Schengen visa question: Does my Thai woman have an integration requirement if I move back to Belgium?
Dear Editor/Rob V.,
Does anyone know if my Thai wife has a civic integration requirement for Flanders/Belgium when we move there? My Thai wife and I want to move back to Antwerp. My wife is 55 years old and I am 64 years old. 20 years ago I moved to NL against my will because my wife did not get a tourist visa or residence permit for Belgium.
So my wife has been legally residing in the EU, in the Netherlands, for 20 years. During that time she worked full time in the Netherlands. Her knowledge of the Dutch language is not optimal, she is sometimes difficult to understand. Her Dutch vocabulary is limited. But communication at her work has been going well for 20 years. That is why she is not eager to do another integration course in Antwerp.
In the Netherlands she did an integration course 20 years ago. but did not get the certificate. She did not reach the required level “NT2” for Dutch.
And if she were still obliged to follow an integration course in Belgium, and she failed again due to insufficient knowledge of the Dutch language, would she have to do the course again until she met the standards?
Regards,
Johan
Dear Johan,
If you, as a Belgian citizen, live in the Netherlands with your Thai wife, EU legislation applies. To be precise, EU Directive 2004/38 for family members of Europeans. This means, among other things, that your wife was not required to integrate in the Netherlands and has a so-called 'residence card' stating that she is a family member of an EU/EEA national (regular family migrants receive a regular 'residence permit' instead of a 'residence card').
If you move back to Belgium after using these rights, the special rules also apply in Belgium, so she will not have to integrate there either. I don't know exactly how you start the procedure via DVZ, but make sure you make it known that you have used your EU law in the Netherlands. I would preferably take the Dutch residence card with me and include a copy of it with the application for a Belgian 'family member of an EU/EEA citizen' residence card.
More information on the DVZ website, see from the heading 'Stay in Belgium': dofi.ibz.be/
Readers may have gone before you who can share their practical experience below. Please note that for naturalization an EU country may require integration. So if your wife (also) wants to take on Belgian nationality, certain obligations may be imposed.
Regards,
Rob V
If you have been living in the Netherlands for so long and you have properly arranged your right of residence in the Netherlands, you should now both have the so-called permanent right of residence. If not, request it quickly via this form https://ind.nl/Formulieren/6012.pdf
No special conditions apply to this.
You never know what the future will bring and with this residence document both you and your wife are covered as well as possible. Better embarrassed than embarrassed I would think.
When you return to Belgium, you can take your wife with you.
She then has the same rights as a Thai woman of a Dutch citizen who is going to live in Belgium and will NOT be required to integrate there.
In Belgium you register with the municipality. Your wife will apply for a residence permit there. There is also no means requirement at that time. She will receive an F card after six months and can also apply for the right of permanent residence in Belgium after five years. Then she gets the F+ card.
In my response I assumed that the questioner has the Belgian nationality.
Adrie's reaction below is certainly chaotic and incomprehensible. With all due respect: a bit of the story of the clock and the clapper
For example, the Netherlands has nothing to do with a Belgian residence permit
The conditions for option can be read here: https://ind.nl/Formulieren/5013.pdf
I don't think a wife of a Belgian can use this in the Netherlands.
Dear sir,
Information from Rob V. Is not complete. Only with a valid Belgian residence permit is your partner not obliged to integrate in the Netherlands. From your story I understand that your partner does not have this. I think you can get this document after 4 months, I had read this once.
I do not know whether your partner has lived in the Netherlands for more than 15 years (continuously) and has been married to a Dutch national for more than 3 years, in which case she may be able to obtain Dutch nationality through the option scheme. For more information, see IND.nl, option scheme.
Grt. Adrian
Dear Adri, I think you are turning things around? How should a Thai person who has come to the Netherlands obtain a Belgian residence permit? This concerns a Belgian man with a Thai wife, living in the Netherlands. Then the Thai is never obliged to integrate in the Netherlands under EU law. And if they then move back to Belgium, they do not have an integration obligation there either.
See also the useful additions of Prawo.
NB: does not apply to Johan, but conversely the scenario would be this with a Dutch-Thai couple:
– move directly to the Netherlands: integration is required
– Dutchman and Thai couple are going to live in BE: no integration. If you move to the Netherlands, there is no integration there, but they prove their actual residence in BE with a Belgian residence card and other documents. Minimum residence is 3 months, but being on the edge like this does not make an immigration service happy (suspicion due to 'abuse' lurks and therefore obstructive officials).
Day, when I came to Belgium in 2008 with my Thai wife, married in Thailand, and had her registered with the municipality, she took an integration course and passed with great distinction, she had several foreign colleagues of European and African origin. almost all of whom failed, so there was no interest. So I would say if your wife understands the language, then it is not as difficult as in the Netherlands.
Kind regards, Martin
I cannot comment on the regulations. I do have a tip. Before you settle in a Belgian municipality: speak to the mayor. Ask if he is willing to register your wife in the municipality. A good conversation usually ensures a smooth registration, and will therefore not be a problem for the DVZ.
Good idea!
Talking to Bart de Wever, mayor of Antwerp, will be difficult. If I can get hold of an ordinary civil servant I will be satisfied!
apparently there is still something to “arrange” in Belgium. I knew in the past but thought it was over now. I am pleased that the phenomenon still exists in Belgium.
Thanks, Rob.
A clear story, with the legal texts included!
Dutchman. Married to an Asian woman for 10 years.
Live in Belgium. Woman has F card (valid for 5 years). Must attend a 2 to 3-year Dutch language course paid for by the Belgian state and will soon also have to attend an integration course. There is no obligation, but if you do not do this, no extension of Belgian registration will be granted after 5 years.
Dear Brabantman, what exactly do you mean by 'Belgian registration'? They cannot refuse to extend your right of residence due to lack of integration, because this is not and cannot be required under EU rules. If you do not participate voluntarily, the DVZ cannot harm you. But if a completely free course suits you, you can of course use that offer of your own free will. Or has some official been successfully threatening suggestively that it should not be done, but 'must'?
The Belgians also know that Europeans and their families cannot be obliged to do anything, see (there are probably better links) for example: https://www.agii.be/nieuws/behoud-verblijf-wordt-afhankelijk-van-integratie-inspanningen
“Although the law states willingness to integrate as a general residence condition, this condition does not apply to certain types of residence applications and statuses:
- (…)
– Union citizens, including family members applying under Article 40, 40bis or 40ter
– Belgians who exercised their right to free movement, including family members
– Long-term residents in the EU who request a second residence in Belgium
– (…)”