海角乱伦

@nikwan92

Hi,

I鈥檓 not very familiar with cross-border residency rules, so I can鈥檛 really comment on that part.

But regarding the rest:

To get the F+ card, the law says you must create a family unit for 5 years in order to receive unlimited, unconditional residence.

There are some exceptions (like divorce, death, etc.), but luckily that鈥檚 not your case.

So, you need to live in marriage or legal cohabitation for 5 years (the time is counted starting from the date on your Annex 19ter) before applying for the F+ card.

About the L card:

The law doesn鈥檛 say how long you need to work before applying for it.

But it does say you must have 5 years of uninterrupted legal stay (student years count as half).

I don鈥檛 know why the commune connected your work and the years on the F card鈥攖hese are separate things. You don鈥檛 need to work at all to have an F or F+ card, not even a single day. That鈥檚 not part of the requirements.

Still, their decision seems fair, because there weren鈥檛 enough years of 鈥渇amily unit鈥� yet. You probably wouldn鈥檛 win an appeal.

The F+ and L cards are almost the same in legal terms. There鈥檚 no big difference.

So I would recommend applying for the L card as soon as possible.

Cheers

Also, I鈥檇 like to ask:

How long did you wait for the decision about the F+ card before you got the rejection?

Did the full 5 months pass, or did you get an answer earlier?

@Mia0210

Hi,

Thanks for your reply. Appreciate it.

I certainly have more clarity about permanent residence now.

Now, regarding the family unit, as I mentioned, I was living in legal cohabitation for 1 year before I married my partner.

However, the stay was on single permit, I didn't change to F card immediately. I only asked for F card after the marriage.

Would that make mt total stay as Family unit 1 yr + 3 yrs ? If yes, how would I prove that to the commune?

Regarding L card, the reason that I don't want to apply for it is, I thought that it's almost same as F, in terms of rights and duration I can stay outside of Belgium. Also, I understood that F & L gives same work rights in other EU countries. I am not sure anymore what advantages L card will give me over F (knowing that my family would certainly stay as is ) ?

Furthermore, I was worried, if I change to L card then requesting F+ will be complicated again and that I will have to do again 5 years on F first. Maybe I am wrong on this one.

In end, my goal is to receive a permanent residence that allows me to stay outside of Belgium for indefinite period (of course if I need to be) and I can come back to Belgium anytime without losing my residence rights. However, I don't want to citizenship.

Regarding your question, I received the rejection letter via my local police station within a 3-4 weeks after applying for F+.

Happy to receive further comments or remarks from you.

Thanks!

However, the stay was on single permit, I didn't change to F card immediately. I only asked for F card after the marriage.

Would that make mt total stay as Family unit 1 yr + 3 yrs ? If yes, how would I prove that to the commune?

I believe they'd count as of 19ter, because at this date you have requested your family residence permit.

Also, I understood that F & L gives same work rights in other EU countries. I am not sure anymore what advantages L card will give me over F

Yes, both cards are giving you write to work in EU countries with some exceptions depending on the country.

In end, my goal is to receive a permanent residence that allows me to stay outside of Belgium for indefinite period (of course if I need to be) and I can come back to Belgium anytime without losing my residence rights

That wouldn't be possible. If you are not registered in Belgium, after a while you loose your card.

Regarding your question, I received the rejection letter via my local police station within a 3-4 weeks after applying for F+.

That is strange. How police even connected to this? If you just asked F to F+? Did they come to you or call you to come in police station? They gave you paper decision? Normally it is up to commune.

Mia0210 is right. For F+, the 5-year period starts from the date of your application for a residence card of a family member of a Union citizen.

L card offers superior EU mobility (up to 6 YEARs within EU) and independence, but absence limits are stricter unless you鈥檙e moving within the EU (Cannot stay in a country outside the EU for more than 1 year)

F card offers 2 years absent right moving to both EU and non-EU countries.

In end, my goal is to receive a permanent residence that allows me to stay outside of Belgium for indefinite period (of course if I need to be) and I can come back to Belgium anytime without losing my residence rights.

If you want to leave the country for indefinite period but keep the right to return, you need Belgium nationality. In this case, apply L-card now if you meet the requirements.

If you want to leave the country but in EU and stay not more than 6 years, apply for L-card.

If you don't meet the income or other requirements of L-card or you want to stay in a non-EU country for longer time (but max 2 years), wait another two years than apply for the F+ card.