following:

[translation]

Conditions in which the foreign national with long-term resident status who was outside the European Union for 12 consecutive months and who has lost their right to return can reacquire their status:

The foreign national must hold a valid passport or travel document in lieu, prove that, at the time of the application, their absence from Belgium did not exceed five years, and provide proof that they meet one of the following conditions:

proof that the foreign national resided in Belgium on a regular and uninterrupted basis for 15 years prior to their departure; or

if the foreign national is at least 21 years old, proof that they were outside Belgium for reasons beyond their control; or

if the foreign national was born in Belgium, proof that they resided in Belgium on a regular and uninterrupted basis for 10 years prior to their departure. (14 July 2009, 7)

The website of the Immigration Office states that if a person who obtained the right of permanent residence leaves Belgium for more than two years, that person must, upon their return, re-establish that they have the right to reside there for more than three months (Belgium n.d.i).

5. The Rights and Obligations of Long-term Residents

According to a document from the Belgian government's Federal Public Service for Social Integration, a family member of an EU citizen who is not an EU member themselves has the right to social integration:

if they hold a residence card for family members of EU citizens (Appendix 9), or

if they make an application for permanent residence that was accepted (in which case they would have been issued an Appendix 15), or

if they possess a certificate of permanent residence (Appendix 8bis) (Belgium n.d.a, 2-3).

According to the website Sécuritésociale.be, the right to social integration is open to [translation] "anyone who does not earn a sufficient livelihood and who meets the conditions prescribed by the law," and has three components:

[translation]

employment: a full-time job which is subject to all the rules of labour law, including the rules of salary protection;

an integration income: financial support when employment is not possible;

an individualized social integration plan; or

a combination of these instruments. (Sécuritésociale.be n.d.)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Belgium. 14 July 2009. Office des étrangers. Circulaire relative au statut de résident de longue durée. (Doc 356) [Accessed 9 August 2013]

_____. N.d.a. Service public fédéral de programmation Intégration sociale. "Questions souvent posées sur : qui est membre de la famille d'un citoyen européen." [Accessed 9 August 2013]

_____. N.d.b. Office des étrangers. "Le séjour permanent." [Accessed 9 August 2013]

_____. N.d.c. Office des étrangers. "Résidents de longue durée." [Accessed 9 August 2013]

_____. N.d.d. Office des étrangers. "Le statut de résident de longue durée accordé par la Belgique." [Accessed 8 August 2013]

_____. N.d.e. Office des étrangers. "Le conjoint d'un citoyen de l'Union européenne ou de l'Espace Economique Européen." [Accessed 8 August 2013]

_____. N.d.f. Office des étrangers. "Le conjoint d'un citoyen de l'Union européenne ou de l'Espace Economique Européen - Séjour." [Accessed 8 August 2013]

_____. N.d.g. Office des étrangers. "Le conjoint d'un étranger qui séjourne en Belgique pour une durée illimitée." [Accessed 12 August 2013]

_____. N.d.h. Office des étrangers. "Procédure à suivre lorsque vous vous trouvez déjà en Belgique et souhaitez-y vivre avec votre conjoint (votre partenaire) - Article 10." [Accessed 12 August 2013]

_____. N.d.i. Office des étrangers. "Absence et retour." [Accessed 13 August 2013]

Brussels-Europe Liaison Office (BLBE). N.d. "Séjour de longue durée." [Accessed 12 August 2013]

Sécuritésociale.be. N.d. "Type de prestation de services : revenu d'intégration." [Accessed 13 August 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Brussels-Europe Liaison Office; Consulate General of Belgium in Montréal; EUDO Observatory on Citizenship; KU Leuven; Immigration Office, Government of Belgium; Faculty of Law, University of Liège.

Internet sites, including: Association pour le droit des étrangers; Brussels-Europe Liaison Office; ecoi.net; EUDO Observatory on Citizenship; European Commission; European Migration Network; European Union; Portal Belgium.be Official information and Services; United Nations - Refworld.