Social security agreement

The Belgian and Indian governments have initiated negotiations aimed at reaching an agreement on social security between both countries.

The agreement between both countries will prove to be significant because it will enable Indian employees to be seconded to Belgium (by means of a certificate of coverage) without being subject to Belgian social security.

It will also enable Indian nationals who have been subject to the Belgian social security regime to repatriate their Belgian benefits when returning to India.

The Indian government has requested the Laga law office to advise it on the conclusion of the pending social security agreement.

Meanwhile, a well-known Belgian website for IT-professionals has recently published an article on the employment of Indian IT-personnel in Belgium.

The article in IT Professional reports that a growing number of Indian IT workers is employed in Belgium and particularly in the Brussels region.

During the first four months of 2006, the Brussels government issued more than 250 work permits for Indian employees.

The article also quotes Employment Ministry and Social Inspectorate officials confirming abuses of business visas and breaches of Belgian rules regarding overtime and minimum wages.

Residence permit

Dear Laga,

I am a passport-holding US citizen and the partner of a Belgian resident. My partner is a professional, has residency and a type B work permit. May I, too, gain residency as his partner?

It is not feasible for me to return to the US and we would very much like to avoid costly travel and accommodations for myself. Is it at all possible to maintain residency in Belgium without leaving?

Thank you in advance for any and all information provided, it is greatly appreciated.
 
Regards,
Ms Aragones

Dear Ms Aragones,

On the basis of the information provided in your email, we understand that you are not married with your partner who is entitled to reside in Belgium.
 
According to the provisions of article 9, 3° of the Law of December 15, 1980, you can as an American citizen, apply for regularisation on the basis of cohabitation in Belgium with someone who is entitled to have his residency in Belgium for more than 3 months.
 
In order to apply for this regularisation, the following conditions should be fulfilled:

• your partner should be in possession of a valid Belgian residence card;
• you and your partner may not be married;
• you and your partner should be at least 18 years old;
• an enduring relationship (i.e. at least one year) which should be proven on the basis of reliable witnesses, a common household, invoices, etc.
• you should clearly indicate that you have a common household;
• you and your partner should effectively live together in Belgium during your relationship. You should both subscribe on the same address in the register of foreigners;
• your partner already residing in Belgium should have sufficient income (i.e. earn a net monthly income of EUR 750, increased with EUR 125 per person at charge);
• your partner already residing in Belgium should make a declaration that he will take financial responsibility;

The application should be filed with the mayor of your place of residence in Belgium. A number of documents should be joined with the application file.
 
We trust the above is adequate for your purposes.

Regards,
Lynn Bogaert

Marriage in Belgium

Dear Laga,

Could you indicate to me what the requirements are for marriage in Belgium? I am a diplomat (male) legally working in Belgium, divorced in my country (Caribbean) and would like to get married to a Brazilian national who currently resides in Brazil, but will join me here once it is possible to get married.

Regards,
Name withheld

Dear sir,
 
Further to your query, we are pleased to provide you hereby with some information as to the requirements to marry a Brazilian national in Belgium.
 
In order to be able to come over to Belgium to get married, the Brazilian national should apply for a visa type C "in view of the conclusion of a marriage" with the Belgian consular authorities in Brazil.

Please find hereafter an overview of the documents that should be joined with the application:

• the valid passport;
• a medical certificate (not older than three months). This medical certificate of the doctor abroad should be stamped by the Belgian consular authorities;
• a certificate of good conduct (issued not earlier than three months before the visa application is submitted). This document must bear the Apostille stamp and sealed by the Belgian consular authorities;
• proof that the Brazilian national has sufficient income (e.g. bank statement, salary slips). Alternatively, you could subscribe a declaration that you will take her at charge; 
• copy of the extract of the certificate of declaration for a marriage, to apply for with the commune of place of residence (note that this document may not be older than six months and 14 days);
• the legalised birth certificates of you and you future wife;
• proof that you future wife is not married. Please note that this document should be legalised;
• proof that your future wife fulfills the conditions as stated by her national law to marry (e.g. certificate of law).

We trust the above is adequate for your purposes.

Regards,
Lynn Bogaert

_______________________

28 July 2006

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga, located at www.laga.be or contactable by phone: 02 800 7000.

To have your questions answered on Expatica, you can send an email to feedback@expatica.com.

Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga.

[Copyright Laga and Expatica 2006]

Subject: Expat news