Coming from UK to BE as a non-EU national married to BE

[Maria G]

Hi, I am married to a Belgian for several years. We have lived and worked together in UK for two and a half years. When I arrived in UK I got a UK residence card for family members of EU nationals. We have recently moved to Belgium which is his home country, and I went to the commune to sign up. The communal administration is now asking me to provide documents that are necessary when a Belgian reunites with somebody outside the EU such as a certain income, social security and so on. Considering that we have excercised the right of free movement in another EU country are the rules applicable to our case the same as for somebody that never left Belgium and is reunting with a third country national? I.e. Is there anyway we can request EEA rules for entering Belgium instead of Belgian national law?

Thanks in advance

[acme4242]

Yes, you are fully entitled to be treated under EU law, as you are returning
from another EU state after living and working there.
see
http://eumovement.wordpress.com/2007/04 ... ional-law/

For more general information on Belgium and Freedom of movement rights
please see
http://ec.europa.eu/justice/doc_centre/ ... udy_en.pdf

http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf

[Directive/2004/38/EC]

Hi, I am married to a Belgian for several years. We have lived and worked together in UK for two and a half years. When I arrived in UK I got a UK residence card for family members of EU nationals. We have recently moved to Belgium which is his home country, and I went to the commune to sign up. The communal administration is now asking me to provide documents that are necessary when a Belgian reunites with somebody outside the EU such as a certain income, social security and so on. Considering that we have excercised the right of free movement in another EU country are the rules applicable to our case the same as for somebody that never left Belgium and is reunting with a third country national? I.e. Is there anyway we can request EEA rules for entering Belgium instead of Belgian national law?

What exactly are they asking you for?

In most cases they should not be asking you for anything other than proof that your Belgian partner was working in the UK. They can also ask for your two passports and your marriage certificate.