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SOME YEARS AGO WAS IN ITALY AS ASYLUM SEEKER AND THERE WAS MISTAKE IN MY NAME SPELLINGS N DATE OF BIRTH BUT BECAUSE OF MY MUM ILLNESS I WENT TO MY HOME COUNTY EMBASSY TO GET A TRAVELLING CERTIFICATE BACK, BUT WHEN I CAME BACK ALMOST 4 TO 5 YEARS NOW, BUT NOW I HAVE THE ORIGINAL CERTIFICATE OF MY BIRTH HERE IN MY HOME LAND AND I MARRIED TO A BELGIUM CITIZEN WHO IS NOW IN BELGIUM AND WANTED TO APPLY FOR VISA TO STAY TOGETHER WITH HER. WILL THIS BE A PROBLEM TO ME WHERE HAVE BEEN HERE IN MY HOME LAND FOR ALMOST 5 YEARS.

PLS HELP ME.
asked Dec 13, 2018 in Asylum proceedings by Paul K
retagged Dec 14, 2018

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Dear @Paul K,

Welcome to the Wefugees community and thank you for reaching out to us again!

I can see that you asked a very similar question before, sorry for the wait.

As another member already explained on the other thread, the case of your asylum being rejected by the Italian government is a different case than your marriage with a Belgian citizen. Even if you came back to Europe now, after 4-5 years, and applied for asylum again, there'd be a good chance it would be considered a new procedure (since you left Europe for such a long time). 

But back to your question: since you are married to a European citizen now, you can apply for family reunification! 

Here is an explanation how to do so: 

  • "If you are not from the EU/EEA or Switzerland, but your relative or partner is, you can be eligible to join or accompany them in Belgium. In general, spouses, registered partners and children under 21 of EU/EEA/Switzerland nationals are entitled to a Belgian residence permit for the purpose of family reunification.
  • However, your relative in Belgium must be registered at the local commune; this can be done on the basis of employment, looking for a job, study purposes or sufficient resources. Your relative must also have adequate health insurance and sufficient financial resources to support both themselves and you. Dependent parents (from both sides) can also join EU/EEA relatives working or looking for work but not those who are studying in Belgium.
  • When applying from outside of Belgium, you will typically need to apply for a long-stay D visa at the Belgian embassy or consulate in your home country. Then, within eight days of arrival in Belgium, you will need to register at your local Belgian town hall in order to be issued with a residence permit (F card). Under some circumstances, if you’re already legally residing in Belgium under another Belgian visa, it will be allowed to apply at your local Belgian town hall. Your residence card is valid for five years and renewable."

(https://www.expatica.com/be/visas-and-permits/Moving-to-Belgium-to-join-a-relative-or-partner_107646.html#EUFamilyVisa)

There is more information on what you need to do on this website from the Commissioner Brussels: http://www.commissioner.brussels/i-am-an-expat/residence-formalities/non-ue-citizen/79-residence-formalities-non-ue/86-family-reunification

Also, there is a long list of all the necessary documents you will need to take to the Belgian embassy in your home country and the documents you need from your spouse (especially the marriage certificate)! 

Once you have all of that, you should be able to join your wife in Belgium. 

I hope the information I shared here with you helps to answer your questions. Please feel free to reach out to the community again if you need further assistance.

All the best,

Isa

answered Dec 14, 2018 by Isa
PLS SIR THANKS VERY MUCH.
SO IT MEANS MY MISTAKES ON MY  APPLICATION DETAILS (NAME SPELLING MISTAKE) BEFORE IN ITALY WILL NOT AFFECT ME ON MY RÉUNION VISA APPLICATION TO BELGIUM PLEASE?
Hey Paul K, since it is a whole new process - the marriage, and applying for family reunion - your previous asylum case shouldn't affect it. This time you are not applying for asylum, but making use of your right to reunite with your family. That is how I understand it. Maybe @Nilab can add anything?
THANKS SIR I MUCH APPRECIATE YOUR HELP. ANY QUESTION I WILL RESPECTIVELY ASK FOR HELP.
Dear @Paul K, @Isa has already layed down all the relevant informations and I cannot add anything to it. Good luck! Best regards, Nilab
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