Best Dependent Visa Lawyers in Modave

About Dependent Visa Law in Modave, Belgium

In Belgium, what many people call a dependent visa is usually handled as family reunification. It allows certain family members to join a person who is already lawfully living in Belgium. Although you will deal with local offices in Modave for registration and residence cards, the rules themselves are set at the federal level and apply nationwide.

There are two main legal paths. If the sponsor in Belgium is a Belgian or a non-EU national with a valid residence permit, family reunification is handled under Belgian law and usually starts with a long-stay visa type D. If the sponsor is an EU or EEA or Swiss citizen exercising free movement rights in Belgium, the process follows EU free movement rules. In both paths, the family member normally applies for a visa abroad, then registers in Belgium and receives a residence card after arrival.

In Modave, once the family member arrives with the visa D, the communal administration handles local steps such as registration in the population register, a possible home check by the local police to confirm address, biometrics, and the issuance or renewal of the residence card.

Why You May Need a Lawyer

Family reunification seems straightforward, but many applications fail because of technical or documentary issues. A lawyer can add real value where the relationship status is complex, documents come from multiple countries, or the sponsor changed status or employer recently. Legal support is helpful when you must prove a durable partnership rather than a marriage, when names or dates differ across civil status records, or when prior immigration or asylum history raises questions. It is also useful if the sponsor’s income is close to the minimum threshold, if there are concerns about previous public assistance, or if there is a criminal record or a public order issue to explain.

You may also need a lawyer to plan the best filing route and timing, to prepare for a home visit, to respond to a request for more information, or to appeal a refusal within strict deadlines. If domestic violence, relationship breakdown, or death of the sponsor occurs, there are protective rules that may allow the family member to keep residence. A lawyer can help you use those provisions properly.

Local Laws Overview

Who can qualify as a dependent generally includes a spouse, a registered or legally cohabiting partner recognized by Belgium, minor children, and in some cases dependent adult children or certain parents. Exact eligibility depends on whether the sponsor is Belgian, a non-EU national, or an EU or EEA or Swiss citizen. Belgium recognizes same-sex marriage and can recognize certain registered partnerships and legal cohabitation if they meet Belgian conditions.

Common conditions include proof of the family relationship, sufficient and stable income from the sponsor, suitable accommodation, and health insurance coverage. The sponsor’s minimum income threshold is published by the Belgian Immigration Office and is updated periodically. Some categories, particularly EU citizen sponsors, follow different resource rules. Documents issued abroad usually must be legalized or apostilled and translated by a sworn translator into French, Dutch, or German.

The standard process starts with a visa D application at a Belgian embassy or consulate in the country of residence. In some cases, a family member who is already lawfully in Belgium can apply at the commune. The federal Immigration Office makes the decision. Typical processing times range from several months up to 6-9 months, and complex files can take longer. For family members of an EU citizen, the law foresees a shorter decision period.

After arrival in Modave, you must register at the commune within 8 days. The commune may arrange a home visit to verify residence. If conditions are met, you receive a residence card that confirms your right to stay. Initial cards are usually temporary and must be renewed, with the possibility of longer-term or permanent status after several years of lawful residence. Many family members gain access to the labor market once they hold their Belgian residence card, but always check the exact annotation on the card.

If an application is refused, you normally have a right to appeal to the Council for Alien Law Litigation within a short, fixed deadline. A timely and well-documented appeal can be decisive, and in some cases it is better to reapply with stronger evidence. Filing strategy should be assessed case by case.

Frequently Asked Questions

Who counts as a dependent for Belgian family reunification?

Usually a spouse, a registered or legally cohabiting partner recognized by Belgium, minor children of the sponsor or of the couple, and sometimes dependent adult children. For EU citizen sponsors, certain ascendants or other family members may qualify in limited situations. Eligibility depends on the sponsor’s status and proof of dependency or household membership.

Can unmarried partners qualify?

Belgium may accept a registered partnership or legal cohabitation that meets Belgian requirements. In some cases a durable and stable relationship with evidence of long-term commitment and cohabitation can qualify. The evidentiary burden is higher than for married couples and exact rules differ by sponsor category.

Do we need to meet a specific income level?

Yes, most sponsors must show stable and sufficient income that meets a threshold published by the Immigration Office. The amount is updated periodically and can vary by category. Income usually must be independent of social assistance. If your income is close to the threshold or varies, legal advice is recommended.

What documents are required?

Common items include passports, a visa D application for the family member abroad, civil status records such as marriage or birth certificates, proof of legal cohabitation or partnership if relevant, proof of income and housing, health insurance, a medical certificate, and a police clearance for adults. Foreign documents typically require legalization or apostille and sworn translation into French, Dutch, or German.

How long does the process take?

From several months to 6-9 months is common, but complex files can take longer. For family members of EU citizens, the decision period is generally shorter. Timing runs from the moment the complete file is received by the competent authority.

Can I apply from inside Belgium?

Sometimes. If the family member is already in Belgium with lawful stay, they may be able to file at the commune. Many applicants must apply from abroad at a Belgian embassy or consulate. The correct route depends on your status and travel history. Filing from the wrong place can lead to refusal.

Will there be a home visit in Modave?

A home visit by the local police to verify that you live at the declared address is common. The commune uses the report to confirm residence before issuing or renewing a card. Make sure names on the doorbell and mailbox match your registration and that you can show you actually live there.

Can a dependent work in Belgium?

In many cases, yes, after registration and once the residence card is issued. The card usually indicates labor market access. Family members of EU citizens often have full access. Some non-EU family members also have broad access, but always check the annotation on the card or ask the commune.

What if the relationship ends or there is domestic violence?

Belgian law contains protections that may allow you to keep or convert your residence in cases such as domestic violence, death of the sponsor, or long-term relationship breakdown after a certain period. These situations are sensitive and evidence heavy. Seek legal help quickly to avoid gaps in status.

What if my application is refused?

You can usually appeal to the Council for Alien Law Litigation within a short deadline. The appeal focuses on legality and evidence. Sometimes a new, stronger application is better. A lawyer can assess the best option based on the refusal grounds and your documents.

Additional Resources

Belgian Immigration Office DVZ-OE. This federal authority decides most family reunification applications and publishes conditions, forms, and fee information.

Federal Public Service Foreign Affairs. Belgian embassies and consulates handle visa D submissions and initial checks abroad.

Administration communale de Modave - Service Population. The local commune registers your residence, coordinates home checks, and issues residence cards after arrival.

Bureau d’aide juridique de Liège. Provides information on eligibility for subsidized legal assistance if you need a lawyer but have limited means.

Caritas International Belgium and CIRÉ. Non-governmental organizations that offer guidance to migrants and refugees on family reunification procedures and integration support.

Public social services CPAS. For questions about social assistance and its impact on family reunification conditions, speak with CPAS or a lawyer before applying.

Next Steps

Map your route based on the sponsor’s status. The path and conditions differ for Belgian sponsors, non-EU sponsors, and EU or EEA or Swiss sponsors. Confirm where you must apply and the expected processing time.

Gather civil status documents early. Obtain marriage, birth, and partnership documents from the country of origin. Arrange legalization or apostille and sworn translations into French, Dutch, or German. Keep multiple certified copies.

Check income and housing. Compile recent pay slips, employment contracts, tax statements, and proof of suitable accommodation. Address any gaps such as probationary contracts, variable income, or shared housing with clear documentation.

Prepare health insurance and clearances. Make sure the family member has required medical and police certificates that meet Belgian specifications and are still valid at filing time.

File correctly and keep records. Submit a complete file at the Belgian embassy or at the commune if eligible. Keep scanned copies of everything, obtain receipts, and note all deadlines.

Plan for arrival in Modave. After receiving the visa D and traveling, register at the commune within 8 days. Be available for the home visit and biometrics, and monitor your card’s validity and renewals.

Get legal help when needed. If your case is complex or time sensitive, consult an immigration lawyer who practices in Wallonia and is familiar with procedures at the Modave commune and with appeals before the Council for Alien Law Litigation.

This guide is general information. Requirements and fees change. Always verify current conditions with the Immigration Office, the embassy, or the Modave commune before you apply.