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Permanent residence of a partner

Question

Dear All,

I really need an advice since in BXL Communes they always tell me different thing. I have just became permanent resident with type D card! After 6 years it was about time. All this time I am here with my partner in legal cohabitation ( we are not EU citizens), although his residence is connected to his studies ( he did BA and MBA for these years), as he needed it in order to be able to work at least part time as a student with C work permit. Nevertheless, we are in cohabitation and we have certificate for it, living here continuously for over 6 years.
I need an advice: now when I have permanent residence can he benefit of it and have the same like me? Our goal is that he doesn't need a work permit any more, as employers are reluctant to give it, so he can have a proper job. I understand now that he has to change his status form student to my cohabitant and get a residence over me. But what will he get?
In commune they told me he has no rights and for him nothing changes. I find it hard to believe that a partner of permanent resident has no rights except just residing here.
Has anyone had any similar experience?
I would like to consult a good lawyer but all my previous experiences here with lawyers are really bad, as they also have no clue...
Help!
Thank alot!
Ksenija

Answer
CC_R Apr 4, 2017 12:00

Why would you expect your partner has any right? If they were here as a student then they weren't classed as being here as a resident so the it would surely be as if they just came. If you have permanent status now and your commune told you something then why don't you believe them? I think also unless people were in your exact situation they may give you incorrect information. Better to ask who is a good immigration lawyer maybe.

Answer
jalaaza Apr 25, 2017 09:38

Hi Ksenija,
Did you manage to find a solution? I am in (more or less) similar situation and apparently city hall does not know what to do! They are supposed to ask Brussels for the instruction, but after two weeks no news yet. Maybe we can share our experience on this :-)

Answer
Denniss Apr 25, 2017 12:07

Hi, Ksenija!

if your partner was legally residing in BE for 6 years than he would qualify for permanent residency status as well independently whether your are married/legally cohabitaing or not. If you speak/understand Dutch, look up here: http://www.kruispuntmi.be/thema/gezinshereniging/je-bent-familielid-van-... some useful information.
As far as I can see, the first 5 years your partner would have anyway card A (temporary residency) renewable every year, after five years s/he will be entitled to apply for permananet residency: card B or D, renewable every 5 year.
Good luck,
D

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