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| The Personal tax department proposes
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| Headline news of Thursday 29 May 2008 : |
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New residence regulations as from 1 June 2008 for EU citizens and their family members
As from 1 June 2008 two Royal Decrees of 7 May 2008 will (partially) implement the Law of 25 April 2007 and will introduce some major changes to the rules regarding the residence of EU citizens, as well as to the procedure and forms for family reunification with EU citizens (the entitlement of family members to join relatives).
Residence of EU citizens
- For a 'short stay' (a stay which does not exceed 3 months) a national identity card or valid passport will be sufficient. Within 10 days after arrival in Belgium an announcement of presence (Melding van aanwezigheid/Déclaration de présence) needs to be obtained from the municipality where the EU citizen will stay.
- The residence permit for a 'long stay' (a stay which exceeds 3 months) will no longer exist. The residence permits, currently known as 'purple' cards or 'blue' cards will be replaced by a declaration of registration (Verklaring van inschrijving/Attestation d'enregistrement). The electronic version of this declaration of registration will also be known as the E card. On his first presentation at the municipality the EU citizen will be registered in the waiting register (Wachtregister/Registre d'attente). After a check on the residence by the local police and provided that he meets the conditions for residence as an employee, self-employed person, student, etc he will be registered in the foreigners' register.
- After an uninterrupted stay of 3 years, the EU citizen is entitled to the "Document as proof of permanent stay" (Document ter staving van duurzaam verblijf/Document attestant de la permanence du séjour) and will be registered in the population register (Bevolkingsregister/Registre de la population). The electronic version of this document will be known as the E+ card.
Family reunification
- For a 'short stay' the announcement of presence again needs to be obtained.
- For a 'long stay' the EU family member will receive also a declaration of registration (Verklaring van inschrijving/Attestation d'enregistrement), the (electronic) E card. The current 'purple' card will no longer be issued. After an uninterrupted stay of 3 years the EU family member is entitled to the "Document as proof of permanent stay" (Document ter staving van duurzaam verblijf/Document attestant de la permanence du séjour), the (electronic) E+ card.
- For a 'long stay' the non EU family member will first receive the 'orange' card (Attest van immatriculatie A/Attestation d'immatriculation A) for the first 5 months and afterwards the "Residence card of a family member of a citizen of the EU" (Verblijfskaart van een familielid van een burger van de unie/Carte de séjour de membre de la famille d'un citoyen de l'union). The electronic version of this card will be known as the F card. After an uninterrupted stay of 3 years the non EU family member is entitled to the "Permanent residence card of a family member of a citizen of the EU" (Duurzame verblijfskaart van een familielid van een burger van de unie/Carte de séjour permanent de membre de la famille d'un citoyen de l'union). The electronic version of this card will be known as the F+ card.
- The new Royal Decrees also define under which conditions a registered cohabitation (geregistreerd partnerschap/partenariat enregistré) can be considered as equal to a marriage and also defines the criteria in order to demonstrate the stable character of the relationship.
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