Did you come to Belgium through family reunification with your Belgian or European partner? Are you currently going through a separation or divorce? One question keeps coming up: will I lose my residence permit?
The answer is never automatic, but the risk is real. Here's what you need to know, in plain terms.
The principle: your residence right remains "under watch" for 5 years
When your stay was authorised on the basis of family reunification, the authorities (the Immigration Office) may, during the five years following the issuance of annex 19 or 19ter (or annex 15 if you entered with a D visa), reconsider your right of residence in several situations:
- termination of the residence right of the person you were accompanying or joining;
- departure of that person from Belgian territory;
- death of that person;
- divorce, annulment of marriage, end of partnership, or absence of cohabitation ;
- if your stay is based on the sufficient resources of the person you joined and you become an "unreasonable" burden on the Belgian social security.
👉 Good to know: in case of fraud (false documents, marriage arranged solely to obtain a residence permit, etc.), this withdrawal is possible without any time limit, even after 5 years.
Legal basis: article 40ter and article 42quater of the law of December 15, 1980 on access to the territory, residence, establishment, and removal of foreigners.
Exceptions that allow you to keep your residence permit
Fortunately, the law provides for situations in which you can keep your card, despite departure, the death of the sponsor, or divorce.
In case of departure of the spouse/EU citizen joined
You retain your right of residence if your common children are enrolled in school in Belgium, or if you have custody of them, until the end of their studies.
In case of the death of the sponsor
You retain your right of residence if:
- your children are enrolled in school in Belgium or you have custody of them until the end of their studies;
AND
- you have been residing in Belgium for at least one year;
- you are working (employed or self-employed), or you have sufficient resources and health insurance for yourself and your family, or you are part of a family already established in Belgium meeting these conditions.
In case of divorce, annulment of marriage, or end of cohabitation
This is the most common situation in practice. You can keep your residence permit if one of the following conditions is met:
The marriage, registered partnership, or cohabitation lasted at least 3 years, of which at least 1 year in Belgium, at the date of filing for divorce;
OR
the custody of the children has been granted to you, by agreement or by court decision;
OR
a visit right concerning the minor child has been granted to you, and the judge specified that this right must be exercised in Belgium ;
OR
particularly difficult circumstances require it — for example, if you have been a victim of domestic or family violence.
AND, in all cases, you must also demonstrate that :
- you are working (employed or self-employed) in Belgium, or
- you have, for yourself and your family, sufficient resources and health insurance covering all risks in Belgium, or
- you are a member of a family already established in Belgium meeting these conditions.
Legal basis: article 42quater, §§ 2 to 4, of the law of December 15, 1980.
⚠️ Attention : if none of these four alternative conditions (duration of 3 years, custody, visitation rights, difficult situation) are met, you do not fall into any legal exception — and the withdrawal of your residence permit becomes legally possible.
Advice from the lawyer
Do not wait for the divorce to act. If a separation is looming, assess your situation with a lawyer before the introduction of the procedure: the date on which it is filed is crucial for calculating the 3-year duration of cohabitation.
Gather useful evidence : employment contract, pay slips, proof of integration, children's schooling, any custody or visitation rights decision. Even if these elements do not guarantee anything on their own, they strengthen your case.
Consider, if possible, a change of status (for example, to a work permit as an employee or self-employed) while your F card is still valid. Note: this type of change generally requires a high income level, a university degree, and a highly qualified position — an option that is therefore not accessible to everyone.
In case of reconciliation with your spouse, be aware that effectively resuming cohabitation may allow you to maintain your F card, as the cohabitation condition is once again fulfilled.
Consult a lawyer specialized in immigration law at the first signs of a breakup. Each situation is different, and only an individual analysis of your case will determine your rights and possible strategies precisely.
In summary: a divorce does not automatically mean the loss of your residence permit, but it exposes you to a real risk for 5 years from the date of your family reunification application. The law provides for specific exceptions (duration of cohabitation, child custody, visitation rights, domestic violence), accompanied by a condition of economic stability. In the absence of these criteria, it is better to anticipate and seek assistance quickly from a professional in immigration law.