Schengen Visa for Belgium

[Jip99]

I have scrolled through the last 8 months topics but I cannot see any posts relating to applying for a Schengen for Belgium.

 

 

I am aware that they use VfS and there is an online application.

 

 

Does anyone have any personal experience of applying this way.

[Jip99]

Oops! Schoolboy error......... my friend is traveling by ferry and the port of entry will be Calais.

 

Application will need to be made via the French embassy as she will be transiting through France.

[Donutz]

She will need to apply at the embassy (or optionally via the service provider such as VFS or TLS) of the country that is the main destination. If that is Belgium she needs to apply via Belgium even if she crosses the Schengen border via an other country such as France.

 

I assume you did check out the Schengen sticky? It applies for those living in the UK? I can't quite make out from your info if she is on holiday or living in the UK.

[Jip99]

Just now, Donutz said:

She will need to apply at the embassy (or optionally via the service provider such as VFS or TLS) of the country that is the main destination. If that is Belgium she needs to apply via Belgium even if she crosses the Schengen border via an other country such as France.

 

I assume you did check out the Schengen sticky? It applies for those living in the UK? I can't quite make out from your info if she is on holiday or living in the UK.

 

Thanks Donutz.

 

Unmarried so EU directive 2004/38 will not apply.

 

(She is traveling UK first, then Belgian break).

[Donutz]

The Belgians do accept unmarried partners in a long term relationship for directive 2004/38 applications.  I'm not sure what the see as a durable relationship akin to marriage though might be 1 or 2 years of relationship but I'm not sure about their specific interpretation.

[Jip99]

On 6/25/2018 at 12:25 PM, Donutz said:

The Belgians do accept unmarried partners in a long term relationship for directive 2004/38 applications.  I'm not sure what the see as a durable relationship akin to marriage though might be 1 or 2 years of relationship but I'm not sure about their specific interpretation.

 

 

Oh Hum!..........

 

 

Dear Sirs

 

I am a UK citizen residing in Thailand and the UK.

 

 

I have been in a relationship with my partner for over 5 years. We are not legally  married although we have undertaken a traditional Thai 'village wedding'.

 

I want to take her for a short break of 4 days to Bruges; could you please confirm that the Belgian embassy considers us a long term relationship for directive 2004/38 application purposes.

Thank you for your assistance

Yours faithfully

 

 

 

Sir,

The embassy cannot confirm that your relation can be considered as a long term relationship for directive 2004/38 visa application purposes. If this visa application will be introduced on the basis of this directive 2004/38, we will have to send it to the Immigration Office in Brussels for decision.

[Donutz]

I can't find an English page, only Fr3neh and Dutch information but this is what the Belgian MFA says:

 

Visa for EU/EEA nationals:

https://dofi.ibz.be/sites/dvzoe/NL/Gidsvandeprocedures/Pages/Gezinshereniging/Familieleden_van_een_burger_van_de_Unie_Richtlijn_2004_38_EG.aspx

 

Who is considered as an eligible family member?

https://dofi.ibz.be/sites/dvzoe/NL/Gidsvandeprocedures/Pages/Verwantschap met een burger van de Unie, of gelijkgestelde.aspx

 

Which mentions a "duurzame en stabiele karakter van de relatie" or "durable and stable relationship". Sadly I can't find a more specific description, seems to be done on a case by case basis. That might be why the MFA rather than embassy reviews the application. They didn't say they won't accept it but that they would need to pass it on to the MFA in Brussels.

 

A Belgian website that helps in immigration & integration matters says that it's entirely up to the applicant to provide any evidence. The MFA will look at the length of the relationship, (financial) dependency etc to see if the relation is like that of a marriage. They suggest a 2+ year relationship or 1+ year of cohabitation.

 

http://agii.be/thema/de-unieburger-is-economisch-niet-actief-in-belgie/je-bent-unieburger/je-bent-een-ander-familielid-van-een-economisch-niet-actieve-unieburger/wat-zijn-de-voorwaarden-voor-gezinshereniging-als

 

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Je hebt een deugdelijk bewezen duurzame relatie met de Unieburger en komt niet in aanmerking voor gezinshereniging als ‘wettelijk partner’. Volgens DVZ betekent dit laatste dat je een feitelijke partner bent van de Unieburger en dat er geen wettelijk geregistreerd partnerschap afgesloten is, zoals een wettelijke samenwoning. Dit is betwistbaar: het kan zijn dat je wel een wettelijke samenwoning hebt afgesloten maar dat je niet voldoet aan een van de andere voorwaarden als wettelijk partner, zoals het bewijs van de duurzame en stabiele relatie (via 1 jaar samenwoonst, 2 jaar relatie of een gemeenschappelijk kind) of de leeftijdsvoorwaarde.

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Edited June 27, 2018 by Donutz
Url fixed

[Jip99]

Another case where theory and practice are at odds!

 

 

They are clearly saying that they cannot approve the visa in Bangkok based on the directive.

 

They are not saying that it would not be approved in Brussels.

 

The likely time delay makes such an approach unviable.

[Jip99]

Interestingly, from the VfS website:-

 

Directive 2004/38/EC

• Overview
• Visa Fees
• Documents Required
• Photo Specifications
• Processing Time
• Download Form

Overview

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

Please find all the information on this subject and the documents you should provide with your visa application via the following website of the Immigration Office:

Please Click here for more information

 

 

 

Unfortunately, the link is not available in English!

 

Irrelevant anyway if the application will be sent to Brussels for approval.

[Donutz]

It would probably just direct to an English language version of the Dutch pages I linked to.

 

Second link on who is considered as 'family' is still broken. Hope this works:https://dofi.ibz.be/sites/dvzoe/NL/Gidsvandeprocedures/Pages/Verwantschap%20met%20een%20burger%20van%20de%20Unie,%20of%20gelijkgestelde.aspx

 

Which basically says that those who are in a defacto relationship (like a marriage) are applicable. What exactly is seen as a relation equal to a marriage or registrated partnership isn't specified:

 

--

b) Worden beschouwd als familieleden van een burger van de Unie, in de zin van artikel 47bis, § 1, van de wet van 15/12/1980 :

1. De partner met wie hij een deugdelijk bewezen duurzame relatie heeft en die niet bedoeld wordt in artikel 40bis, § 2, 2° van de wet van 15/12/1980 (feitelijk partnerschap). De feitelijke partner kan zich laten inspireren door de criteria die door de wetgever vastgelegd werden om het duurzame en stabiele karakter van de relatie bij een wettelijk geregistreerd partnerschap aan te tonen ;
2. De familieleden die niet onder artikel 40bis, §2 van de wet van 15/12/1980 vallen en die in het land van herkomst ten laste zijn van de burger of inwonen bij zijn gezin;
3. De familieleden die niet onder artikel 40bis, § 2 van de wet van 15/12/1980 vallen en die wegens ernstige gezondheidsproblemen een persoonlijke verzorging door de burger van de Unie strikt behoeven. 

---

 

Rough translation:

B) Will be seen as a family member of an EU national: 

1. The partner with which he has an evidently durable relationship but not one as described by law (...). Defacto partner can use the criteria layed down by the lawmaker on what is said about a durable and stable characteristics of the relationship as by a legally registered partnership.

2. Those who do not fall under law blablabla but who are dependant upon him in the country of origin or who live with him as a family.

3. Those who do not fall under law blablabla but who due to serious healthproblems are in need of personal assistance by the EU national.

 

Which in practise means that the Belgium MFA in Brussels will accept a type C application under Directive 2004/38 if the applicant makes evident that the relationship is a genuine and durable one: lasting 2+ years or 1+ year of having lived as a family under  one roof (this based on the migration advice website, which seems to be true as plenty of unmarried Dutch+ non-EU nationals apply for C and D visas under the Directive. 

 

You would have your answer within 2 weeks of the application. It's just that these type if applications and other complicated, odd etc applications are passed on to Brussels rather than the yay/nay being given in Brussels as with clear cut standard applications. 

 

I did find this checklist:

http://thailand.diplomatie.belgium.be/sites/default/files/content/2._directive_2004_eng-th.pdf

 

 

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2. Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

 

Please find all the information on this subject and the documents you should provide with your visa application via the following website of the Immigration Office: https://dofi.ibz.be/sites/dvzoe/EN/Application-guides/Pages/Directive_2004_38_EN.aspx These rules don’t apply for Belgian citizens living/residing in Belgium if they never lived for minimum 3 months in another country of the EU before returning to Belgium.

 

Required documents:

1. National passport with validity of at least 3 months after the end of the planned journey

2. Completed and signed application form with 1 recent colour photograph (5x3cm) with white background glued on the application form http://thailand.diplomatie.belgium.be/en/travel-to-belgium/visa/useful-addresses-and-documents

3. The document to choose the language in which you would like to be informed about the decision in your visa application http://thailand.diplomatie.belgium.be/en/travel-to-belgium/visa/useful-addresses-and-documents

4. Copy of the identity page of your passport

5. Evidence that there is an EU citizen who opens the right to move and reside within the EU (copy of passport/stay permit in Belgium)

6. Proof that applicant is a member of the family of this EU citizen

7. Proof that applicant accompanies or joins this EU citizen

8. Proof that the EU citizen travels to a State of the Union other than that it has the side-nationalization, or evidence that he is already resident.

 

Remarks:

1. The applicant has to submit his/her application by him/herself.

2. Additional documents, even if not featured in the list above, may be required by the Embassy.

3. In case of foreign documents (e.g. marriage certificate), the translation must be done by translator recognized by the Embassy after the legalization at Ministry of Foreign Affairs. Original documents legalized and translations must then be legalized by the Embassy. The equivalent in Baht of 20 Euros will be required for all legalizations. http://thailand.diplomatie.belgium.be/en/travel-to-belgium/visa/useful-addresses-and-documents

4. The applicant needs to do all legalizations of official documents through the Embassy before submitting the visa application.

5. You can submit your application at the earliest three months before your planned visit.

6. The administrative and visa fee is non-refundable if the visa is denied.

7. Please note that the city hall in Belgium might require your original birth certificate (legalized by Ministry of Foreign Affairs of your country and by the Embassy of Belgium and translation in the language of the city hall) upon your registration in Belgium.

8. A later change to the purpose of the visit is not admissible. A prolongation of the visa is not possible. In both cases, a new application has to be entered. 9. For more detailed information on supporting documents, processing times, tracking the progress of your visa application, legal background and other immigration related topics, please refer to the website of the Immigration Office of Belgium: https://dofi.ibz.be/sites/dvzoe/EN/Application-guides/Pages/Directive_2004_38_EN.aspx

 

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Via way-back-time machine i found an old copy of the English page. Seems like it has been broken since atleast early 2017 but here is a copy from a few years ago:

https://web.archive.org/web/20140311005521/https://dofi.ibz.be/sites/dvzoe/EN/Application-guides/Pages/Directive_2004_38_EN.aspx

 

----

 

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States 

(....)

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

A. 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:

 

B. The following are considered to be members of the family of a Belgian:

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. The spouse and partner must be aged over 21.

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.

d) The father and mother of a Belgian who is a minor, who establish their identity and who are accompanying or joining him

 

 

 

[Donutz]

And finally, this is on the BKK Belgian embassy's website:

http://thailand.diplomatie.belgium.be/en/travel-to-belgium/visa/short-stay

 

 

Though this seems to be aimed at those moving to Belgium on a short stay type C visa but with the intend to turn it into a long stay (immigration) it says this for cohabitation with EU (non-Belgian) citizen it links to:

http://thailand.diplomatie.belgium.be/sites/default/files/content/8._coha_with_eu_citizen_in_ang-th_0.pdf

 

------

(.....)

C) From Both partner 14. Proof of stable and permanent character of your relationship (photographs, letters, mails, telephone bills, money transfers, copies of previous visas and immigration stamps, signed declarations of friends and relatives, proof of holidays together, etc.)

 

(....)

 

4. Minimum age of both partners must be 21 years old or 18 years old if you can submit proofs justifying that you and your partner have been lived together at least 1 year before your arrival in Belgium

5. Additional documents, even if not featured in the list above, may be required by the
Embassy

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[Kawasaki77]

My partner successfully applied for a short term Schengen Visa earlier this year. We sent an email directly to the consulate, bypassing VFS, and were given an appointment within 2 weeks.

The interview was 45 minutes and he received an email saying he could collect his visa the following working day.

We are not married but could prove we were living together and have a joint bank account. 

If you want a copy of our checklist, feel free to send me a PM.

 

Good luck!