Non EU citizen divorced from EU citizen seeks advice

[sksherman]

I am a US citizen recently divorced from a dual US-Italian citizen. We had two children (5 and 7) who are also dual US-Italian citizens. My ex-wife is moving to Brussels for work - we share custody of our 2 children. Our US divorce settlement allows both parents equal access and parenting rights to the children, and we share legal custody. I want naturally to also move to Brussels, but wonder under which rules I may do this? I work independently as consultant, frequently overseas and can show documentation that I will not be a burden on the state. My main reason to move to Brussels is to be close to my children and maintain my parental connection to them. I maintain UK residency, but am unsure if this counts for anything in Belgium.
Many thanks for any suggestions or advice.

[Wanderer]

I am a US citizen recently divorced from a dual US-Italian citizen. We had two children (5 and 7) who are also dual US-Italian citizens. My ex-wife is moving to Brussels for work - we share custody of our 2 children. Our US divorce settlement allows both parents equal access and parenting rights to the children, and we share legal custody. I want naturally to also move to Brussels, but wonder under which rules I may do this? I work independently as consultant, frequently overseas and can show documentation that I will not be a burden on the state. My main reason to move to Brussels is to be close to my children and maintain my parental connection to them. I maintain UK residency, but am unsure if this counts for anything in Belgium.
Many thanks for any suggestions or advice.

How did u gain UK residency?

[sksherman]

Through marriage, long dissolved.

[republique]

Through marriage, long dissolved.

It seems to me you can get UK citizenship. Not that you have to but I think it would make things more smooth for you.
However, overall I have found that if you want to rent a place in another country, people who have been well established here can pretty much do it and do not necessarily get a resident permit.
I don't know if Belgium has a similar permit as the UK regarding right to access to a child and I have heard of another permit which is like crossing borders visa which requires you to leave after 6 days, meaning 1 day a week you must not be in the country or it is felt you should have a resident permit. Thus, I'd contact the belgium embassy in london and ask them what are the possibilities.

[Prawo]

Have you been living with your wife in an EU member state (excluding Italy)?
If so how long?
If longer than 5 years, you can get long term EU residenceship yourself and move to any EU member state under EU rules and not being dependent on family ties.

Would it be an option to do co-parenting in Brussels or one of the children formally living with you and the other one with your wife?
If so you can apply a residency in Brussels under EU law, following the Chen ruling of the EU Court in Luxembourg.

[sksherman]

Thanks for all your advice, much appreciated. Apparently I need to return to the US to make a visa application before I can live in Belgium to be with my children. Sounds a bit harsh, not to mention expensive, but I guess immigration rules demand it. Thanks again

[sakura]

Thanks for all your advice, much appreciated. Apparently I need to return to the US to make a visa application before I can live in Belgium to be with my children. Sounds a bit harsh, not to mention expensive, but I guess immigration rules demand it. Thanks again

Unfortunately we cannot provide much advise because you haven't given us much information regarding your stay in the UK;
How long have you lived in the UK, and are you still there? If so, do you have ILR/PR?

[sksherman]

I have had ILR in the UK since 1991, but have been in and out of the UK since that time, the longest continuous residence for about 4.5 years 91-95, with another residence, some 7 years later for another 3 years. The Belgian consulate in NY, however, tells me that any UK ILR or residency permission in UK means little in Belgium, because the UK is not a signatory to the Schengen convention.

[sakura]

I have had ILR in the UK since 1991, but have been in and out of the UK since that time, the longest continuous residence for about 4.5 years 91-95, with another residence, some 7 years later for another 3 years. The Belgian consulate in NY, however, tells me that any UK ILR or residency permission in UK means little in Belgium, because the UK is not a signatory to the Schengen convention.

I believe you qualify for naturalisation as a British Citizen, which would solve all your problems. Have you checked to see if you fulfill the requirements? Why have you not naturalised so far? (You would certainly not lose your US citizenship, if that's what you have been thinking!) Once a British Citizen, you can move freely to Belgium without need for a visa or any other such formalisations.

[sksherman]

It's an idea, and I have looked into it in the past, some years back but the way I read the HO requirements I did not qualify as I did not have continuous residence previous to applying for citizenship (3 or 5 years, but I need to re-check that). I will look again at the UK HO website and see if requirements have changed!