Death of EU Spouse

The death of a spouse with EU Nationality brings particular immigration issues. Without a valid visa, the surviving spouse would be required to leave the country. However, following recent EU Judicial rulings, it is possible for the spouse to remain in Belgium AFTER the death of their partner. This ruling is based largely on the principle that it is considered unfair and prejudicial for the surviving non-EU partner to be forced to leave the country simply because of their partner's death.

There are some conditions, though:

- the marriage must have lasted for at least 3 years; AND
- You must have spent at least 1 of those 3 years in Belgium.

If you have had children under the age of 18, the principle remains the same. In such a case, the nationality of the child would be a factor and whether it has residency rights in Belgium.

Because this solution is based on the outcome of a judicial case from the EU Courts, it is not entirely straightforward. The engagement of an Immigration partner is recommended.