Hi Sander, the Orange Card for the family reunion procedure will automatically be the next in queue after your legal cohabitation is approved. You cannot just apply for Orange Card this way under the family reunification process. The issuance of Orange Card has no relationship if you are going to leave the country or not due to a police/immigration order. It cannot be a tool to grant you a stay if you are ordered to leave Belgium due to overstaying.

Hello Bright Star,

Any update of your document? Did you hire a lawyer? I have the same problem as you. But I got the notice to leave the country at the same time after my police interview. The police told me I’m still protected due to my cohabitation on the process.

Hi Bright Stars, I’m so happy for you that you have found a lawyer to assist you with the case and present it in a more positive light. All hopes are not lost. Do update us especially if you have positive news! That will inspire others in the same situation as you too! I wish you success!!! 🙂

Thank you so much for your advice Miss SJ. I have already contacted a lawyer. I will let you know how things go further in future. All the best!

Hi Bright Stars, one can be separated from his child when he is under arrest by the police or by a court order such as family violence. For the rest of the questions involving Belgian law and immigration issue, I won’t be able to advise because I am not a lawyer and has not encountered such incident myself. It is best to look for a lawyer to seek help on your case, rather than you feeling worried all the time which will not help to improve the current situation.

Thanks for your reply, Miss SJ. I really appreciate. My child is not yet a Belgian because my spouse is still using the F card and will be due for Nationality next year.

But my question is: Can one be separated from his child by the police whether illegal or legal?

How can I be illegal whereas my child is legal in Belgium?

I am confused because I cannot run away from my home and my child just because I am afraid that maybe something bad might happen to me.

I want to know my right in this case whether my child is a Belgian or not, at least I have a child who is legal in Belgium.

Is it in Belgium or European law to deport a father who has a child abroad leaving his child behind. Thanks.

Hi Bright Stars, sorry to hear about your situation. I would not be able to help you much for your case as the problem involved overstaying illegally in Belgium. What I strongly suggest is to get a lawyer to help you because you have a child together and better chance to overturn your case if your child is a Belgian. At this point in time, only a lawyer will know the immigration law and help you with the appropriate procedure. The lawyer will also advise you on the time length. Your case can go on for months to years, so you have to be patient in Belgium. I wish you success!

After I received another letter to go to Districtshuis Deurne on the 8th of February which was last week, I was confused about one thing. I was asked to bring the National passport but was not asked to bring a photo passport. I was so devastated to receive a negative reply on our cohabitation and asked to leave Belgium. My world came crumbling before me. I love my girlfriend so much, and we have a child of 2 years together who is legal in Belgium.

The reason for the negative decision was because I didn’t have a visa in my passport according to the report from the Immigration office. They also told us in the commune on the day of our interview that if my request of legal cohabitation turns negative, I have a right to see a lawyer for the appeal. I also have been living illegally in Belgium for 5 years now.

What do you suggest I do? Should I go and see an immigration lawyer and what’s the possibility of getting the orange card? I am so confused at this moment. I love my family and would like to work legally in Belgium and take care of my beautiful kid. I will be so glad to hear from you and thanks in advance.

Hi Berlyn,

Sorry to hear about your predicament. I have merged your 2 comments together. I am afraid I cannot help you much in your case because it involves the court decision and your immigration status in which their decision is ‘final’. Have you tried to look for an immigration lawyer due to the complexity of your case?

I have a good friend who stayed in Belgium illegally for 4 to 5 years. She found her love later. She told everything truthfully to the municipal about her illegal stay. Surprisingly, they accepted her story, allowed her to get married and gave her an F card eventually. She was lucky.

It is not about your age. It is how the municipal see your relationship with your partner in a negative light. First, you lived in Belgium illegally for many years. Then, you get married in a few months’ time after knowing your Dutch partner. These are signs of a marriage out of convenience.

Now, one year has passed after knowing your partner. Would you be able to present the case to the judge with the help of a lawyer to prove that the relationship is indeed genuine? Supply fresh evidence of how you have committed yourself to this relationship.

Firstly, you have to make sure you have a chance to appeal or reapply your marriage all over again to the municipal. The lawyer must be able to help you overturn the case. If a marriage request does not work, how about applying for legal cohabitation instead? I sincerely wish you the best of luck.