Seeking advice on F to F+ Card

nikwan92 New member

Member since 05 April 2018

nikwan92New member09 June 2025 17:10:07

Hi everyone,

I鈥檇 really appreciate your advice or insights on my situation.

I鈥檝e been living and working in Belgium for 6 years now. The first 3 years were on an A card, and then I got married to an EU citizen (Czech). She held an E card at the time, but her status later changed after marriage as she became dependent on me.聽 Since then, I鈥檝e spent 3 years on an F card. Moreover, out of these total 6 years, 1 year in between and before the marriage, we were living in legal cohabitation, but my residence was A card.

After completing 5 years in total (last year), I applied for the F+ card at the 1000 Brussels commune with all the necessary documents and proofs. However, the application was rejected. They said that I have only completed 2 years on the F card and didn鈥檛 take my earlier stay (on the A card) into account. I considered contesting the decision, but it seemed too time-consuming, involved legal costs, and I wasn鈥檛 fully sure about the rules.

Some public law consultants told me I could apply for an L card instead, but I didn鈥檛 find that very useful since, in my view, there鈥檚 not much difference between the F and L cards. My main goal isn鈥檛 nationality, but the F+ card, so I can keep my Belgian residency even if I need to work abroad for over a year.

Now, regarding working abroad鈥擨 have two potential cases:

Moving outside the EU. OR

Working in the EU but outside Belgium (for example, in Luxembourg).

From what I understand, if I live near the border in Belgium, I can keep my F card and work in Luxembourg without issues, as long as I meet the tax/residency obligations. Is that correct?

Also, I鈥檝e found conflicting information about the F+ eligibility:

Some sources say you need 5 years of total legal stay (regardless of card type).

Others say only years on the F card count, meaning I鈥檇 need to wait 5 years just on the F card.

Does anyone know what the actual rule is?

Is there any better route I could take in my case, or do I just need to wait until I鈥檝e completed 5 full years on the F card? And for the working-abroad situation, does my understanding seem right?

Thanks a lot in advance for any help or suggestions!

Best regards,

Nik

Mia0210 Active member

Member since 10 December 2022

Mia0210Active member10 June 2025 06:42:55

@nikwan92

Hi,

I鈥檓 not very familiar with cross-border residency rules, so I can鈥檛 really comment on that part.

But regarding the rest:

To get the F+ card, the law says you must create a family unit for 5 years in order to receive unlimited, unconditional residence.

There are some exceptions (like divorce, death, etc.), but luckily that鈥檚 not your case.

So, you need to live in marriage or legal cohabitation for 5 years (the time is counted starting from the date on your Annex 19ter) before applying for the F+ card.

About the L card:

The law doesn鈥檛 say how long you need to work before applying for it.

But it does say you must have 5 years of uninterrupted legal stay (student years count as half).

I don鈥檛 know why the commune connected your work and the years on the F card鈥攖hese are separate things. You don鈥檛 need to work at all to have an F or F+ card, not even a single day. That鈥檚 not part of the requirements.

Still, their decision seems fair, because there weren鈥檛 enough years of 鈥渇amily unit鈥� yet. You probably wouldn鈥檛 win an appeal.

The F+ and L cards are almost the same in legal terms. There鈥檚 no big difference.

So I would recommend applying for the L card as soon as possible.

Cheers

Mia0210 Active member

Member since 10 December 2022

Mia0210Active member10 June 2025 06:45:05

Also, I鈥檇 like to ask:

How long did you wait for the decision about the F+ card before you got the rejection?

Did the full 5 months pass, or did you get an answer earlier?

nikwan92 New member

Member since 05 April 2018

nikwan92New member14 June 2025 20:25:18

@Mia0210

Hi,

Thanks for your reply. Appreciate it.

I certainly have more clarity about permanent residence now.

Now, regarding the family unit, as I mentioned, I was living in legal cohabitation for 1 year before I married my partner.

However, the stay was on single permit, I didn't change to F card immediately. I only asked for F card after the marriage.

Would that make mt total stay as Family unit 1 yr + 3 yrs ? If yes, how would I prove that to the commune?

Regarding L card, the reason that I don't want to apply for it is, I thought that it's almost same as F, in terms of rights and duration I can stay outside of Belgium. Also, I understood that F & L gives same work rights in other EU countries. I am not sure anymore what advantages L card will give me over F (knowing that my family would certainly stay as is ) ?

Furthermore, I was worried, if I change to L card then requesting F+ will be complicated again and that I will have to do again 5 years on F first. Maybe I am wrong on this one.

In end, my goal is to receive a permanent residence that allows me to stay outside of Belgium for indefinite period (of course if I need to be) and I can come back to Belgium anytime without losing my residence rights. However, I don't want to citizenship.

Regarding your question, I received the rejection letter via my local police station within a 3-4 weeks after applying for F+.

Happy to receive further comments or remarks from you.

Thanks!

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Mia0210 Active member

Member since 10 December 2022

Mia0210Active member21 June 2025 16:41:43

However, the stay was on single permit, I didn't change to F card immediately. I only asked for F card after the marriage.

Would that make mt total stay as Family unit 1 yr + 3 yrs ? If yes, how would I prove that to the commune?

I believe they'd count as of 19ter, because at this date you have requested your family residence permit.

Also, I understood that F & L gives same work rights in other EU countries. I am not sure anymore what advantages L card will give me over F

Yes, both cards are giving you write to work in EU countries with some exceptions depending on the country.

In end, my goal is to receive a permanent residence that allows me to stay outside of Belgium for indefinite period (of course if I need to be) and I can come back to Belgium anytime without losing my residence rights

That wouldn't be possible. If you are not registered in Belgium, after a while you loose your card.

Regarding your question, I received the rejection letter via my local police station within a 3-4 weeks after applying for F+.

That is strange. How police even connected to this? If you just asked F to F+? Did they come to you or call you to come in police station? They gave you paper decision? Normally it is up to commune.