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Getting married and switching the residence status.

Question

Dear All,
I hope I am not bothering you with this type of question but I thought its the right place to ask first and after to discus with authorities.
My situation:
I come in Belgium 1 year and half ago as master student pursuing my master here and as a non EU citizen I was given a D visa and A type Resident permit when I registered here which I renewed since is issued yearly.
I am having a long term relationship with a girl who is a citizen of my country and Belgian citizen on the same time. We are planning to get married and start a family together. Since she spend most of here life time here and I am already satisfied with the life here we want to build our life here.
I wanted to know from your experience which is the fastest and cheapest way to switch from from student residence to family union F card for me?
I was told from some friends that there are two alternatives.
One alternative is to get married in our commune of residence in Belgium. Another is to get married in our country and get the marriage recognized here. If you know any information about these procedures and waiting I will appreciate a lot. Best Regards to all members.

Denniss

Hi, Edi!

The optimal way is to get married here in Belgium. Yes, it requires getting some certificates from your home country and translating/apostilling them (depends on your country of origine - check it here: http://diplomatie.belgium.be/nl/Diensten/legalisatie_van_documenten/zoek..., and aks your commune) but once you registered your marriage in Belgium, the procedure of changing your status is more or less straight forward: you need to go to the commune and apply for card F. When you apply you need to receive annex 19ter. If you still have your card A you do not need anything more, if it is close to being expired, you have to get a so-called 'Orange card' - Attest van immatriculatie.
The waiting period from the date of application until the decision is taken is 5 month maximum. Important: if during this period you have only 'Orange card' you are not allowed to travel outside Belgium but you are allowed to work.
You can also read more info here: http://www.kruispuntmi.be/thema/vreemdelingenrecht-internationaal-privaa... - it is only in Dutch but gives very useful details.
Good luck!

Nov 20, 2016 15:12
shortof

It's free to obtain F status, except for residence card cost.
There is no orange card any more.

Nov 20, 2016 15:39
Edi

Thank you very much Denniss for your answer. I was trying to find out on the website but I don't speak any Dutch only using Google translate. In my case with any financial support needed? As neither of us are working and we are pursuing our master studies.

Nov 20, 2016 21:55
shortof

As you're not working, as a spouse, you have to prove you can financially support yourselves. It might therefore not be a great idea, if you're legally staying in Belgium as a student, you risk being refused as a spouse - depends on your personal incomes, you don't have to be working, you do need to prove income to pay for yourselves without recourse to public funds.

Nov 21, 2016 08:59
Denniss

Hi Edi,
Yes, they do ask proof of the financal support, enough living space, health ensurance etc etc. There is quite a list of conditions but each case is being handled very individually and different factors are take into consideration. As the web-site indicates, the minimum income (for both of you) should be at least 1387.83 EURO. More info is here: http://www.kruispuntmi.be/thema/gezinshereniging/je-bent-familielid-van-... - you click on each link and see description. Hope google helps you to translate & understand.
Regarding the costs: as a spouse of Belgian you will have to pay additional 160 EUR admin costs (probably the price of being married to Belgian :)).
And a small correction: the case is being handled 6 months from the date of application, not 5.
hope this helps,

Nov 22, 2016 17:02
Edi

Hi Denniss,
I really appreciate your time answering. Thank you very much. One last question because I could not find in the website. Nor me nor my spouse is currently working as we are both studying and moreover I do not have a work permit in the student visa.
Can the income requirement be fulfilled by having a signed: Engagement de prise en charge(FR) or VERBINTENIS TOT TENLASTENEMING (NL) by a third person or any bank deposit? Like it was required to obtain my student visa. (https://dofi.ibz.be/sites/dvzoe/NL/Documents/bijlage_32.pdf)
I want to be sure as I do not want to be refused as a spouse and to be in trouble.
Thanks a lot

Nov 22, 2016 23:23
Denniss

Hi, Edi!
Here I am not sure: you better ask at the commune, they might be helpful. But the principle is that your (future) spouse and you as well should demonstrate a proof sufficient financial means and that you both will not become a burden to the state. It might be also helpful to demostrate a proof that you actively look for a job.
In your place, I'd concentrate now on getting all docs to get married and after that, you dig into how to change your status. Remember, once you apply for card F, you will be able to start looking for a job and to work with the orange card (or what replaces it).
I do not think you will be in trouble but beurocratic hassle is guaranteed :) - this is the privelege of living in Belgium ;-))
Best luck

Nov 23, 2016 12:21
Edi

Thanks a lot Denniss,
You were very helpful.
I wish you all the best!

Nov 23, 2016 21:55