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Home » Reader question » Investigation into marriage of convenience in Belgium, can I start applying for visa D?
Investigation into marriage of convenience in Belgium, can I start applying for visa D?
Dear readers,
My wife went on holiday in Belgium with a passport in July. In the meantime, we were legally married in October at the Belgian embassy in Bangkok, approved by the consul. On October 20, I wanted to register this marriage at the town hall and I was informed that an investigation will first follow for a marriage of convenience (too crazy to be dead) and have to wait months. Already had a visit from the police at home and had an interrogation of 3 hours last week (ps you also have to sign that you waive the franchimont law and very intimate questions follow).
Now my question is: can I already start applying for visa D without having to purchase a ticket because we still have to wait until the end of January for the answer from the public prosecutor's office? We had already started a visa office in Thailand and they had all our documents translated, etc. However, our documents have a limited period of validity.
And note two, according to human rights Art. 16, Belgium is in violation here.
Regards,
Daniel (BE)
According to Belgian law, as a Belgian you cannot get married at an embassy. However, a statement can be issued and then you must follow the Belgian procedure. Just google it (2 minutes) and you can read it like this.
I got married in the town hall and sent everything translated to the Embassy who then forwarded it to the municipality where I last lived in Belgium. Then I asked for a 1-year visa at the Embassy, which I received after a few days. We then booked a trip for 2 months without any problems.
The Best
I've had the same situation. Has the Belgian Consul in Bangkok registered your marriage in the Crossroads Bank? If so, go to the court where the examining magistrate against marriages of convenience sits. There, ask if the municipality where you live has submitted a written application against a marriage of convenience, which will not be the case because the marriage has already been accepted. They will take immediate action .
In my case it was a municipal official who did not want to transfer the marriage in the civil registry and kept me on the line for more than a year.
Succes
William
Hi everyone, I don't understand this. The Belgian embassy informed us what to do and when we had the necessary papers getting married was a piece of cake. Went to my town hall with those 'officially translated' papers and the next day we were also officially married in Belgium.
Da and Luke
You can be satisfied that the Embassy agreed to a marriage. But… a marriage does not mean a right to family reunification.
Which unfortunately is too late for you now:
1) arrange for a conversation and good understanding with the mayor and the alderman of civil status BEFORE the wedding
2) Register your marriage in your municipality as soon as possible after the marriage. In principle, this ensures that a visa for family reunification cannot be refused.
Behave properly and meekly towards all authorities. If not, you will be thwarted. Put the visa application procedure “on hold”. My experience with investigation of marriage of convenience (this came for me BEFORE the marriage): went correctly, but indeed with intimate questions.
My advice : be patient and wait for the result of the investigation. Lasts up to 3 months. Don't threaten legal action or lawyers. What this often has a counterproductive effect and does not ensure faster handling. Many of those lawyers chase the money out of your pockets, but can't get any results.
You do not mention whether your wife is Thai.
Really don't understand why the hard way is always chosen. Example. I am married in the Amphur with my Asian (not Thai) wife. Carefully collected in advance all the necessary papers in both her and my homeland. Very easy, very nice and cooperative people on the Amphur. This is a legal official marriage.
After the marriage, have this registered in both her country and my country (NL).
Some time later moved to Belgium. Me as an EU national, she on a 5-year MVV visa. Both registered after arrival in Belgium, she immediately received a 6-month residence permit with the right to work.
After 6 months we both received the official registration for Belgium with ID card. Valid for both for 5 years.
Everything very smoothly and with the full cooperation and support of the municipal civil service of our place of residence.
So no embassies needed, but proof of birth, proof of unmarried, etc.
Dear Daniel,
Good luck and have heard this several times that some small municipalities are very difficult about a marriage between a Belgian and a much younger woman, even as in your case there is real love between you and your Thai wife. One of my friends who has been married for 4 years to his 2 year younger wife, after 4 years of marriage still not all right. I think you are the Daniel who found love in Ron Kwaeng (not far from Phrae) we met in the shopping in Phrae now 2 years ago together with your wife and me with my wife coming from Phrae.
If I can help you, don't hesitate to contact me. (testimonial or similar) [email protected] (Alain)
In the Netherlands, I also conducted an investigation into marriages of convenience, which seems to be standard practice. When registering the marriage (this is also mandatory in the GBA of your residence), a very long conversation followed with a senior official who, indeed, also asked rather penetrating questions. Since we already had a child, a positive decision followed after 4 months.