Belgium - Non EU Spouse to Remain

[Elysium6]

Hello,

I am a US Citizen, married & living in Belgium, to a Belgian citizen. We were married nearly 3 years ago in the US. I have received my temporary residency (orange) card, and have about one month left to provide the required documents to stay.

The problem is...my husband has not been able to find employment since returning to Belgium in October. He is actively seeking employment with proof. I am currently enrolled in the required language & integration courses, as well as registering with VDAB myself.

We are both very nervous about the job situation. We are still currently living with family & both have health insurance. It states on many Belgian immigration sites, that my husband can prove he is seeking employment...but is that sufficient to allow me to stay? We will have our own apartment in early March.

Is there a possible affidavit of support for a family member? Or any other options?

Thank You!

[noajthan]

Hello,

I am a US Citizen, married & living in Belgium, to a Belgian citizen. We were married nearly 3 years ago in the US. I have received my temporary residency (orange) card, and have about one month left to provide the required documents to stay.

The problem is...my husband has not been able to find employment since returning to Belgium in October. He is actively seeking employment with proof. I am currently enrolled in the required language & integration courses, as well as registering with VDAB mysellf.

...

Is there a possible affidavit of support for a family member? Or any other options?

Thank You!

Sponsor can be exercising treaty rights as a self-sufficient person.
You (probably) need CSI & able to show you're not a burden to state social/welfare system.

[noajthan]

This may help you get up to speed on free movement;
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

- ofcourse there may be a few updates coming after this weekend's events & various announcements

[Elysium6]

Thank you for your reply, however I am not sure how that relates to me being I am a US citizen, not UK. I'm confused.

[Richard W]

I fear Noajthan is under the misapprehension that you are in Belgium in the capacity of a non-EEA family member of an EEA citizen, and therefore protected by Directive 2004/38/EC, whereas you are probably in Belgium under purely Belgian immigration law.

[noajthan]

Thank you for your reply, however I am not sure how that relates to me being I am a US citizen, not UK. I'm confused.

You are with an EEA national so assumed you are on EU migration route.

If that is not the case ie Belgian citizen has not returned to Belgium with you (after living/working elsewhere in Europe) then that is my misunderstanding.

[Elysium6]

Thanks for trying to clarify...however, I am still in the weeds

My husband is a native Belgian, and yes, he is in Belgium with me. We both returned to Belgium in October (he lived with me in the US for a few years prior to returning to Belgium).

Since his return, he hasn't been able to find a job. So, I was wondering if it is possible to remain with him in Belgium while he is still seeking employment.

We are trying to find answers to our questions locally as well, but thought I would try here as well.

Thank You!