Schengen visa question: Can my Thai girlfriend with a Belgian residence permit visit me in the Netherlands?
Dear Editor/Rob V.,
My Thai girlfriend holds a Belgian F+ Card (permanent residence card of a family member of a Union citizen) valid until September 29, 2020. After her husband died, she returned to Thailand in June 2016, with the right to move within a certain period (I thought 2 years, but I'm not sure!) to settle in Belgium again.
In the period from June 2016 to August 2018, she visited me in the Netherlands several times with this residence card, so without a visa.
My question is whether she can still enter the Netherlands without a visa with her F+ card, which is still activated (checked via eID Belgium). Does anyone have experience with this?
Perhaps not relevant here, but for the sake of completeness it should be mentioned that she receives a survivor's pension from Belgium.
Thanks in advance for a response.
Regards,
Werner
Dear Werner,
I don't know what the situation is with Belgian residence rights. But assuming that she indeed still has a valid residence card with a valid right of residence linked to it, she can visit all Schengen countries as a tourist. She can then simply come to the Netherlands on holiday with her Belgian residence card and Thai passport.
For the Netherlands, the immigration service (IND) would give someone residence in her shoes as a widow, but this would normally have been lost when deregistering (emigration) from the Netherlands. You indicate that this works differently in Belgium and that she could, so to speak, come back to Belgium tomorrow and then be allowed to move into a home. I have no idea if that is the case, hopefully that is correct and Belgian readers can confirm that. Or, if in doubt, contact the migration question center Kruispunt or the Immigration Department.
Regards,
Rob V
With a valid Belgian F-card you can visit all Schengen countries.
If she has not demonstrably been in Belgium within two years of her departure to Thailand, then her F+ card has in fact expired (although a formal withdrawal will be required, will she still receive mail at her last known address in Belgium?).
The discussion then is how long she must have been in Belgium, is that at least a year or is one day enough? Recent case law in the Netherlands does not sound very favorable in that respect (but in my opinion there has not been enough good litigation about it).
If the F+ card is still valid, this is in principle for residence in Belgium. For all other countries in the Schengen area, it gives a right of residence of 90 days per six months, just as it applies to anyone who can travel visa-free. If you are considering a TEV-MVV procedure, she can do so from Belgium. If she has been there for so long, I don't think a civic integration exam abroad will be a problem. The only requirement that then remains for her permanent residence in the Netherlands applies to you: sufficient resources as a sponsor.
Another issue is whether the F+ card gives her the right to settle in the Netherlands like a Union citizen. I think so, but this is pretty unexplored territory. Every reason to give it a try.
As long as she has her physical F+ card she will be able to travel with it. Until the Belgians put in the SIS (Schengen information system) that this card must be taken. She will notice this upon arrival at an airport in the Schengen area, because being able to leave Thailand will not be the problem.
Thanks for your knowledgeable input Prawo. 🙂
The F card gives the lady the right to work in Belgium. The Chengen visa gives her the right to travel freely as a tourist in all Chengen countries, including the Netherlands of course. The fact that she is married to a Belgian and has/had a permanent address in Belgium entitles her to this F card (5 years). Since the lady still has an F card and therefore does not yet have a Belgian ID card, she has not yet acquired Belgian nationality. If the lady leaves Belgium for more than 6 months, she has a reporting obligation, just like the other Belgians. If she leaves Belgium for more than 1 year, she must deregister in Belgium. The acquired rights do not expire and she can always return to Belgium within the period her F card is valid. If she does not do this within this period, she will lose her acquired rights and will have to start everything over again. The duration of her survivor's pension (widow's pension) will depend on her own age and the time she has been married to the Belgian, and can therefore also expire after a certain period. Too little information to give an accurate picture.