Visas to accompany or join a citizen of the Union

All applicants who accompany or join a (non-Belgian) citizen of the Union have to apply for a visa C. This means that they have to appear in person at a visa application center of Gerry’s/Fedex to submit their visa application and to get their biometric data collected (except children under the age of twelve) . There is no visa fee and no administrative fee in Belgium to be paid.

A citizen of the European Union has the right to move and reside freely within the territory of the Member States (MS). His family members enjoy the same right, irrespective of their nationality. Only the obligation to hold an entry visa may be imposed by the MS on family members who are nationals of third countries.

The conditions for the exercise of, and the limitations upon, the right to move and reside freely within the Union are laid down by directive 2004/38/EC. This directive provides inter alia that the MS grant family members subject to the visa obligation every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure’.

Nationals of the European Economic Area (European Union + Norway, Iceland and Lichtenstein) and members of their families are likewise beneficiaries of these provisions.

 
Family members
(Law of 15.12.1980, Articles 40bis and 40ter)

The following are considered to be members of the family of a citizen of the Union:

a) His spouse or the alien with whom he is linked by a registered partnership considered to be equivalent to a marriage in Belgium, who is accompanying or joining him.

b) The partner with whom he is linked by a registered partnership in accordance with a law and who is accompanying or joining him, if the partners meet the following conditions:

• they prove that they are in a permanent, stable relationship
• they are coming to live together
• they are aged over 21
• they are single and are not in a permanent, stable partnership relationship with another person
• they are not any of the persons referred to in Articles 161 to 163 of the civil code
• neither one of them has been the subject of a decision on the basis of Article 167 of the civil code, provided that the decision has been converted into res judicata.

c) His descendants and the descendants of his spouse or partner referred to in points 1 and 2, aged under 21 or who are dependent on them, who are accompanying them or joining them, provided that the citizen of the Union, his spouse or partner has custody of them and, in the case of shared custody, on condition that the other person with custody has given their agreement.
NB: Where the citizen of the Union/EEA supplying the right to a family reunion is a student (Article 40, § 4, 3°), only his children or those of his partner (1° and 2°) who are dependent may accompany or join him.

d) His ascendants and the ascendants of his spouse or partner referred to in points 1 and 2, who are dependent on them, who are accompanying them or joining them.
NB: The ascendants of a student (Article 40, § 4, 3°) cannot accompany or join him.

 
The particular provisions in directive 2004/38/EC

There is no visa fee to pay (it is free). However, you will have to pay service fees of Gerry’s/Fedex

You do not fill in boxes 19, 20, 31, 32 and 33 on the visa application form.

You will receive a decision within 15 days from the lodging of your visa application.

Unless there are public order considerations or cases of abuse or fraud, you will receive a SCHENGEN visa (C visa).

 
The burden of proof

You must prove that you are a beneficiary of directive 2004/38/EC. When you lodge your visa application, you must therefore produce documents establishing:

a) your identity,
b) that you are accompanying or joining a citizen of the Union who is himself a beneficiary of the directive,
c) that you are a family member within the meaning of Article 40bis or 40ter of the law of 15 December 1980 on entry, stay, settlement and removal of foreign nationals.

 
Documents to be submitted by the visa applicant

1. Two standard visa forms (type C), per applicant, dated and signed.
2. Two recent passport photos in colour.
3. A photocopy of the used pages of the passport.
4. The validity of the passport must be at least a year after the visa expires.
5. A photocopy of the national identity card.
6. Proof of the tie of kinship, marriage or partnership considered to be equivalent to a marriage in Belgium or registered in accordance with a law (in most cases: marriage certificate). The marriage certificate and the birth certificate have to be legalized by the competent Ministry of Foreign Affairs (Pakistan or Afghanistan) and by the Embassy of Belgium in Islamabad. Please ask the legalization on a separate document and pay the legalization fee of 20 euros to Gerry’s/Fedex.
7. As appropriate, proof that you are a descendant or an ascendant dependent upon a citizen of the Union, his spouse or his partner (birth certificate) The birth certificate has to be legalized by the competent Ministry of Foreign Affairs (Pakistan or Afghanistan) and by the Embassy of Belgium in Islamabad. Please ask the legalization on a separate document and pay the legalization fee of 20 euros per document to Gerry’s/Fedex.
8. Proof that you are accompanying or joining a citizen of the Union who is himself a beneficiary of the directive and thus, proof that the citizen of the Union is already residing in Belgium (residence permit for nationals of the EEA, application for an attestation of registration/annex 19, attestation of registration/annex 8, E card, document attesting to the permanence of his stay/annex 8bis or E+ card) or confirmation that he intends to travel there or stay there for more than 3 months (declaration of presence/annex 3ter, work contract, lease contract, registration in an organised, recognised or subsidised educational establishment, concrete plan shown during an interview, etc.) and a copy of his identity card or valid national passport.