Separation or Divorce from EU National Partner

A divorce or separation from an EU National brings particular immigration issues if the one party does not hold EU nationality themselves. However, following recent EU Judicial rulings, it is possible for the spouse to remain in Belgium AFTER the separation or divorce. The same solution arises upon the death of the EU National partner. This decision is based largely on the notion that it is considered unfair and prejudicial for the non-EU partner to be forced to leave the country simply because of a separation from their partner.

There are some conditions, though:

- You must have been married 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. However, there are no firm rules. The situation would be influenced by whether:

the child (or children) are resident in the EU; AND
the other partner (i.e. not the applicant) does NOT have custody.

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.