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Cohabitation vs Visitor's Visa

Rikkal

Hi,

I am a Non-EU citizen who will be working abroad (outside Europe). I have a girlfriend in Belgium and would like to visit her frequently and stay at her place for my holidays etc. Can someone suggest me if I can apply for Cohabitation visa in this case. Or should I apply for Visitor visa ?

Case 1: A Non-EU working abroad applies for cohabitation visa to Belgium  (to meet his/her partner).

Case 2: A Non-EU working abroad applies for Visitor Visa to Belgium (to meet his/her partner).

Please let me know if someone has insights about the possibilities or comparison of these scenarios.

See also

Work permit in BelgiumVisas for BelgiumThe Working Holiday Visa for BelgiumL card with PHD periodLost job but single permit still valid
Jens79

What’s your partners nationality?

Are you planning to live in Belgium or only visit from time to time?

AlexFromBelgium

The goal of a cohabitation visa is to live together and start the family reunion from Belgium (and already live together while your file is pending at the immigration).

As you don't intend to stay in Belgium and just want to come from time to time, you'll have to go for the tourist visa. After 2-3 visa, you'll be able to request a multiple entry visa.
90d max in EU per 180d.

Rikkal

Hi Jens,

Thanks for your reply. My partner nationality is Belgian.
I want to visit Belgium from time to time.
For long term later, I would like to permanently move there only if I already have secured a job in Belgium.

Rikkal

Hi Alex,

Thank you for your reply.

I would like to come from time to time. However, for long term later, I would like to permanently move there only if I already have secured a job in Belgium.
I have stayed in Belgium for the past 3.5 years continuously and had to move to another country for job because after losing job, I couldn't find another job in Belgium within the time frame given to me. Can I directly apply for multiple entry visa (without applying for single entry Visa, as you mentioned)? 

A note for cohabitation visa:  This is merely an opinion.
The only goal of a cohabitation visa should not be just to live with your partner and start the family reunion while you are struggling to find a job. It puts one partner dependent on another financially.  It should also allow you to visit your partner multiple times.

Several of us, long- distance partners are doing well-off jobs in their own countries and they would like to move only once they secured the job in other country.  Is there any way to make this process bit less tedious (for e.g. multiple entry Visa from the start)?

Thanks in advance,

AlexFromBelgium

IMHO, as you've been living in Belgium and went back to your country without any immigration issue, that shouldn't be a problem at all.
You should ask that to the embassy for confirmation and explain the reason why you're looking for a multiple entry visa.



No, what you're saying about cohabitation visa is correct for Belgian and EU. But it's absolutely wrong for non-EU.
Cohabitation visas for non-EU foreigners are only granted if the goal is to live together, that's one of the basic condition to grant the visa.
If your goal is not to live together, the visa will never be granted as you do not respect all the conditions.


But you can still come in Belgium with a tourist visa and sign the legal cohabitation document, which would make you official partner regarding our laws. (it takes +/- 1 month - 3, depending on your commune)
That would make your next visa requests even easier and access to multiple entry visa.


By the way, partners of Belgian/EU do not require work permit.

ChengLin Soo

Sorry to jump into this topic out of a sudden.

May I know what are the procedures and the documents required (and the timeline the documents are valid while waiting for the visa approval) to apply for the cohabitation visa?

I plan to apply for that once I'm able to leave my home country and get into België. My partner is a Belgian citizen.

Any info helps.

AlexFromBelgium

Hello,
I've already answered that question quite many times. You can check other topic about that matter.

Unfortunately the Belgian Embassy website in Malaysia doesn't provide much information about the legal cohabitation, so here's a resume:

Basically, as your Malaysian passport gives you a visa-free 90d entry AND your partner is Belgian, you can do the family reunion from Belgium and you don't need to request any visa ==> you'll come as a tourist.
But you need to prepare documents before coming in Belgium (and not too early as your documents can't be older than 6 months old once you've arrived in Belgium).

You'll need to bring:
your certificate of birth
your single status certificate (non registered wedding / single)
if you're divorced/widow, divorce certificate / death certificate
your certificate of "Good Conduct" / criminal record

As you're going to live in Antwerpen, then all your documents must be translated in NL (or at least EN if you really can't find a sworn NL translator, but your foreigner ministry should probably be able to do it) + apostille/legalization from your foreign ministry in Putrajaya.


If it's an apostille you're fine.
If it's a legalization, then you'll need to go to the Belgian embassy in KL and ask to legalize your document for usage in Belgium.
Once you've that, you're done. Most of the documents will have to be provided by your partner.



You can check the official doc about the legal cohabitation visa from our Belgian Embassy in Vietnam, as you'll need to provide the exact same documents to your future commune in Belgium (you & your partner):



That's the normal process, but now there's the covid19 pandemia...
Which means you'll need to contact the Belgian Embassy once your documents are ready to request a laisser-passer/visa to enter Belgium for an essential reason (family reunion), without that, the border check will refuse your entry in Belgium. (or you wait few months until Malaysian passport holders are allowed to come for tourist reason again)
Your partner will have to provide some documents (copy id card, invitation letter, annexe 3bis, ...)