How to Obtain Certificate of Good Conduct?

No criminal record certificate and better known as Certificate of Good Conduct in Belgium. The French name is ‘Extrait de Casier Judiciaire’ whereas, the Dutch name is ‘Uittreksel uit het Strafregister’. For US citizens, the term is FBI Clearance. Other term includes Certificate of Clearance (COC).

It is a certificate attesting that an individual has no criminal record found or any criminal conviction recorded in his/her country. This copy is usually required to be presented to the Immigration Department overseas when an individual wants to work, stay, form a family unit and get a residence permit.

The processing time varies from days to weeks in different countries and the method of application (online/in-person). There might be an administration fee and a queue for obtaining the Certificate of Good Conduct.

The commune did not ask me for this certificate but may ask for it later. Nevertheless, I submitted it as part of my “proof of documents”. I want to increase my chance of getting the Residence Permit F Card.

Again, the need for submission differs between cities or from person to person. Even if someone from the same commune is not asked for this Certificate of Good Conduct, it does not mean that you will get the same exemption.

The Certificate of No Criminal Record has to be submitted within 6 months from the date of issue.

Getting Certificate of Good Conduct in Your Home Country

You can get this certificate from the Federal Police or Authority concerned in your country. State the reason for your request. First, you have to request a ‘Letter of Introduction’ from the Belgian Embassy in your home country. Then, submit the letter to the local Police when introducing your application. The Police may take your fingerprints later.

Getting Certificate of Good Conduct in Belgium

Some people come to Belgium hoping that the Authority will not ask for it. Some arrive without knowledge that they may require it later. If the need arises, one can apply a Certificate of Good Conduct later to the State Police Department in their country. One can lodge the application online, by post or by fax depending on how it works in the country.

The lifting of fingerprints may be part of the requirement. One can obtain them from the Police Department in Belgium or the Embassy / Consulate. Mail the hard copy of your fingerprints to the State Police in your country.

This is a guideline. You have to check the actual procedure with your State Police or department concerned. Still, the most convenient way is to get the COC in your home country before arriving in Belgium.

Other Advantages of Possessing Certificate of Good Conduct

» For jobs involving domestic work

Children and elderly care such as au pair, babysitter, childcare, caregiver, housekeeping and teachers require the applicant to possess a Certificate of Good Conduct of criminal record clearance for the past 5 years. So, if you are planning to look for one of these jobs, please remember to bring the Certificate of Good Conduct.

» For the benefits of your future job

If you have no criminal record in your home country, use it to your benefit for your employment. The Certificate of Clearance is a good character reference for your prospective employers or any other unforeseen circumstances. Should your future boss ask for it, you can produce without hesitation.

What is Legalisation?

Legalisation is the process of checking the origin of the document and certifying it to be authentic for use in a foreign country. Depending on the legalisation treaty agreement between Belgium, the country involved and the type of documents concerned, it will determine whether the applicant requires legalisation or an apostille.

In Belgium, civil status certificates such as birth certificates, death certificates, marriage certificates and divorce certificates need to go through the process of legalisation for use in declaring a legal cohabitation.

I grouped the Certificate of Celibacy and Birth Certificate in the same blog post as both documents require legalization. Submit the legalised documents within 6 months of issue. If the submission exceeds six months, an applicant has to offer an explanation to the Authority.

Make a quick check at the Belgian Foreign Affairs, Foreign Trade and Development Cooperation. It will tell you if the document in your country needs legalisation.

How to Legalise Documents in Your Country?

Please do not reverse the procedures below as it is not an option which action goes first. The legalisation process is the same regardless of the country.

The legalisation at the Belgian Embassy cost €20 per copy and is payable in cash upon submitting the documents. If you legalise them in your country, you pay the amount in your local currency after the currency conversion. The endorsement in the Ministry of Foreign Affairs is chargeable too at a small fee.

What is an Apostille?

It is a certificate of 15 cm pasted onto another document and embossed with a government seal. The top of the certificate indicates the word “APOSTILLE”. The bottom fields provide the certificate number and the relevant information. No further legalisation is necessary when the document bears an apostille stamp for overseas use. A picture tells a thousand words. Click to see a sample image of an apostille.

Sworn Translators in Belgium

If the official document is not drawn up in these four languages – Dutch, French, German and English, a sworn translator has to translate to the language used by the region where one resides. One can do the translation in his country, Belgium or use an online service. Personal experience: Sworn translation done in Europe might be more expensive than in one’s country.

A sworn translator is one who takes an oath to the court of law. A sworn translation is a legalised document performed according to the legal requirement. It has to represent a true and accurate interpretation of the original certificate. Here is a list of sworn translators in Belgium that can perform the sworn translations in various languages.

If you are already in Belgium and have a choice, choose a sworn translator close to where you live or work. You may have to show the sworn translator the original copy of the document for verification.

The important document might get lost in the post. We want to avoid it especially when a copy such as the birth certificate is impossible for me to obtain in Belgium. The processing time is also faster if you can meet the person rather than using traditional mail.

Certificate of Celibacy

There are a few names for this certificate – Unmarried Certificate / Marital Status Certificate / Single Status Certificate / Single Status Affidavit / Certificate of No Record of Marriage / Certificate of No Impediment etc.

Well, they all mean the same thing. That is to prove that one is single and unmarried. The Belgian State requires the foreign applicant to be unmarried. He/She must also not link with any registered partnership when declaring a legal cohabitation.

Every municipality will ask for this Certificate of Celibacy which reflects a “No Record” of marriage before declaring a legal cohabitation. The commune will take the duplicate copy and pass you back the original copy after verification.

Divorcees ought to produce a Divorce Certificate. For widow/widower, submit the death certificate of the former spouse. Do not forget to legalise these certificates too.

Birth Certificate Extract

The Embassy of Belgium in Singapore advised me to bring along a Birth Certificate Extract to Belgium. The commune did not ask me for my birth certificate throughout the process. However, there are many people out there who have to produce a Birth Certificate. The best bet is to bring this copy with you to Belgium.

Check with your Embassy in Belgium whether you can get this Birth Certificate or Certificate of Celibacy in Belgium. That is if you are not planning to bring them along or do not already have them in Belgium.

Usually, one can only obtain an extract of the Birth certificate in the home country. Try and bring them from your country before coming over to Belgium. Consequently, you can avoid the risk of not getting one when the commune asks for it.

I stayed in France for one year in 2014 under a student visa. I made a mistake by not bringing the Birth Certificate with me to France. Confidently,  I felt having a passport was good enough for everything. In France, the emphasis to submit a Birth Certificate for buying national health insurance is strict and non-negotiable.

I stayed in two different cities, Nantes and Paris and tried my luck at three different insurance offices. I was hoping that someone would close one eye and let me buy the national health insurance. Foolishly, I ended up not being able to purchase the national health insurance in France for the whole year.

What if I do not have a Birth Certificate and am not able to get one in my country?

In this instance, the partner residing in Belgium can check with the commune whether a birth certificate is necessary for submission. Ask for an alternative solution before the foreign partner comes to Belgium.

Another method is to send an email to the Belgian Immigration Office (and commune) to receive a reply to the question. I sent an email to the Belgian Immigration Office in 2014. They did reply to me back.

Having a reply in black and white is better than getting different answers verbally from people working in the commune or other unreliable sources. The foreign partner can also seek assistance from their town council in their country to give a letter of verification or any other official document that can help them.

Bijlage 3 bis/Annexe 3bis

For legal cohabitation purposes: When applying for a Type C Short Stay Visa of not more than 90 days in Schengen, one requirement of the Belgian Immigration Office is to ensure:-

d) the documents indicating that you have sufficient personal means of subsistence, both for the duration of your stay on the SCHENGEN territory and for the transit to a third country in which your admission is guaranteed, or a commitment that charge will be taken (Annex 3 bis).

Sufficient Personal Means of Subsistence

On the other hand, the French and Dutch language of the Belgian Immigration Office site provides more detail. The applicants have to prove that they can take care of themselves financially for three months in Belgium.

The reference amount is €45/day when one stays with an individual and €95/day in a hotel. So, using a simple calculation, the applicants should have at least €4,050.00 if they live with someone for 90 days. In addition, one has to produce the supporting documents: –

1. • recent bank statements indicating movements over a certain period (at least the past three months), and/or
   • a credit card and a bank statement corresponding to that card, and/or
   • cash in a convertible currency, and/or
   • traveller’s cheques, and/or
   • payslips (at least the last three months), and/or
   • an attestation of employment, and/or
   • a supporting document attesting that charge will be taken and/or accommodation with an individual.

» Financial Preparation Tips

Very complicated, isn’t it? Ok, maybe I did think too much. I was not sure if the authority would ask me to show proof of my bank statement later. I also wondered how much money was considered enough to stay for more than 90 days?

Consider the following measures as part of the financial preparation before going to Belgium:-

Usually, the last three months’ bank statement is asked. If there is a reflection of an influx of money in the recent bank statement, it may look suspicious. So far, I have not read or heard much about people asking to show proof of their bank statements. I prefer not to show my bank statement. It is rather sensitive to show others your assets. We decided to go for the second option with “a commitment that charge will be taken”.

Pledge of Financial Support

The official website states it as another alternative to providing “sufficient personal means of subsistence”. As a result, I did not have to prepare my financial statement at all. Everything seemed so easy and took away part of my stress then. It is an advantage for the partner in Belgium to submit this Bijlage/Annexe 3bis form. Indeed, it is a practical method to demonstrate the authenticity and strength of the relationship.

Bijlage/Annexe 3bis (a.k.a 3a) is a Formal Obligation form that is a pledge of financial support for the foreigner. This form is valid for a maximum of 2 years. The foreigner, also referred to as the third-country national if he/she does not come from an EU country.

The guarantor or the sponsor has to commit to the Belgian State with a letter of guarantee to account for the cost of health care, accommodation and repatriation of his/her non-European partner while living in Belgium.

» Mail Bijlage / Annexe 3bis to Foreign Partner

After the legalisation of the Bijlage/Annexe 3bis form by the commune, take a photograph or photostat the copy before mailing it over to the home country of the foreign partner.

I recommend using registered mail to prevent lost documents during transit. In the event of loss, there is still a tracking form from the post office. Furthermore, the duplicates created by photos and paper are proof that the partner in Belgium has already processed the application.

» At the Arrival Airport of Europe

Do not place this document in the check-in luggage at the departure airport!

At the arrival airport of Europe, it is important for the foreign partner to carry this Bijlage/Annexe 3bis form during an immigration check. The Customs Officer at the control gate may ask to show proof and intention of staying in Belgium/Europe.

For a one-way ticket holder, especially when a passport holder does not need to apply for a Schengen travel visa, this is the only document that one can explain the unique circumstance to the Customs Officers.

The Bijlage/Annexe 3bis form states clearly – “to be submitted by the third-country national during checks at the external borders”.

There is a likelihood that the customs would ask the women from non-EU nationalities to show proof of their return air ticket and accommodation at the checkpoints of Europe. Isn’t the statement obvious?

Who can be a Guarantor / Sponsor?

With a duly completed Formal Obligation Form printed on both sides of the paper, attach the following documents below and submit it to the commune for approval:

• Last 3 months payslips
• Income tax assessment
• A document from Government Body stating the gross or net income

The processing time taken by the commune to approve this document is 4 to 5 weeks upon submission. For me, my boyfriend only submitted the last three months of his payslip with the Bijlage/Annexe 3bis Form. It took four weeks to process.

Types of Formal Obligation Forms

» Annexe 3bis Form – Purpose of Family and Friends Visit

The validity of this pledge of financial commitment is valid for a maximum of two years on the duration of stay with the foreigner. However, one has to produce the Bijlage/Annexe 3bis within 6 months following the date of the legalisation by the commune to be effective. After the dateline, this form is rendered invalid as proof of sufficient means of subsistence for the foreign partner involved.

Bijlage 3 bis (PDF) / Annexe 3bis (PDF)

» Annexe 5 Form – Pledge of Support for Cohabitation

Do not mix up Appendix 5 with Appendix 3bis required to declare a legal cohabitation. It is for information only. Annexe 5 is a letter of guarantee for cohabitants living under the same address taken care of by the Belgian citizen or a legal foreign national residing in Belgium. Both have already obtained a right to stay and remained in Belgium under Article 11 – Removal of Aliens. This commitment is valid for 3 years/an unlimited period.

» Annexe 32 Form – Pledge of Support for student

The Annexe 32 form is a letter of guarantee for foreign students wishing to study in Belgium.

Conclusion

It is in the best interest of everyone to apply for an Annex 3bis Formal Obligation Form. Even if the foreign partner is financially self-sufficient, use it as a good reason for showing the Customs Officer at the arriving airport.

Travel Visa C and Long-Stay Visa D: Legal Cohabitation

The Belgian Immigration Office website in Belgium states the following statement:

The visa ‘with a view to declaring a legal cohabitation in Belgium’ is a C type visa (Schengen visa).

Before arriving in Belgium, I was regularly referring to the Belgium Embassy website of Singapore. In one of its pages – List of Requirements, it states that Long Term Visa Type D is required to form a Family Reunion with a Belgian or any other nationalities residing in Belgium. Whereas, Type C Visa is just a travel visa for a short-term stay of not more than 90 days.

Type C and D Visa: Which is the Correct Visa to apply for Legal Cohabitation?

I was terribly confused back then. Which was the correct type of visa to apply for legal cohabitation with my Belgian partner? As a Singapore passport holder, I do not have to apply for a Type C Travel Visa to enter into Schengen Area. Then, does it mean that I have to apply for a Visa D for my legal cohabitation?

Furthermore, the reply that my boyfriend received from Stadhuis was rather vague. The staff told him that I need a “special” type of visa for cohabitation purposes. Hence, the answer was no clarification to my frustration.

Nevertheless, a visit to the Embassy of Belgium in Singapore confirmed that it was not possible to do a Type D Visa for my legal cohabitation purpose. As a result, they advised me to travel straight to Belgium and apply for the cohabitation process there.

I thought I was the only one being confused. Later, I discovered that there were some other people told to apply for a Type D Visa too. They were confused too and started to ask questions in the forum.

Type C Visa to Declare Legal Cohabitation in Belgium

Passport holders of nationalities who do not need a Schengen visa can go to Belgium directly. They can start the cohabitation process immediately bringing along the relevant documents. Type C (Multiple-Entry) is a short-term travel visa for a maximum of 90 days’ stay within 180 days period in the Schengen Area. Applicants who want to join their partners in Belgium may need to apply for a Schengen Type C Visa in their home country before coming to Belgium.

How to Fill in the Schengen Visa Application Form

If you need help to fill in the Schengen Visa form for those that need to apply, please refer to the video below for instructions.

Video Length: 6m 30s

Non-EU Citizen Who Wants To Join Non-EU Citizen

Brussels Commissioner states that the non-EU citizen living in Belgium must be the holder of a residence permit with a limited stay period (A card) or with an unlimited and permanent stay period (B, C, D card). However, in the last case, the B, C, or D card must have been issued for at least 1 year except for certain specific cases.

One Way / Single Trip Air Ticket

For less than 90 days of travel, two standard Schengen visa requirements are return air tickets and proof of accommodation at the destination. It is rather common for the customs officers at the airport checkpoints to ask Asian women several questions. They inquire about the intention of the travel and ask to see some proof. Even if the person has a visa-free entry to Schengen, she is not spared from the scrutinization.

I have a 99% hit rate of such examples over the past ten years while travelling to Europe. One good example was in Sweden. An officer asked me for my Swedish friend’s mobile number. Without hesitation, he called my friend to verify whether I was genuinely meeting him. **Faintz**.

My passport is exempted from applying for a Type C Visa. Consequently, I would not have a visa sticker to show the reason for my travel. This round, I purchased a one-way ticket to Belgium for declaring a legal cohabitation. My consideration was the inability to show proof of my return air ticket or accommodation if the customs officer asked.

To solve this problem, my boyfriend sent me a Bijlage 3 bis Formal Obligation form by registered post. This form is a commitment to Pledge of Financial Support for a foreigner staying in Belgium. I could show it to the customs officers if they asked for proof. Plus, the Annexe 3bis form bears an official stamp by the commune.

What is a Type D Visa?

Type D Visa is a long-term visa that permits the holder to stay in Belgium for more than 90 days for the purpose of studying, working or residing permanently in one of the Schengen countries. Type D visa holders shall return to their country once they have fulfilled their objective.

Also called a national visa, the holder of Visa D can travel or stay in another Schengen country. The duration is 3 months maximum within a period of 6 months with a valid passport. The visa has a maximum validity of one year and is renewable on a case by case basis.

The applicants must present themselves within six months not exceeding the date stated inside the visa. There is a processing fee of € 180 for a Type D Visa. It is payable directly into the bank account of the Belgian Immigration Office.

If a couple has already registered their marriage or civil partnership in another country, the foreign partner would apply for a Type D Visa to come to Belgium.

Another reference source from the Belgian Refugee Council (CBAR-BCHV). It states that a Type D visa application is for family reunification of a recognised refugee in Belgium who has not obtained a Belgian nationality yet. When a refugee receives his Belgian citizenship, a Type D Visa application is not applicable in his case anymore.

General Schengen Information

Note that the Schengen State Members consist of 26 countries whereas, the European Union has 28 countries. Passport holders of the countries below DO NOT NEED a travel visa to enter into Schengen Area for a stay not exceeding 90 days.

Last Update: November 2018

The European Union Explained

If you want more information about the European Union, please check out the video.

Video Length: 5m 50s

More Information about Belgium Visa Application Requirements.