Who can benefit from family reunification with a Belgian citizen?

Only certain family members of a Belgian citizen can benefit from a permanent right of residence under articles 40 bis and 40 ter of the law of 15 December 1980. The following are eligible:

The spouse or registered partner, provided that:

• The partnership is recognised as equivalent to a marriage in Belgium (e.g.: registered partnerships in Germany, Denmark, Finland, Iceland, Norway, United Kingdom, Sweden)
• Both partners are under 21 years of age (unless the matrimonial bond predates the Belgian citizen’s arrival in Belgium)

The unmarried partner, if:

• The partnership is registered in accordance with a law (e.g.: PACS in France or legal cohabitation in Belgium)

Children (of the Belgian citizen or their partner):

• Minors or under 21 years of age, provided the parent has custody or the consent of the other parent
• Adults, only if they are dependent on the Belgian citizen or their partner

What the law says for other family members

The ascendants (parents, grandparents…) of the Belgian citizen cannot benefit from family reunification, unless the Belgian citizen has exercised their freedom of movement (lived in another EU Member State with these family members before returning to Belgium), and financial or medical dependency can be proven, then a residence application can be submitted.

For more information on this type of situation, see our dedicated page: Family reunification with a European citizen.

How to submit your application?

If the family member is already in Belgium

Even if in an irregular situation, the application can be submitted directly to the municipal administration of the place of residence.

If the family member is abroad

They will need to submit a D visa application (family reunification) at the competent Belgian consulate in their country of residence or origin.

What evidence must be provided with your application?

The Belgian citizen wishing to bring a family member must prove that they have:

1. Sufficient housing

To accommodate the person concerned in decent conditions.

2. Health insurance

Covering both the Belgian citizen and the family member.

3. Stable and sufficient financial resources

The reference amount is set at 120% of the social integration income at the household rate, i.e. €2,131.28 net/month from 1 January 2025.

This threshold is indexed several times a year.

What income is refused by the Immigration Office?

Excluded:

• Social integration income
• Financial social assistance
• Family allowances (basic and supplements)
• Professional integration allowance
• Transition allowance

Considered as financial aid (and therefore problematic):

• Assistance from the Public Social Welfare Centre (CPAS)
• GRAPA income
• Salaries under « article 60 » contracts
• Disability allowances (income replacement / integration)

However, recent case law from the Council for Alien Law Litigation requires that the following not be automatically excluded:

• GRAPA income
• Income replacement allowance for persons with disabilities

Special cases:

• Unemployment benefits may be accepted if the person is actively seeking employment (or benefits from an ONEM exemption)
• Disability benefits and employment aids are not excluded a priori

Are there exceptions to the income requirement?

Yes, if the Belgian citizen is only joined by their minor children who are not accompanied by another parent, no proof of income is required.

What to do if your income is below the legal threshold?

The amount of €2,131.28 is indicative: the Immigration Office may grant residence if you demonstrate that your actual resources allow your household to live without becoming an unreasonable burden on the community.

In this case, you will need to:

• Provide a detailed household budget
• Attach supporting documents (invoices, certificates, proof of stability, etc.)

Good to know If you have any doubts about your situation, it is strongly recommended to consult a lawyer to build a solid file.