Question Directive 2004-38 close family visa

Bouhafa69 · 2025-07-04T17:40:14+02:00

Get guidance on the Directive 2004-38 close family visa application in Belgium, including required documents and financing details for EU citizens.

Bouhafa69 New member

Member since 04 July 2025

Bouhafa69New member04 July 2025 15:40:14

Dear forum members,

First of all thank you for your time te read and responce.

I am a dutch citizen living in Belgium. My wife is Morrocain and lives in Morocco. I have a belgium EU card and my marriage is registered in Belgium.

Now did i apply for a Directive 2004-38 close family visa true the visaonweb website. And a few points are unclear to me.

First point is financing of stay. I select other person then my wife and put my details in. There is this check mark:

Has the inviting person signed an official document with a commitment that charge will be taken and has this document been validated by the host country?

I dont know what the mean about an official document with a commitment? Do they mean a rental contract thats is registered? Or do they mean a letter of invitation that need to be legalized in belgium? Can somebody advise me on this matter?

For the rest there is a question about the documents that i need to commit at the appointment at TLScontact. At the popup screen they say i need the following documents:

Applicant:

Passport

Marriage certificate

Birth certificate

Regarding EU citizen:

Copy passport dutch

Documents evidencing the status of stay in belgium. (Do they mean copy of my Belgium Eu card?)

Documents evidencing that the EU citizen has the intention to stay during more then 3 months in Belgium. ( There is a list whereunder a renting contract)

Can i add my renting contract and prove that my rental contract is registered? Is that enought?

There are no other documents required in the pop up, do i need any financial proof to hand over? Or a letter of invitation signed and legalized?

I try to search online wich actual document i need to bring with me but its very unclear. I hope some members of this forum can help me with this matter.

Thank you in advance.

Mia0210 Active member

Member since 10 December 2022

Mia0210Active member04 July 2025 19:05:41

@Bouhafa69

Hi,

Since you are applying for a visa under Directive 2004/38/EC, EU law applies to your case 鈥� not Belgian national immigration law. This is a two-tier legal system, and under EU rules, the requirements are much simpler, the list of documents is minimal, and most importantly 鈥� this visa cannot be refused except in cases of national security threats.

However, for family members of EU citizens, only a short-stay visa (type C) is issued under this Directive. With this visa 小, your wife can travel to Belgium and then apply for residence (family reunification) from within Belgium 鈥� also under simplified EU rules.

The processing time for this type of visa is short 鈥� up to 15 calendar days, and your wife can join you in Belgium almost immediately.

Here is an of how this works

Given that, all your current questions are not applicable, because it's clear that you are filling out the wrong visa application form 鈥� you're applying for a type D visa, which is used for long-term national procedures, not for beneficiaries of the EU Directive.

What you should do instead is apply for a type C visa for a family member of an EU citizen, as foreseen by Directive 2004/38.

Once your wife is in Belgium, she can apply for a residence card from within the Kingdom.

Cheers

Bouhafa69 New member

Member since 04 July 2025

Bouhafa69New member04 July 2025 19:28:16

@Mia0210

Thank you for the fast response. I did apply for a visa type C Directive 2004/38. True the visaonweb it says *visa type: c short stay followd by Directive 2004/38. Maybe i did explain it in a wrong way. True after she arrives in Belgium i will apply for resident.

After reading your link it became clear i only need to proof true marriage certificate that we are married. Fill out a visum C聽 family member of a EU member form. And a valid passport of my spouse. Even i have the right to deposit the application straight at a Belgium diplomatic post instead of the TLS contact center. And dont need no other documents to proof anything?

Is this about right? Thank you alot for the clarification.