Travel to the EU
This information applies to the following people, resident in the UK, and looking to travel to an EU country:
- EU/EEA/Swiss citizens – for simplicity, referred to as EU citizens on the remainder of this page
- British family members of EU citizens
- Non-EU family members of EU citizens
Note – this information is a simplified summary, it is not legal advice and could be subject to change.
EU citizens
You have freedom of movement throughout the EU.
You can travel using your EU passport or national ID card, and there is no restriction on your length of stay in any EU country if you exercise treaty rights in that country.
The UK will stop accepting nationality identity cards for entry to the UK for EU citizens after 1st October 2021, with some exceptions. These exceptions include having settled or pre-settled status, in which case you can continue to use your national ID card to enter the UK until at least 31 December 2025.
British family members of EU citizens
British citizens will be treated as ‘VISA EXEMPT’, subject to reciprocity by the UK in relation with the EU27. This means you only require your British passport.
If you are travelling without your EU family member, then travelling with your passport will give you the right to stay in the Schengen zone for no more than 90 days in any 180-day period. There are a few tools available to help you calculate the 90-day rule: web-based Schengen Visa Calculator, another web-based Short Stay Visa Calculator, or look for Schengen calculator apps on your mobile phone.
Should you wish to stay in the EU for periods longer than a visit, you will need to look at what options are available depending on the country you are travelling to within the EU and your circumstances.
If you are accompanying or joining an EU family member in order to live in an EU member state, then this gives you an EU residence right which is not limited to 90 days in any 180-day period (subject to your family member exercising treaty rights in that EU member state). See also this FAQ about travelling to the EU for more than 90 days when not intending to reside in an EU member state.
Non-British, non EU family members of EU citizens
First of all, you need to know whether you are from a country whose nationals would ordinarily require a visa to cross the external border of the EU:
For travel to Ireland, check here to see whether you are a ‘visa-required’ or ‘visa-exempt’ national.
For travel to EU member states other than Ireland, see Annex I in this doc for ‘visa-required’ nationals, and Annex II in this doc for ‘visa-exempt’ nationals. The European Commission has more information, including an interactive map showing all visa requirements for all countries.
Travelling without your EU family member
If you are travelling without your EU family member, then travelling with your passport (‘visa-exempt’ national), or with your passport and visa (‘visa-required’ national) will give you the right to stay in the Schengen zone for no more than 90 days in any 180-day period. The European Commission provides a calculator for the 90-day rule.
Should you wish to stay in the EU for periods longer than a visit, you will need to look at what options are available depending on the country you are travelling to within the EU and your circumstances.
See this FAQ for more information on why some non-EU family members will now need a visa to travel to the EU, despite having a biometric residence card from the UK.
Accompanying or joining your EU family member
If you are you are accompanying or joining an EU family member in order to live in an EU member state:
If you a ‘visa-exempt’ national, then accompanying your family member gives you an EU residence right which is not limited to 90 days in any 180-day period (subject to your family member exercising treaty rights in that EU member state). You will again need your passport to travel.
However, if you are a ‘visa-required’ national, the UK’s ‘Residence card of a family member of a Union citizen’ will no longer be valid for travel to the EU after the end of the transition period. This is because it is a UK issued card, which is no longer recognised by the EU.
If you are travelling to an EU member state of which your EU family member is not a national, you will be entitled to apply for and be issued with a family permit visa free of charge, and as soon as possible on the basis of an accelerated procedure. For details of this procedure, check with the embassy / relevant website of the country you wish to travel to.
If you are travelling to the EU member state of which your EU family is a national, check with the embassy / relevant website of that member state for details.
This then gives you an EU residence right (subject to your EU family member exercising treaty rights) which is not limited to 90 days in any 180-day period.
Note the different kinds of cards which all look very similar
Residence card, issued under Immigration (EEA) Regulations 2016
Mentions the words ‘Residence card of a family member of a Union citizen’.
NOTE: This card is no longer valid for travel to the EU.
EU Settlement Scheme Residence card (issued to non-EU citizens only)
This is only relevant in the UK, and is not valid for travel to the EU, not even when it contains the wording ‘Issued under the EU Exit Separation Agreements’
Residence permit
Issued under UK Immigration rules – this is only relevant in the UK, and is not valid for travel to the EU
Travel to the EU
This information applies to the following people, resident in the UK, and looking to travel to an EU country:
- EU/EEA/Swiss citizens – for simplicity, referred to as EU citizens on the remainder of this page
- British family members of EU citizens
- Non-EU family members of EU citizens
Note – this information is a simplified summary, it is not legal advice and could be subject to change.
EU citizens
You have freedom of movement throughout the EU.
You can travel using your EU passport or national ID card, and there is no restriction on your length of stay in any EU country if you exercise treaty rights in that country.
The UK will stop accepting nationality identity cards for entry to the UK for EU citizens after 1st October 2021, with some exceptions. These exceptions include having settled or pre-settled status, in which case you can continue to use your national ID card to enter the UK until at least 31 December 2025.
British family members of EU citizens
British citizens will be treated as ‘VISA EXEMPT’, subject to reciprocity by the UK in relation with the EU27. This means you only require your British passport.
If you are travelling without your EU family member, then travelling with your passport will give you the right to stay in the Schengen zone for no more than 90 days in any 180-day period. There are a few tools available to help you calculate the 90-day rule: web-based Schengen Visa Calculator, another web-based Short Stay Visa Calculator, or look for Schengen calculator apps on your mobile phone.
Should you wish to stay in the EU for periods longer than a visit, you will need to look at what options are available depending on the country you are travelling to within the EU and your circumstances.
If you are accompanying or joining an EU family member in order to live in an EU member state, then this gives you an EU residence right which is not limited to 90 days in any 180-day period (subject to your family member exercising treaty rights in that EU member state). See also this FAQ about travelling to the EU for more than 90 days when not intending to reside in an EU member state.
Non-British, non EU family members of EU citizens
First of all, you need to know whether you are from a country whose nationals would ordinarily require a visa to cross the external border of the EU:
For travel to Ireland, check here to see whether you are a ‘visa-required’ or ‘visa-exempt’ national.
For travel to EU member states other than Ireland, see Annex I in this doc for ‘visa-required’ nationals, and Annex II in this doc for ‘visa-exempt’ nationals. The European Commission has more information, including an interactive map showing all visa requirements for all countries.
Travelling without your EU family member
If you are travelling without your EU family member, then travelling with your passport (‘visa-exempt’ national), or with your passport and visa (‘visa-required’ national) will give you the right to stay in the Schengen zone for no more than 90 days in any 180-day period. The European Commission provides a calculator for the 90-day rule.
Should you wish to stay in the EU for periods longer than a visit, you will need to look at what options are available depending on the country you are travelling to within the EU and your circumstances.
See this FAQ for more information on why some non-EU family members will now need a visa to travel to the EU, despite having a biometric residence card from the UK.
Accompanying or joining your EU family member
If you are you are accompanying or joining an EU family member in order to live in an EU member state:
If you a ‘visa-exempt’ national, then accompanying your family member gives you an EU residence right which is not limited to 90 days in any 180-day period (subject to your family member exercising treaty rights in that EU member state). You will again need your passport to travel.
However, if you are a ‘visa-required’ national, the UK’s ‘Residence card of a family member of a Union citizen’ will no longer be valid for travel to the EU after the end of the transition period. This is because it is a UK issued card, which is no longer recognised by the EU.
If you are travelling to an EU member state of which your EU family member is not a national, you will be entitled to apply for and be issued with a family permit visa free of charge, and as soon as possible on the basis of an accelerated procedure. For details of this procedure, check with the embassy / relevant website of the country you wish to travel to.
If you are travelling to the EU member state of which your EU family is a national, check with the embassy / relevant website of that member state for details.
This then gives you an EU residence right (subject to your EU family member exercising treaty rights) which is not limited to 90 days in any 180-day period.
Note the different kinds of cards which all look very similar
Residence card, issued under Immigration (EEA) Regulations 2016
Mentions the words ‘Residence card of a family member of a Union citizen’.
NOTE: This card is no longer valid for travel to the EU.
EU Settlement Scheme Residence card (issued to non-EU citizens only)
This is only relevant in the UK, and is not valid for travel to the EU, not even when it contains the wording ‘Issued under the EU Exit Separation Agreements’
Residence permit
Issued under UK Immigration rules – this is only relevant in the UK, and is not valid for travel to the EU
Obtain Residency in Belgium
Individuals who wish to obtain a Belgium residence permit should know that this is divided into two categories: temporary and permanent Belgian residence permit. The first one is awarded when moving to Belgium for work or study purposes as well as for starting a business or making an investment. The second one is a natural transition for those who wish to live in the country permanently.
Our team of Belgium immigration lawyers can assist EU and non-EU citizens who are looking to obtain residency in Belgium, whether they wish to do so permanently or temporarily. The process for a residence permit in Belgium is not a complicated one, however, all applicants are asked to provide the documents that justify their stay and the application is accepted or rejected based on the accuracy of the submitted data. This is why getting in touch with one of our agents is highly recommended before coming to the country or, in any case, before submitting the actual documents for approval.
Our team provides complete and ongoing services for those who wish to obtain residency in Belgium. In this article, we answer some common questions and briefly outline the general application process. Please keep in mind that our team is ready to answer any detailed questions that may apply in your particular case.
Table of Contents
How can an EU national obtain a Belgium residence permit?
The Belgium immigration process starts with a temporary residence permit. For EU citizens, the right of free travel within the Union, as well as their granted ability to seek employment in a Member State, may make the process a little simpler than for non-EU nationals.
Time needed to obtain the temporary residence permit (approx.)
Temporary residence permit validity
For the duration of the studies or the duration of the employment relationship
Subject to renewal as long as the holder continues to meet the conditions for up to 5 years
– Filled-in application form
– Personal identificationd documents (a valid passport is mandatory)
– Visa-specific documents (employment contract, student’s acceptance letter, proof of family relations, proof of business or investment, etc.)
– Other supporting documents such as photographs, proof of accomodation and financial means, proof of health insurance and others
Yes, subject to conditions related to having adequate financial resources to take care of the accompanying family members
EU nationals who intend to reside in the country for more than 90 days (the permitted maximum period without a residence permit) need to submit an application for a residence permit in Belgium that is based on their status. Some examples are the following:
- Employee: an individual who has taken up employment in the country will provide a valid employment contract;
- Jobseeker: in the event in which no job has been secured, the applicant will provide evidence of his efforts (application letters);
- Self-employment: proof of registration with the Crossroads Bank for Enterprises and with the social security fund for the self-employed;
- Student: proof of enrollment with a Belgian school or university is needed, along with proof of sufficient means of subsistence.
These are just some examples of the status for which an EU national can apply for temporary Belgium residence permit in 2022. Moving to Belgium is also possible for trainees (based on a traineeship contract) or for family members (a partner, spouse, or children) under the family reunification purpose.
EU nationals can obtain permanent residency in Belgium after an uninterrupted stay of five years (based on temporary residence permits). One of our Belgium immigration lawyers can provide details on the separate process of applying for the permanent Belgian residence permit.
What are the residence conditions for non-EU citizens?
Non-EU nationals who wish to stay in the country for more than three months in 2022, thus to obtain a Belgium residence permit, will need to observe a set of different formalities, starting with obtaining the D visa type (the one for long-term purposes) issued by the Embassy or Consulate in one’s country of origin. It is useful to note that the visa application takes place before arriving in Belgium, however, in some particular cases, the application can also be submitted with the municipal administration in the area where the applicant lives or will live in Belgium.
Any non-EU national intending to reside in Belgium for more than three months for employment, study, investment or other purposes will need to submit the following documents for the D visa:
- a valid travel document;
- the visa application form together with 2 passport photographs;
- a certificate of good conduct and a medical certificate;
- documents that prove the status.
Certified translations are required in many cases. One of our immigration lawyers in Belgium can help non-EU nationals during this process.
We invite you to watch a video about obtaining Belgian residency and permanent residence in Belgium:
How is residency status verified in Belgium?
EU and non-EU nationals who obtain residency in Belgium in 2022 need to be aware of the fact that the Belgian residence permit status is subject to control by the municipality. The police are generally the one entrusted to observe the movements of the population and the criteria for establishing if an individual is actually living at the indicated location is based on several criteria:
- if the person lives at that address for most of the time;
- if he or she returns there after work;
- if the children go to school in the area;
- if the address is the one for which the gas, electricity, and water invoices are received.
If you would like to know more about the inquiries made by the municipality on the status of the individuals within their territory, please reach out to our immigration lawyer in Belgium.
What are the conditions for obtaining permanent residence in Belgium in 2022?
An individual who has been living uninterruptedly in the country for five years can obtain a permanent Belgian residence permit. The permanent permit is applied for in person, with the municipal authority in the area of residence. The Appendix 22 is used for this purpose (séjour permanent/Duurzaam verblijf) and the applicant will be asked to fill it is appropriately.
The authorities may ask for information on one’s lawful stay in Belgium and for this purpose the applicant may be required to provide evidence of having held adequately renewed residence permits for the five-year stay in the country prior to the application for permanent residency.
Once the application is filed, the next step is for the applicant to receive the actual permanent Belgium residence permit. This can be issued either in paper format (in which case it has unlimited validity) or in electronic format (an E+ Card with a validity of 5 years that can be renewed).
An essential part of the process is the fact that the permanent resident is now registered with the population register instead of simply being registered with the aliens’ register. This allows for better social integration.
Non-EU nationals go through a different permanent residence procedure than the one described above for EU citizens. In order to obtain a permanent Belgium residence permit they will:
- Obtain the B Card: this is the certificate of registration for an indefinite period with the Register of Foreigners and it is the first step as it grants access to applying for the C card; the Immigration Office assesses each case and grants this right of stay; non-EU nationals who have a B card are allowed to work without a professional card, however, a key difference is that they remain registered with the aliens register, as opposed to the municipal one;
- Obtain the C and the D cards: the C card is granted after 5 years of holding the B card and, like in the case of the EU national, is the manner in which the individual will be registered in the population register as opposed to the aliens’ one; the D card is granted when the foreign national has stable and regular income to support himself and the family, if applicable, he has health insurance and is able to prove the uninterrupted 5-year stay in the country.
Non-EU nationals are also required to apply for the C or D card with the municipality in their area of residence. They receive the residence permit once the Immigration Department approves the application. Both the C card and the D cars have a 5-year validity period and are renewable.
Our Belgian immigration team can give you complete details about this procedure in 2021. We provide assistance as needed to those who wish to remain in the country indefinitely and we assist throughout the application procedure, including for obtaining Belgium citizenship by investment. Please reach out for more information on how we can help you.
Social integration for immigrants in Belgium
Integration in the host country is essential for immigration purposes and proof of such integration is essential for those interested in obtaining a Belgium residence permit for the purpose of indefinite stay. Integration can largely be based on a number of key factors such as obtaining and securing employment, civic participation as well as educational attainment for the children of immigrants. In Belgium, the municipal council has authority at a local level over the implementation of the integration projects and the national immigration policies.
Two main categories of immigrants are distinguished for immigration purposes: asylum seekers and other categories of immigrants. Understandably, the process can differ on a regional level as the country is divided into three areas, Wallonia, Brussels-Capital, and Flanders. For example, in Wallonia and Flanders, non-EU immigrants (such as family members of foreign nationals who are already Belgian employees or spouses of Belgian nationals) are subject to an integration curriculum. The Integration Programme largely focuses on language courses, civic education as well as vocational training, however, the current regulations do not apply for children, students, seriously ill or disabled individuals. Starting with 2017, the Brussels-Capital Region also implements a migrant integration strategy focused on citizenship training, language training for French or Dutch as second languages as well as social and economic participation. The integration programmes and strategies were not subject to an official evaluation in the three regions when this article was written.
Key facts about life in Belgium
Belgium was named the “capital of Europe” and this is also true for the high number of foreign nationals living in the country. The following data was available at the start of 2018, as published by the Statistical Office:
- there were 11,431,406 people living in the country;
- 1,198,726 individuals were living in the Brussels-Capital Region;
- the Flemish Region had 6,552,967 inhabitants;
- the Walloon Region had 3,624,377 inhabitants.
Contact us for more details about Belgium immigration, obtaining residency, citizenship, and handling different other issues related to living in the country.
Source https://the3million.org.uk/node/1100849925
Source https://the3million.org.uk/node/1100849925
Source https://immigration-belgium.com/obtain-residency-in-belgium/