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can I still stay in Belgium?

Question

I would really appreciate if someone can share their own experience of getting divorce here in Belgium.
my husband and I are planning to get a divorce. he's Belgian and I'm Asian. we are no longer happy together and better to have our own ways.we have no kids.
I have an F-card which is valid for 5 years, we got married in my country somewhere in ASIA,way back in March 2013. I arrived here on August 2014, found a permanent job and been in the company for over a year now and I'm still living with my husband.
I still cant speak the language though.
my questions are:
if we filled the divorce this month, would i still be able to stay in Belgium or I will be deported since I'm Under the Family reunification Visa?
if I leave our place and move somewhere closer to where I work, before filling our divorce, would i be in trouble like being sent back to my country?
I've read in some blogs that I would be able to keep my rights after we get divorced given that before we File the divorce we should stay married for 3 years and at least live in Belgium for more than a year. any one know about this?

kasseistamper

For such an important question as this you really must get professional advice.
Whatever answer you might get here, no matter how sincerely believed to be correct, is not going to be any help if it turns out to be wrong. Unfortunately, 'I read it on the xpats website' has no legal standing.

Jan 12, 2016 22:08
CC_R

Have to agree with Kasseistamper, every situation is unique I'd maybe go speak to your hr for advice or ask around for a good lawyer. All the best.

Jan 13, 2016 13:38
CC_R

Also I'd suggest get some language lessons if you can to help with residence permits in the future

Jan 13, 2016 13:39
katie

NO.
sorry to be so blunt but I have a close friend who was in the same situation, they stayed married in the end until he had Belgian citizenship. if you have agood education and your employer is willing to say you are irreplaceable, you might stand I chance, but I would not risk it. such a short marriage, the authorities are likely to suspect it was a marriage of convenience.

Jan 13, 2016 16:17
garfield

I don't agree with Katie. It is possible. I know people who have been through the same exact situation.

Your case could be solid if:

- if you had at least 5 years of continuos residence (which I understand is not your case)

- have a steady job for as long as possible

- prove that you have done the integration course and that you've attempted to learn the languages

However, every case is unique, so ditto to the above posters (apart from Katie) regarding the advice to inquire with a lawyer.

Good luck.

Mar 28, 2016 00:24
Lena77

Hello everyone,

Jane08 I would like to know have you found answer to your question because I am in almost the same situation?
We 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 school that I needed to stay here.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 5 years or I just have to be in Belgium that many years?Help

Feb 18, 2017 18:04