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Belgium longer term residency for EU nation

Question

Hi everybody!

I'm married for 10 years with a Belgian and we have a son and own our house in BE. I am British.

However for the past 12 years we've lived outside of Belgium, and for the last year I've had to live in the Netherlands with them in Belgium.

Thankfully I will start a new job in Belgium in November 2014, but am concerned that I have no residency rights there, and was wondering if anybody knew of processes that would allow me more than an initial 3 month permit? I think the 3 month will automatically turn into a yearly permit, but this does not fill me with any form of rights or permanence.

Any ideas, because all documentation I've found refers to non-EU long term residency and visas. I feel like I stand in a gray no-mans land.

Really hoping for some help.

Kind regards, Si

soph12

> "... that I have no residency rights there,"
Sorry I meant to write "I have no _long_term_ residency rights there,"

Sep 22, 2014 16:17
anon

You're British and you are married to a Belgian. I can't see what the problem is. When you arrive in November, just go along to the commune and ask for an ID card.

Sep 22, 2014 16:40
kasseistamper

Like Anon, I cannot understand what the problem is. Nor can I understand what you mean by 'I've HAD to live in the Netherlands'.
You are an EU citizen so you have the right to live anywhere in the EU unless there is some specific reason for the authorities to exclude you. You have been married for many years and have a child and a home in Belgium so your marriage was not a fraudulent trick to give you access to the EU.
In your situation I would go to the commune where your house is and register as a resident and see what the attitude of the staff there is.
I'm sure you are worrying unnecessarily.

Sep 22, 2014 16:55
J

> You are an EU citizen so you have the right to live anywhere in the EU

That is not strictly speaking true. However if you can show you have a job and you are an EU citizen (which is the case), then you will get a 5-year residency card, and you will get permanent residency rights after the 5-years are up.

Sep 22, 2014 17:52
Mikek1300gt

You don't need to show you have a job, either.

Sep 22, 2014 18:25
kasseistamper

Sorry to argue with you J but you do not HAVE to have a job.
When I first moved here it was to join my, then, girl-friend. She had to take responsibility for me but I did not have a job and have never since been required to show that I have one - though we did once have an 'exchange of views' at the commune until they accepted that a housekeeper didn't have to be female.
In the case of the OP, she starts a job here in a couple of months anyway.

Sep 22, 2014 18:55
RPPKN

Indeed you do not necessarily have to have a job but you do need to prove that you can support yourself.

If not, they can indeed ask you leave if you don't have a job or even if you do have a job but are not earning enough and it can be considered that you are a "burden to the state". This happened to over 2000 EU citizens in Belgium last year.

http://www.youtube.com/watch?v=o8wgzc9L8tA

But Soph has nothing to worry about because not only does she have a job, she also part-owns property in Belgium AND her husband is Belgian. The Belgian state may be tough but they are not unreasonable!

Sep 22, 2014 19:08
J

> you do not HAVE to have a job

Indeed, but you do have to not be dependant on state benefits, so you do have to be either working or have enough income or capital to live on. Or be the dependant of someone who has.

Sep 23, 2014 01:29
Sarah Crew

Have you ever considered applying for Belgian nationality? You do not have to be resident to do this.

Sep 23, 2014 16:26
MissIntegrate

What do you want help with? What do "residency rights" mean to you? You are British - hardly grey/no man's land... Maybe you are planning a divorce and want to know your rights? In which case you need to be more specific, otherwise "Keep calm and stay European"...

Sep 25, 2014 13:04

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