the eu and the belgium route

7/31/2019 The EU and the Belgium Route

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The EU and the Belgium Route

Reports, Statements ("Cases/Appeals") and Guidelines

On the 20th December 2008, the European Commission released a

report which has pointed out the woeful state of the processing andapplication of the Directive 2004/38 by the Member States and hasindicated that in mid-2009 there will be a handbook released for EUcitizens and for the member states. This guide has been published,so please look below in the links...

Circular Letter 23 May 2008 - Instructions given to themunicipalities of the Belgian Immigration Department for theregistration of aliens.

Directive 2004/38 - Here is the administration of justice of an EUcitizen and their partner when appealing community rights.

Brax Appeal - BP (Foreign Partner) Rights of EU citizens withoutvisas and their right to entry and living in member state.

Schengen codes - How should the Constabulary (police), whilstapprehending an alien, treat the alien at the airport?

Mettock Appeal - Cohabitation EU member state host is not

obliged/required to have community rights.

Chen Appeal - Community rights are not dependent upon age

Carpenter Appeal - Community rights under composition withoutliving and working in another EU member state.

Directive 2003/109 - Non-EU citizens with EG residency permit maymove to other host EU member states.

Directive 2003/86 - Third country nationals and reunification withtheir third country national partners.

Directive C-398/06 - Economically active, economically non-activeand livelihood assessment under review by the European Union.

Directive 2004/38 - Explanation of how EU member states executeand implant Directive 2004/38 into the National Legislation.

Legislations - The Netherlands must accept records which have

been legalised by another EU member state.



Entry visa to the Netherlands - The Netherlands must offer an entryvisa to the BP (Buitenlandse Partner - Foreign Partner).

The Netherlands must give an entry visa to a BP (foreign partner) if their EU partner is a resident in the host EU member state.

This handbook goes over the following subjects:

- How does one find a place to live in Belgium?- To follow the EU Route, is it better to buy a house, rent a house orto stay with other people in the meantime?- From EU Citizen to Community Citizen- EU citizens reporting and requesting living establishment in aBelgian Municipality- Foreign Partners reporting and requesting living establishments ina Belgian Municipality- The Belgian rules of legalisation and translation of documents- Foreign Partners travelling with the Orange or A Card (Appendix19)- Foreign Partners travelling with the Yellow or F(+) card (Appendix9)- The new Belgian ID card for foreigners- Deregistering from the Dutch Municipality

- Working- Border workers and returning one time per week to one's Belgianaddress- Foreign Partner's border worker rights in the Netherlandspermitted by Circular 5 VCB 5 4.7.2- Border workers and medical insurance- Income requirements / Standard amounts considered adequatefinancial resources- Once established: Your partner coming over (family member)- Fishing in your partner without a visa (Brax Appeal)

- The C Visa Application by your Foreign Partner- What is necessary beyond the borders?- Non-EU partners with Dutch children- Bringing a child (family member) over- Getting married in Belgium (partner registration)- Returning to the Netherlands with your Community Rights (EUReview)- Keeping your community rights or building your life up in theNetherlands?- Living abroad and requesting a Sofi/BSN (burger service nummer

/ social security) number for your partner- Exchanging your driving license



- Pinches and Pitfalls

How do you find a living space or accommodations in

Belgium?

If you want to establish yourself in Belgium for one half year (forthe EU rights) or longer (to escape the annoying rules of theNetherlands completely), some hurdles need to be jumped over.The correct order seems to be as follows:

The magic word for these two above options is: Immo(bijlën) - thismeans real estate. You will find apartments, houses and other typesof living accommodations under this term listed in newspapers.

You can also search on the Internet, for example:http://www.hebbes.bel/;http://www.immoweb.be/;http://www.livios.be/;http://www.easy.be/;http://www.kapaza.be/

Most housing and other real estate is rented through brokers,although renting via private individuals is also possible. For thelatter, it is the most convenient to visit the place in which you want

to live and look for posters and/or papers inside the windows oroutside the houses to see what is being rented out. There are alsomany brokers and private individuals looking to rent outaccommodations in regional magazines, for example:

http://www.streekkant.be/;http://www.passepartout.be/;http://www.koopjeskrant.be/

The highest legal security deposit for accommodations is two

months of rent. This amount must be deposited from a bankaccount which is in your name and can be closed by every bank inBelgium. Thusly, it is useful to save some extra money on the side.Wees has pointed out that renting accommodations per month inBelgium never occurs with a broker: the length of a lease is usuallynine years (!). In other cases, three years and sometimes one yearleases can be found. When renting from private individuals, youcould always try to agree on some other lease arrangement.

In which places can you establish yourself?

You can establish yourself basically anywhere, although the



experiences of many people is that in some municipalities inBelgium, things can be tricky. Examples include the municipalitiesof Antwerp and Mechelen. These municipalities do not get to theircontrol checks (alien police checking on the foreigner) quickly, theyhave their own rules and it can take a long time to get your EUcard.

Updated Requirements for renting living accommodations in

Belgium:

All that you need is a copy of your passport(s) and a copy of youremployment contract. Take these copies with you when you visitthe properties and give them to the real estate agent if they showyou a living accommodation and you wish to rent/buy it. If you donot have an employment contract, then you will have to prove youhave enough money in the bank or through another form of payment, such as proof of welfare.

After you have signed your lease, you must pay two months' rentas a security deposit which you must deposit into an escrowaccount. You will need to pay one months' rent and utilities inadvance. Rent in Belgium is split up into basic rent and monthyutilities. These extra monthly utility charges can be for things suchas gas, electricity, cleaning fees and other miscellaneous charges

and may vary per property. You also must pay for your own houseplate with your last name and house number on it, and this costsaround €150-200.

Additionally, please read this important article about renting laws sothat you know your rights:http://www.just.fgov.be/img_justice/publications/pdf/21.pdf

Your own house, a rented house, or staying with others for

the EU Route?

For the EU route, it is not important whether you have bought ahouse or rent a house or even a room. You can even live withrelatives or friends in the EU member state, but please note that if the house has enough bedrooms, there will be checks by themember state on the house. You can even register and live at acamp ground if they allow permanent residence there.

From EU Citizen to National Community Citizen

If you live in an EU member state, then you are a Citizen of theUnion or will become an EU Citizen or National. If you begin working



or living in a host EU Member State then you will receive the statusof National Community Citizen. If you live in a host EU MemberState and you are married, then your partner is also a NationalCommunity Citizen regardless of where they live (this equality isexcluded from the EG Treaty).

If you are a National Community Citizen, then you may make use of the EU laws which were formed by the EU and which are valid in allMember States. EU laws can be used over national laws when it isadvantageous. If you are married and a National CommunityCitizen, then in most cases the EU laws are more advantageous toyour situation (foreign partner) than the national laws in the case of bringing your partner to the EU. In other words, EU law overridescommunity law in the case of the EU/Belgium Route, and these lawsare more favourable toward family law than most specific countrylaws are, such as in the Netherlands.

EU Citizens to Report to and Request Registration in a

Belgian Municipality

In Chapter 2 of the KB, you will find the regulations which apply toCitizens of the Union and their family members.

Stays Shorter Than Three Months:

If you have found a room or a house in which to live, then go withinten days to the aliens police (often this is a department within thecity hall or district/municipality office in bigger cities) and signyourself in, get registered on the waiting list. You do not need anydocuments to prove yourself except for your passport or youridentity card. These may even be expired forms of identity.

Please note that you should receive evidence that you haveregistered at the municipality/aliens police in the form of an A4

paper named "Bijlage 3ter". No aliens police will come to monitoryour living situation.

Stays Longer Than Three Months:

If you have found a room or house in which to live, then go withinten days do the aliens police (often this is a department within thecity hall or district/municipality office in bigger cities) and signyourself in, get registered on the waiting list. You don´t needanything more than:

(1) A passport or identity card for consideration which is allowed tobe expired. Make up an application/request to take up residence,



and if you are unable to produce all of the necessary documents atonce, then you must allow the aliens police to make checks on youto make sure you are actually living where you are registered, andif this comes out in a positive light then Annex 19 is issued. Youhave a total of three months after your request until you settle inBelgium to produce the necessary documents.(2) You should be able to show through pay slips, a bankstatement, welfare benefits, student money or another form of income that you have enough resources to support yourself.According to the Royal Decree on 14 May 2009, you may notdemand a contract if you have work/a job, but you can see if youearn enough monthly income by looking at the resources near thetop of this post. How and where you work (for example, through a job agency) and where this income comes from is irrelevant.(3) Prove that you have health insurance.

Before you first register, go and if you can produce all of thenecessary documents which are demanded at your first meeting,then you do not have to have the aliens police check on you at yourhome, and if so then you can disregard Annexes 19 and 8. For thenext target group, the municipality can decide for themselveswhether or not to disregard the aforementioned Annexes.

1. Employee

2. Independent(Where is 3?) 4. EU citizen with sufficient resources and health insurance.5. Student with sufficient resources.6. Family member, spouse, line up and down(Is this a saying? What

does this last sentence mean?).

If you are looking for work, the Belgian policies and rules say thatthe municipality should transfer your application to the DVZ(immigration department). It is a little bit strange of a situation if

someone is going through the Belgium route and is seeking workthere, because one needs sufficient resources in order to stay.Otherwise, you cannot pay your rent and care for yourself, so if youare seeking work and you have sufficient resources, sign into themuncipality as economically inactive and the municipality can makea decision.

BP (Foreign Partner) Reporting to and Requesting Living

Establishments at a Belgian Municipality

The foreign partner must report within 10 days after arriving inBelgium, and can directly apply for a "Residence Card of a Relative



of a Citizen of the European Union", and having a C or D visa inyour passport is not required. Your foreign partner should then beable to prove the family or partnership bond through a marriagecertificate or other official document. (Please note that Dutch (NL)partner official documents will not be recognised in Belgium (BE).)The arrival of marriage documents from the country of your foreignpartner must comply with the rules of legalisation and translation,as well as being required to have a passport or ID card and healthinsurance. Following this registration at the municipality, there willbe housing controls done by the aliens police and involved partybecomes written into the register of aliens/foreigners, and he or sheshall receive a Certificate of Registration, Model A, with a durationof five months, valid from the date of the application.

The Belgian Rules of Legalisation and Translation

If you are using the Belgium Route then you must present yourmarriage certificate and eventually, your birth certificate to theBelgian municipality (birth certificates are not required underDirective 2004/38). Your records may be presented in fourlanguages - Dutch, French, German and English (new), and theymust be legalised by a Belgian Consulate.

If the relevant country is a qualified party applicable under the

apostille Treaty (Hague Convention), and the document has beennotarised (has an apostille affixed to it) by the home country of theforeign partner, then legalisation of the document will not berequired. Dutch marriage and birth certificates do not need to belegalised because of a bilateral treaty between Belgium and theNetherlands. In addition, Turkey also has such a bilateral treatywith Belgium, so these documents will not need to be legalised if the foreign partner is a Turkish national.

Travelling with an Orange or A Card (Appendix 19b)

Oftentimes, Belgian municipalities say that your non-EU partnermay not travel outside of the country (to another EU member state)if they are in the possession of an Orange or A Card. This onlyapplies to a foreign partner of a Belgian citizen if they do not haveany community rights. If the EU partner is a community citizen andif the third-country partner wants to travel to a Member State, thenaccording to the Brax appeal, the Netherlands may not refuse thementry if they show their passport and their marriage certificate. Thismeans that you may travel into the Netherlands. When your non-EU

partner has an Orange or A Card (five months´ period) and musttravel outside the EU to their home country for reasons of sickness



or bereavement, you must then ask the municipality for a returnvisa. You can then, without problems in the country of origin, boardthe airplane when you travel back to Belgium.

So, the third-country partner has to have a copy of their *marriagecertificate, a printout of the Brax appeal, and of course, theirpassport.

* Cohabitation contract or partner contract, etc.

Travelling with a Yellow (+) or Five Year Card (Annex 9)?

If you have the Yellow or F (+) five year card then you can travel toother EU member states except for the UK and Ireland. For thesetwo countries, you must have had a separate visa issued to youfrom their embassy. Travelling with the Yellow or F (+) card canalso give you the ability to travel from a third non-member countryinto the EU. You can travel as normal and a separate visa is notrequired. For some countries outside the EU, you will sometimesneed a special or separate visa and you will not be able to use yourYellow or F (+) card.

The New Belgian ID Card for Foreigners

The White, Yellow, Orange, Blue and Purple cards will soon be athing of the past. Belgian national law will be requiring allmunicipalities to swap in their old card systems for the new IDwhich will be the size of a credit or debit card.

Some pilot municipalities have been using this new system sincemid-2007. The status of all aliens will now be identified in one letter(A, B, C, D, E, F or F +). You will be automatically notified by meansof a letter from your municipality to inform you when and whereyou can exchange your current Belgian Foreign ID.

By entering yourself into the foreign register, the letter A/B and/orE/F will be on your card.Upon enrollment in the population register by EU nationals, theletter E+ will be issued onto the ID card.Upon enrollment in the population register by third-country partnersof EU nationals, the letter F + will be issued onto the ID card.

Deregistering Oneself from the Netherlands

This is a frequently asked question and the answer is you must"indirectly" deregister yourself from the IND (Immigration en



naturalisatie Dienst). The Belgium Route is based on CommunityRights and you can put these Community Rights into practicewhether you are or are not deregistered from your municipality.

Registering and deregistering in foreigners´ and populationregisters is necessary in order to determine one´s main place of residence, which is connected with issuing and payment of taxes.The tax treaties between EU member states are nailed shut whensomeone is registered in two different member states.

The "indirect" portion of the first sentence applies also to the Dutchlaw. This says that if you have been out of the Netherlands for amaximum of eight months then you do not need to deregisteryourself from the population and/or foreign register. Some Belgianmunicipalities askk for proof of deregistration in order to reportand/or request establishment in Belgium. This is actually not legalto ask from for immigrants emigrating from outside of Belgium, butrather only for people already residing within Belgium. In manycountries in the world, you do not receive any proof of deregisteringif you emigrate, so rest assured that the Belgian official will not bealarmed by this lack of deregistration proof.

Working

The right of an EU Citizen is that they may work directly in allMember States. If you are going to work in Belgium then you haveno administrative tax requirements, so you can work directlywithout a government registration number. There are employerswho will ask for a government registration number. For EU Citizenswith no Dutch nationality, contact the Tax Administration in Heerlenfor a Social Security number if you would like to work in theNetherlands.

Nationals of the new Member States such as Romania and Bulgaria

cannot yet be employed in the previously existing Schengencountries. They can only work as a freelancer/entrepreneur withouta work permit.

Officially, within three months of arriving and registering inBelgium, you must find work in order to prove that you have anincome. Be aware, the income or savings of your partner may betaken into consideration as proof of resources. The Belgians also arenot pleased if you use their Social Services (OCMW in Belgium,Sociale Dienst / uitkering in the Netherlands), and to use your EU

Community Rights in this way (and continuing to do so) is not wisenor recommended. To find work, you can contact the Employment



Office (VDAB) and you can also contact employment agencies. Lookfor example on the site of the Belgian 'CWI': http://www.vdab.be,or on http://www.easy.be.

With Annex 19b, the foreign partners (BPs) of persons with a fivemonth card or a five year card may work in Belgium, but also inother Member States. See Directive 2004/38 in the link above in theEU Handbook. This is due to secondary legislation of the CommunityRights of an EU Member´s partner. An NL (Dutch) sticker can bepicked up from some IND offices. City officials are not always awareof Community Rights laws when derived from an EU Memberpartner, so if they start to question your legality to work and ask foryour "werk toegestaan" and "tewerkstelling vergunning niet vereist"(authorised to work and employment permit is not required). You

can see the piece of text "Your Foreign Partner as a Border

Worker in the Netherlands, Right to 'Allowed to Work'

Sticker" in and according to Circular VCB 4.7.2.

Border Workers and Returning Once Per Week to Your

Belgian Address

If you already have work in the Netherlands and it´s no problem foryou to travel back and forth to your Belgian address at least onceper week, you can just work as a border worker. This is especially

recommended if you already have an employment / work contract.See the website of the European Commission for more information.

Attention! At such a residence, a police officer will be asked tocheck on you frequently. If they happen t come upon the knowledgethat you come back only once per week, then this can have anegative impact on your "woonst controle" - where they check tosee if you are really validly living at that address. This is aninterference by the police officer´s own opinion and this is not legalby means of an EU legislation. This EU legislation is often not known

by police officers. The Directive 2004/38 even says that by anabsence of three months, the residence permit will not becompromised, and even by an absence of 12 months if there is apregnancy or military service involved. If the Belgian officials do notfollow the European Commission´s directives by the book, then youcan make a complaint at the Board of Immigration Appeals.

The address control is merely a checking up on whether or not youactually live at the residence. Do not respond to questions from thepolice officers which are irrelevant to his or her duties. Tell the

police officer that it is your right to remain silent. If you answer anyquestions that the police officers ask you, they can be used against



you.

Border Workers and Health Insurance

If you live as a Dutch national in Belgium and you work in theNetherlands then you are a border worker, and in the Netherlandsyou are required to be insured with a basic health insurance. Youmust then register with a health insurer in Belgium. For example,CM is a company which can be found in almost every place. Thenthe Dutch basic health insurance has to be coupled with the Belgianhealth insurance. This can be don through three E106 forms whichwill be given to you by the Belgian health insurer. These E 106forms must be provided to your Dutch health insurer by you.

Income Requirements / Resources There will be a living wage set by the DVZ which you must be ableto satisfy.

The living wages have been increased as of 1 June, 2009.

The basic living wage amounts were increased on 1 June, 2009.This is also relevant for several different things relating toforeigners / aliens and to prove that you have the minimum amountof living wages in order to live off of.

On a monthly basis, the living wage is as follows:

- € 483,86 for a cohabiting couple- € 725,79 for a single (person living by themselves)- € 967,72 for a person who lives together with their family

Source: Belgian Official Gazette 10/6/2009

Some municipalities ask for an employment contract, but the

Circular has been adjusted since it has been brought into existenceby the Administration of Justice. See also case C-398/06 above withthe other links.

As was mentioned, this is only an indication and is not actual proof (which may, following the European laws by which you make use of to live in Belgium, are also not liable). Furthermore, it is true that if your non-EU partner also works, that income must also counttowards your proof as means of support.

Economic inactive peoples could prove their basic living wages orproof of sustainability by means of their disability, pension, or



capital in the form of money, property or study funds, etc.

Even if you are a student you can settle in Belgium, so long as youcan declare in writing and prove that you have sufficient income.You must also be enrolled in a Belgian accredited educationalinstitution and you must have a form of health insurance. All of thisis laid out in EU Directive 2004/38 /EG under the case of the right of residence for students. If you settle as a student in Belgium, youreceive an E card with a duration period of one year (that is, theduration of one study year), and this type of permit may berenewed with each subsequent year of study (each renewal willresult in one more study year being added to the residence permit).

Establishment in Belgium is also possible if you study in theNetherlands. In this case, you do not call upon the study directive,such as stated above, but upon the General Residence Directive,which is also valid for employed and unemployed (looking for work)peoples. You can then keep your Dutch study grant. This isgenerally not enough to demonstrate to Belgium that you havesufficient resources to support yourself; in that case sponsoringthrough a third party is also possible, for example, a parent orparents. To demonstrate this, you would need a letter from yourparent(s) (where they are living) that they will provide to you acertain amount of money each month, or will transfer it to your

bank account, as well as providing monthly bank statements asproof. With this, student grant income should be sufficient. In total(student grant + sponsoring) you should have a monthly amount of € 700,00 to 800,00 in order to have enough income to sustainyourself and your partner (see above under "incomerequirements").

As previously described for working and unemployed (but searchingfor work) peoples, if you establish yourself in Belgium as a studentwho is studying in the Netherlands, and as first presented in Annex

19 that you can prove you have the necessary incomerequirements, then you have the right to a one-year E Card.

Once Established: Your Partner Coming Over (Family

Member) There are rules about letting your non-EU partner come over to theNetherlands when they are not yet in the EU. The partner who is acitizen of the European Union must have community rights, andthere is for example an annex, annex 19 or 8, given by Belgium oranother according residence permit from another EU Member State.

Your non-EU partner can then ask for a C Visum from an Embassyof a Schengen EU Member State in the country where they live and



and where they do conform to the directive 2004/38 /EG. In Article5, Paragraph 2 states:

Quote: Family members who do not possess the nationality of anEU Member State may only be entitled to have an entry visa inaccordance with Regulation (EG) No. 539/2001 (C Visum) or, inappropriate circumstances, with the national legislation. Under thepurposes of this Directive, the possession of a valid residence cardas referred to in Article 10 makes these family members under the"Family Visa Waiver". The EU Member States shall grant thesepeople all of their facilities which are necessary to obtain their visa.This visa will be issued as soon as possible through a fasterprocedure and are issued free of charge.

The D-visa (MVV) is a visum that Belgium would like to give toforeign partners of a partner who does not conform to theCommunity Member Directive 2004/38 /EC. A non-EU partner of aCommunity Member already has the right to stay and themandation of a temporary residence permit MVV (D Visa) iscompletely unnecessary. The right to residence of the non-EUpartner is drawn directly from the EU partner. The D visum also hasan undesirable effect on the freedom of movement and residencythat the foreign partner (BP) and EU nationals enjoy. BecauseEmbassies do not distribute free and speedy C visas to the foreign

partner, that means that there is no permission of free movementand residence.

Let your non-EU partner directly protest if it becomes clear in thesituation that the Embassy wants to force a D Visa application inplace from a C Visa. If a C Visa application is refused to the foreignpartner, then ask in writing if it is possible via a lawyer to appealand protest if necessary in Belgium and with the EuropeanCommission.

Fishing Your Partner In Without a Visum (Brax Appeal

Route) The following instructions would be completely unnecessary if Embassies and Consulates would make Directive 2004/38 work.Unfortunately the EU Member States which are inside the EU do notalways follow the instructions given by means of a Directive byForeign Affairs and their representations are not always executed. If your partner asks for a C visum, it can take extremely long toreceive a decision and it can still be decided upon negatively.

Contrarily, as Article 5, Paragraph 2 states in the Directive, thisprocess should be quick and free of cost.



How different would it be if your partner came to Schiphol without aC Visa? Would they be able to come inside the Netherlands? Yes,with 100% certainty, definitely. How? What documents arerequired? "Fishing" your partner in is subject to certain terms andconditions. You must be married to one another, and as a DutchNational, you must be living in another EU Member State and havea Residence Permit there. The 5-Month (Annex 19) and 5-Year(Annex 8) Residence Permits from Belgium are such documents thatyou can legally use to stay in another EU Member State.

Your foreign partner cannot fly to a Schengen Member State as afinal destination without a visa, but they can fly via a SchengenMember State to a visa-free country. You can look this up on thefollowing website: http://www.projectvisa.com in order to find outwhich countries your partner can fly to with no visa needed. Onetransit maximal may occur in the Schengen Area (IATA SchengenAgreements) and that should become Amsterdam Schiphol Airport.Imagine that your foreign partner is a Phillippine National. For her,the countries of Morrocco and Brazil are visa-free, so you wouldbook a ticket to Casablanca or Sao Paolo via Amsterdam.

At customs, they will check to see if any visas are needed and thecustoms person should know that rather quickly. The boarding card

will be given and the foreign partner will be on their way toAmsterdam. It would be best if you are travelling together and bothhave separate tickets and go through customs separately, becausegoing through customs together makes you as a Dutch Nationallook like a suspect in the situation. It is a possibility and you andyour partner may be denied boarding the aircraft. This isparticularly the case in Bangkok International Airport where aperson who is employed by the Austrian Embassy works there anddoes controls for Airlines. And the Airlines give advice. You havebeen warned, and the Austrian Embassy knows absolutely nothing

about EU laws.

Arriving at Schiphol Airport moves you along together to theConstabulary Office on the right side for Passport control. There youshould ask for an entry C-Visa for 15 days which is allowedaccording to the Brax Appeal. You must submit: both Passports, theResidence Permit of the citizen of the Union and the marriagecertificate in Dutch/English. It is also possible that a boarding cardwill be requested. It is a possibility that the on-duty officer won'tknow anything about this, or very little, so if s/he does not, ask

him/her to contact their head officer upstairs in their office who ispresent 24 hours per day. If you don't let them deter you, then in



less than an hour your foreign partner should have an entry visa intheir Passport (depending on how busy it is).

If you check in in Manila, your luggage will be tagged to your finaldestination. Don't say anything, because after all, you will be goingthere. Once in Amsterdam, you can go through the Passportcontrol. You should ask for your luggage to be retrieved from KLMhandling, and in most cases, your luggage will arrive on Belt 15.The Brax Route is now complete and you can now travel to family inthe Netherlands and to the Member State where your Dutch partnerlives. Once you arrive there, follow the Handbook chapter above,"Foreign Partner Reporting and Requesting Establishment by theBelgian Municipality" and your foreign partner, directed by Appendix19, will have received lawful residence.

By use of the Brax Route, don't let your foreign partner travel in theweekend, but rather during the week. Then if any problems arise atAmsterdam Schiphol Airport, you can quickly get a lawyer. Havetelephone numbers on hand of good EU Immigrations Lawyers tohelp your partner and assist the Constabulary if he/she doesn'tfollow/cannot follow the Appeals/Rulings. It is probably a good ideato call an Immigration Lawyer beforehand and let them know whatyou plan to do and that you may need their help.

This route is very legal and your partner withdraws all the rights of the guidelines.

No Travel Document (Reistitel) Available?

It is always a possiblility that your partner has no Passport or IDCard to prove their identity. For instance, it may be stuck in anothercountry if they are a refugee, or they may be stateless. There isthen a possibility to obtain a travel document and it is called LaissezPasser. In the whole of Europe, the Laissez Passer travel document

is recognised and you can ask at every Embassy in the countrywhere your partner is staying. If you live, for instance, in Belgiumand your partner comes from Tibet and has fled to India, then yourpartner can ask for a Laissez Passer travel document at the BelgianEmbassy in India.

Application for Entry Visa (C) for Foreign Partner

If you live or you are on vacation as an EU Citizen in a host MemberState then you can stay there legally under Directive 2004/38, and

then your foreign partner can apply for an Entry Visa (C Visa) at anEmbassy of the host Member State under Directive 2004/38.



When applying for the Entry Visa at the Embassy, the non-EUpartner must fill in the application form, and they are required toshow their Passport and Marriage Certificate. Please be aware thatby applying, the main destination - the host Member State, is whereyou live or where you want to go on vacation. Your foreign partnerhas the Freedom of Movement and Residence within the EuropeanUnion. If an Embassy refuses to issue an Entry Visa then they areblockading the Right of Freedom of Movement and Residence, andyou should call the Foreign Affairs Office, department of Immigration, and lodge a complaint about that specific Embassy.You should also approach a lawyer to lodge an appeal in writingagainst this decision.

With this link you can download an attachment which, with yourpartner, you can fill in an Entry Visa application. The EU partnerwho requires a Residence Permit from a host Member State canmake a copy of this form and give it to their partner who can then join in the application.

Please note that by applying for an Entry Visa, an invitation letter,sponsorship, income requirements, return airplane tickets andhealth insurance do not apply to your partner because they, underthis manner of entry, would be under Community Rights. Letting

your partner come to the Netherlands with a normal Tourist Visarequires compliance with the letter of invitation, sponsorship,income requirements, return airplane tickets and health insurance.

You can read more about this under the title "Foreign PartnerReporting and Requesting Settlement with a Belgian Municipality".

This is Necessary for Travelling into External Borders:

We will start with the lawful ruling of the Brax Appeal, but why?

Your non-EU partner already has the right to residence and the CVisa is only for entry at external borders and for boarding anairplane.

1* Passport or another travel document2* Marriage Certificate

Non-EU Partners with Dutch Child(ren)

A non-EU subject who is unmarried and has a child with a Dutch

Passport also has residence rights under the EU law. These rightsare withdrawn from the child to the parent. A lawful explanation can



be found in the Chen Appeal.

Father and Mother Chen, both of Chinese nationality, were inEngland and just before the birth of their child they went to Ireland.Catharina was born there and following the Irish law, the childreceived the Irish nationality. Once back in England, the father andmother of Catharina appealed on the EU laws that they had theright to stay in England. The case came before the European Courtand the case was settled in favor of the parents because Catharinawas a baby, and even though she could not stand up for her rights,as a lawful EU citizen, she could still use her EU rights.

Bringing Over a Family Member (Child)

Family members also have the right to residence in Belgium whenone of the family members is an EU Community Member.

- For the C Visa the family member is required to produce: aPassport and a legalised, translated certified copy of their birthcertificate.

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If you are not married then you fall under the national law and the

following are necessary for an application:

- A copy of the ID card or Residence Permit of the partner living inBelgium- Documents which demonstrate that both partners are unmarried- The birth certificate of the partner applying for the Visa- Proof of the lasting nature of the relationship- Proof of sufficient fiscal resources of the partner who is staying inBelgium- A pledge of financial support signed by the partner who is staying

in Belgium (at the local authorities)- Proof of good and ethical behaviour- A medical certificate.

Obviously, the documents you need to submit need to be translatedif they are not written in Dutch, French, English or German andforeign documents must be legalised, both by the local authoritiesand the Embassy.

For questions about the progress of the Visa application, there is a

help desk set up.



A telephone line has been set up to answer all questions andprovide information regarding Visa applications and MVV.

Telephone number: 03/306.15.99

It is also possible to request information:- By e-mail: [email protected] - By fax: 02/274.66.91

For the ease of the municipal employee looking for the informationyou need, and to save time, the following information should bereadily available to you at the time of calling:

- The purpose of the Visa application- The place where the Visa was applied for- The full personal details of the applicant (first name, last name,birth date, etc.)+ For family reunification, the full personal detains of the personwho will be reunified, and if possible, their OV-number.- The date that the application was sent by the Embassy orConsulate.

The person who is requesting information must give their ownpersonal details (and telephone number, e-mail address or fax

number) so that contact may be established with them at a laterdate. The form attached here may be completed for all applicationsand sent by fax or by e-mail.

You can find this form at:http://www.dofi.fgov.be/nl/1024/frame.htm ; click on the link "VisaHelpdesk" in the left column. On this page, the same informationcited above will be available there.

Once the partner has arrived, they must register at the local

municipality.

Getting Married in Belgium (With or Without Visa/Residence

Permit) (Partner Registration)

A Dutch partner registration will not be recognised in Belgium.Advice is the Lawful Cohabitation in Belgium to do by a Notary. Bymunicipalities it can also take longer or municipalities won't want tocooperate. If this contract is signed then you can register togetherat the municipality.

Documents Required for Marriage for the Bride and Groom:



- Birth Certificate with a stamp (to obtain the municipal recognitionof the place of birth, the document must be legalised and affixedwith an apostille!)- Proof of residence which indicates the nationality (issued by thepublic offices at the place of birth)- Proof of identity (ID card, national Passport, etc.)

Possibly:

- Divorce Certificate (issued by municipal offices at the place of theprevious marriage)- Death Certificate (issued by the municipal offices of the place of death or from the last place lived in)

For foreigners:

- Proof of common law, to be picked up at the Embassy orConsulate of the affiliated country in Belgium.

It seems that there are Embassies which do not give thesedocuments out and these must be procured in the land of origin.They must also be legalised in the country of origin.

- Proof of Single Status (this can be asked for in the land of origin -must be legalised!)- Proof of Nationality (this can be asked for at the Embassy orConsulate of the affiliated country)- Legalise all of these documents (Municipal Offices)- Translate all documents into Dutch (if not already in English,Dutch, German or French) with a sworn translator.

The two most important documents are the Birth Certificate and theProof of Single Status. These have to be legalised in the home

country and also through the Belgian Embassy. The rest can beobtained in Belgium. Everything must also be translated into anational language (i.e., Dutch, French or German. English is oftennot accepted!), and the translation must be legalised (this isnormally automatic when using a sworn translator). And then youstill have (at least) fourteen days to wait between the marriageapplication and the marriage itself. So try to get all this paperworkdone as quickly as possible.(Thanks to Francis!)

Returning to the Netherlands with Community Rights (EUReview)



We are going to assume from now on that you live in Belgium (withyour partner) and (both of) you have a Residence Permit. ResidencePermits are, following Annex 19, are five month and five year cards.If you wnat to go back to the Netherlands then you can already doyour EU Review with an Appendix 19 / 5 month or five year card,because according to the letter of the law, you have built up yourCommunity Rights. Therefore you are advised in any case to stay atleast six months in Belgium to build up your Community Rights. Youalready build, as a Dutch EU Citizen, Community Rights immediatelywith "3ter and Annex 19" and this requires a tiem of six months if you follow the Annexes fully. A Residence Permit will be explainedat the IND during your EU Review. The Annex 19 is a document of legal residence, and thusly is enough, so the EU Citizen doesn'tneed to get another 5 month card.

You will have fulfilled the requirements of the Directive by havinglived in another EU Member State. Any Residence Card and/orAnnex 8 will support your residence.

Living together with your foreign partner in Belgium is not requiredfor you to build up your Community Rights, but it is naturally nicerfor the both of you if you spend this time in Belgium living together.

Registering at the municipality can be done alone or together withyour partner at the Dutch municipality of your choice. Uponderegistration, you may be asked for a form of identification or aBirth Certificate for the municipality's administration, but it is not arequirement. The identification card will be given out.

Next, the EU Review form can be downloaded from the IND'swebsite, filled in and submitted to an IND office when you go to pickup your six-month sticker with your partner. Ask if they can alsostick a C Visum in the Passport, so then you can also go outside the

EU on vacation. All of this should be provided free of cost underDirective 2004/38.

What do you have to hand over to the IND according to the

Directive 2004/38/EG?

* Copies of both Passports* Copies of the Residence Permits from Belgium. Always make surethat you have copied these Residence Cards several times for laterusage.

* EU Review from for the third-country partner. You can downloadthis on the website of the IND.



* Marriage Certificate* Be able to show your means of sustenance. If you work thenassistance level is enough. If you do not work then several monthsof saved money should be sufficient. This can be up to three timesthe assistance level.

Within two weeks, the municipality will already have a SOFI numberin their system for your partner, which your partner doesn't haveyet. A printout of your partner's personal information will beprovided by the municipality upon registration. With your six-monthsticker, you can work. This is on the basis of freedom andmovement within the EU. Please make sure that the employee atthe IND gives you the right sticker! It should be marked "TWA nietvereist".

The requirements to be allowed to stay/establish oneself in theNetherlands can be found back in Directive 2004/38 /EG. These arethe same requirements as for Belgium (see above). A one-yearcontract cannot be a requirement, nor can it be a requirement thatyou may not work. Your means of sustenance and health insurance,however, are requirements. Your partner is, in any case, exemptfrom integration classes. Note: if you fall back on assistance, youcan lose your Community Rights and it can put the right of residence of your non-EU partner into jeopardy.

Having or Earning Community Rights in the Netherlands?

Even if you live in the Netherlands, it is possible for some people tobuild up Community Rights, or maybe you already have EUCommunity Rights without knowing. Your partner can receive themvia the EU ruling to the Netherlands; the requirements then are lessdifficult and are the same as if you had lived in another MemberState. Who has these Community Rights? Those who work as paid

employees in other Member States, but who live in the Netherlands:the so-called Frontier or Border Workers. If you are an entrepreneurin the Netherlands and you do business with another companywhich is located in another Member State, you also have theseCommunity Rights.

Through the system of justice we can see in the Carpenter Rulingthat a Member State is required to give a residence permit to aforeign partner if they have community rights, regardless of if theirEU partner lives or works abroad.

Take your partner to the Netherlands with a C Visa and then go



together to an IND office and ask for a six-month sticker on thegrounds of your community rights and deliver your completed EUReview form. Within six months you should be provided a five-yearresidence sticker from the IND.

Living Abroad and Applying for a SOFI/BSN Number for your

Partner

The ownership of a SOFI/BSN number is useful if you, for instance,wish to open a bank account in the Netherlands. If you partner livesoutside of the Netherlands then you can still ask for a SOFI/BSNnumber at the Tax Administration in Heerlen. Just send a letter withthe neccessary accompanying documents.

* A copy of both Passports* Marriage Certificate (translated and legalised)* A statement declaring where you live (excluding civil status). Thisneeds to be legalised through the Foreign Affairs Department andthe Dutch Embassy.

Include a Dutch correspondence address and your foreign addressas well. In approximately four weeks, you will receive yourSOFI/BSN number.

Exchanging Your Driving License - Update 11/06/08

Whomever does the Belgium/EU Route must understand that if yourpartner has gotten a driving license in his or her land of birth mayexchange this license in Belgium for a Belgian driving license.Belgium recognises many driving licenses and the Netherlands few,so the Belgium Route gives you an advantage in this case as well.The Belgian driving license is valid for your entire life and you arenot required to exchange it in the Netherlands if you relocate to theNetherlands (EU Directive) as Belgian driving licenses are

recognised in the Netherlands.

The driving license can be exchanged at the Belgian Municipality.You must hand over two passport photographs and pay 16 Euro.After approximately one week you can pick up your new drivinglicense.

The legislation in Belgium says that you have to live for at least 185days in a third country in order to qualify to exchange your drivinglicense. Please note that these 185 days do not need to be

consecutive, so if you go on holiday to another country then your185 day period will not be affected. Registering in that country is



your proof that you have stayed there or otherwise you can use thecustoms stamps in your Passport.

Terminals and Pitfalls

Naturally, when living in Belgium you will realise it is not allrainbows and kittens. Officials are not always well up-to-date on theEU regulations and also their own national rules. Since 01-06-08there have already been a number of mistakes made. In particular,there is an example of a lawyer who was warned about controls onfalse marriages under pretext. You can run across many problemswith this kind of situation. These controls are a task of themunicipality and it seems that in the bigger cities, these controlsare stricter and more intensive than in some other areas. In thesmaller municipalities, the officials often have no time or will tocomplete these sort of control checks.

In the meantime, the Belgium Route attracts the attention of theDutch press now and again, from (ex-) Minister Rita Verdonk andfrom the party leaders. Drifting out from these tales is that theEU/Belgium Route is illegal and that there will be actions takenagainst the Belgium Route in order to close it down. It seems thatthere is no reason to be worried. According to several experts, theDutch and Belgian governments have no legal standing behind their

commentary on the Belgium Route. According to the FreeMovement of EU-Persons and their Partners, both countries mustabide. Above all, the European laws are, of course, not at all illegal.

Sometimes a lawyer is necessary to demonstrate your own rights if not everything works out according to the rules. Be careful that youonly have 30 days to appeal your decision by writing.

For legal questions you can contacthttp://www.vreemdelingenrecht.be/

You can also call the DVZ (Dienst Vreemdelingenzaken, ImmigrationDepartment Service, like the Belgian IND) directly in Brussels.- Help desk: (0032) 2 2061 599- Office for the Studies of Law Cases (for legal information): (0032)2 2061 925

If you are really in a pickle, then you can turn to a BelgianImmigration lawyer. Addresses can be found on the forum: BelgianLawyers for Immigration Law

You can also explain your problem(s) to Solvit. Solvit is an instance



of the EU which helps get bureaucratic barriers out of the way whenEU laws are not (well) carried out or implemented by the localauthorities. Until now we have had relatively good experiences withSolvit in Belgium.

Solvit e-mail: [email protected] Solvit telephone number: (0032) 2 5018 442 (Hélène Nysen)

Furthermore, at the DVZ there is also a "Service Check of Municipalities" where you can go to complain about theimplementation/application of federlan laws and regulations aspracticed by municipalities.

With this service you can make contact through e-mail([email protected]) and by telephone (0032) 2 2061621/20/77.

We try to keep the information in this handbook as accurate aspossible and maintain its accuracy, so from time to time things willbe changed. If there is additional information to any of theprocedures above, please let Mork know (updated by Mork on06/29/2010).