Our expat legal eagles respond to your queries regarding a U.S. citizen married to a French citizen, parents working for a foreign embassy and a couple seeking fiscal/tax/administrative advice.

Re: living/working in Belgium

Dear Laga,

I am a U.S. citizen married to a French citizen, and we will be moving to Belgium in September 2007.  I read your 28 June 2006 response to a woman in a similar situation, which was very helpful.  I wrote to the Belgian consulate in New York before finding this response and asked about the need for a visa or work permit. They responded that a visa was not necessary, but once in Belgium & after registering at the commune, I would have to ask an employer to apply for a work permit for me.

I learned from your response last June that it is not actually necessary in my case, according to a Royal Decree of 1999.  My question, then, is how will I be able to prove my employability to a company, university, etc, if they have outdated information (such as the consulate's)?  Would my temporary residency card be sufficient evidence that I can take up work & that I am married to an EU/EEA citizen?  Are employers generally savvy about the rights of spouses/partners of
EU/EEA citizens?

Thanks!

Molly Hurley Depret


Dear Molly

Please find hereby the answer:

"You are indeed exempted from the need to be in possession of a work permit as long as:

A) you are married to an EU-national
B) you are living together at the same address in Belgium

Most employers are aware of this rule, and if they would not believe you, you can always refer to the Royal Decree (Article 2, 1°) or ask the employer to give me a call".

Best regards,

Matthias

_______________

Re: Belgian Citizenship Enquiry


Dear Sir/Madam


I have a question. If I was born in Belgium, whilst my parents worked for a foreign embassy, am I entitled to apply for an EU passport?

Thankyou

Ayal


Dear Ayal,

A foreign national who was born in Belgium will be eligible for Belgian nationality if:

A) he/she is born in Belgium and has no other nationality;
B) he/she is born in Belgium and has lost his/her other nationality
before the age of 18;
C) he/she is born in Belgium, and at least one of the parents, who has a foreign nationality and was also born in Belgium, has been living in Belgium for at least 5 of the 10 years perceding the birth in Belgium;
D) he/she is born in Belgium and the parents have submitted a equest for Belgian nationality for their child before the age of 12.

If the foreign national complies with one of the above mentioned rules,
he will indeed be entitled to the Belgian nationality.

Best regards,

Matthias

____________

Re: fiscal/tax/administrative advice

Dear Editor

We are a German/Dutch couple that is in the process of buying a property in Brussels and would need fiscal/tax/administrative advice from an expert who knows both the Dutch and the Belgium system.

Could you please indicate us some names/companies as soon as possible.

Bettina Geiken

Dear Bettina

I have passed on your request to matthias and Lyn at LAGA.

Good luck.

Paul Morris
Editor, Expatica Belgium

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 2007]
Subject: Expat news