Belgium Route

[carlos30]

I will be travelling to Belgium and found employment and accommodation. Once their can i apply for my non EU spouse straight away and what will be the next process once she has got her visa and is over in Belgium with me. Would i just register her and the apply for the 5yr residence card. She would be coming on a schengen short stay visa under EU directive 2004/38. The residence card takes 6 months to receive a reply but she only gets 3 months on the schengen visa. Will they give her a temporary stamp so she can stay till we get a decision on the 5 years residence card. To apply for the 5 years residence card how long would i have to have worked in Belgium to be considered as exercising my treaty rights.

[noajthan]

I will be travelling to Belgium and found employment and accommodation. Once their can i apply for my non EU spouse straight away and what will be the next process once she has got her visa and is over in Belgium with me. Would i just register her and the apply for the 5yr residence card. She would be coming on a schengen short stay visa under EU directive 2004/38. The residence card takes 6 months to receive a reply but she only gets 3 months on the schengen visa. Will they give her a temporary stamp so she can stay till we get a decision on the 5 years residence card. To apply for the 5 years residence card how long would i have to have worked in Belgium to be considered as exercising my treaty rights.

Sounds like you are on the right track.

Spouse can accompany you if you wish rather than join you later.

Once established & exercising treaty rights (eg working) in Belgium you can shoot for a RC for your spouse.

(Not sure about temporary stamps in Belgium but in UK or Eire you would get a temporary stamp/COA etc so presumably it's similar).

[carlos30]

Was looking at spouse to join me in belgium instead of accompany me. To get the 5yr RC i would have to wait for a decision that has to be made within 6 months. But the spouse visa is only 3 months. Their would be a way to extend the visa.

[noajthan]

Was looking at spouse to join me in belgium instead of accompany me. To get the 5yr RC i would have to wait for a decision that has to be made within 6 months. But the spouse visa is only 3 months. Their would be a way to extend the visa.

Once you start exercising treaty rights your non-EEA spouse can continue to reside with you.
(You would hopefully have a temporary stamp or certificate having filed your RC application).

Some useful background info to be found here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf