Schengen visa question: Do I have to buy a plane ticket for my Cambodian girlfriend?

Dear Rob/Editor,

Quick flight question. My Cambodian girlfriend (who has been in Belgium for many years) will be returning to Belgium at the beginning of September with C-Visa/Short Stay 90 days. Soon (Monday 29/08) she will receive her visa from the French embassy in Phnom Penh.

Now we are going to submit a marriage proposal in Belgium with all the necessary documents (legalized and translated and legalized), which is possible and the city is already aware.

My question, do I have to buy a flight there & back for her? Will this be checked upon arrival at the Belgian airport to see if she has a ticket for the return flight?

In my opinion, she already has a visa and can leave. After all, if the marriage does not take place for whatever reason, it remains my responsibility that she is on the flight home after 90 days.

What's your opinion?

Thanks for a concise answer,

Serge

Dear Serge,

Formally, a visa for Belgium with a view to marriage is a Schengen visa type C. When submitting the visa application, it is standard practice to submit a reservation (no paid tickets!) for a return flight or other proof showing that the foreign national is able and intends to to leave on time.

However, if the procedure in Belgium goes well, the foreign national no longer has to leave Belgium. Therefore there is an exception and a return ticket is not a requirement. You will therefore not come across these for the lists of points that you must meet. The checklist of the embassy also contains this remark:

“The type of visa that we issue for marriage is a type C/Schengen visa. In general, for type C/Schengen visa, a return flight ticket is required. However, as an exception, for marriage in Belgium, a one-way flight ticket is sufficient for the Belgian authorities. As all airlines staff members are not always aware of this exception, if you have bought/want to buy a one-way flight ticket, we advise you to take contact with the airline before departure and check if they will let you board the aircraft.”

That is why I would advise you to buy a ticket (one way) only after the visa has been issued and to be sure to write to the relevant airline whether they realize that a return flight will normally not be necessary with this type of visa. When boarding, keep the email with the airline's response ready.

If the airline's staff is still unjustifiably difficult, ask for a manager with knowledge of the business. And if that also fails and the most unlikely and worst-case scenario occurs: realize that formally, the foreign national must be able to demonstrate that he has the means to leave in time to the country of origin or any other country where will be allowed. You could also book a one-way ticket from Belgium to say Turkey on the spot. Thais can (for a stay of up to 30 days) enter Turkey without a visa, so with a ticket to BKK-BRU and a ticket from the EU to Turkey you also meet the requirement of a “return or round trip”.

It will probably not work at such a speed, so with a one-way ticket, good preparation (where you and your love know the procedures and rules well) and the mail from the airline at hand, it will probably work out.

Success!

With my best wishes and greetings,

Rob V

Resources and more:

• https://dofi.ibz.be/nl/themes/ressortissants-dun-pays-tiers/regroupement-familial/visum-met-het-oog-op-huwelijk
• https://www.agii.be/thema/verblijfsrecht-uitwijzing-reizen/gezinshereniging/je-wil-huwen-in-belgie/visum-type-c-om-te-huwen-met-een-belg-of-derdelander
• https://static.tlscontact.com/media/tlsweb/be/th/tlscontact_documents_list_th2be_visa_for_marriage_in_belgium_with_belgian_or_non_eu_citizen.pdf
• Quote from the EU Schengen Visa Code, article 14, paragraph about the required documents for a regular (!) visa type C: “Documents indicating that the applicant possesses sufficient means of subsistence both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or that he is in a position to acquire such means lawfully”.