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Can I still stay in Belgium??

Question

Hello,

Can anyone help me with this question?I tried and asked around and never got a real answer to it...
My husband and me have been married more than 3 years in another country,he is Dutch and I am from non EU country.I have F card.We live in Belgium 2 years now.I know Dutch language and I have finished classes that I needed to stay here ( language and one more )so I have certificate. We don't want to be together anymore and we would like to divorce.So my question is can I stay in Belgium if I find a job and we divorce ?And I know that I need to be in Belgium 5 years minimum but does that mean that we have to live together in same house 5 years or I just have to be in Belgium that many years?Help

Drifter

I think you can get a visa which is given to working people. You may not stay with the same visa.

Feb 22, 2017 11:55
kasseistamper

This is something which you need to discuss with your commune.
Whatever answers you get here do not take account of your specific circumstances and, if the worst comes to the worst and you have to leave, you cannot say that you were told on this website that you could stay.

Feb 22, 2017 13:47
katie

The answer is no. Probably not. Stay married, living with your husband at least officially. Get a job. Then talk to the commune. As a non eu citizen if you do not have a job you are on very thin ice.

Feb 22, 2017 19:57
Flanders09

Agree with Kasseistamper and Katie. If you divorce him now you probably will have to leave. This does give an impression of schijnhuwelijk especially since you are trying to stay in Belgium after divorcing your husband. Not saying it is, but it can be interpreted that way. You need to talk with your commune and a lawyer who deals with these situations and get accurate information before you make any further decisions especially since you are a Non EU resident and he is Dutch and you are living in Belgium which makes the situation complicated. Asking around and coming here for information isn't advisable. No one here can tell you if you can stay or not. I say be prepared to go home especially since you are a Non EU resident and aren't working here. Again, consult a lawyer and your commune.

Feb 25, 2017 15:54
I

3 years gets you residual rights in the Eu. Google it. You re a year off.

Feb 25, 2017 20:04
Denniss

Hi,Lena!

I would advise to get in touch with Kruispunt Migratie-Integratie and get a legal consulatation, that should be easy for you since you speak Dutch. Here http://www.kruispuntmi.be/thema/de-unieburger-is-economisch-actief-in-be... you can find relevant info about your situation. It states that there are sertain exceptions and your situation might fall under them, namely " je huwelijk, je partnerschap, of je gezinscel heeft, bij de start van de gerechtelijke procedure tot ontbinding van je huwelijk of bij de beëindiging van je partnerschap of je gezinscel, ten minste drie jaar geduurd, waarvan minstens één jaar in België"
Good luck,
D

Mar 1, 2017 13:59
bansaltanya279

It states that there are sertain exceptions and your situation might fall under them, namely " je huwelijk, je partnerschap, of je gezinscel heeft, bij de start van de gerechtelijke procedure tot ontbinding van je huwelijk of bij de beëindiging van je partnerschap of je gezinscel,
http://upstrackingit.com/ups-hours/
It states that there are sertain exceptions and your situation might fall under them, namely " je huwelijk, je partnerschap, of je gezinscel heeft, bij de start van de gerechtelijke procedure tot ontbinding van je huwelijk of bij de beëindiging van je partnerschap of je gezinscel,

Jul 4, 2017 13:27