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You could ask now or once diverced the permanent residence in Belgium because you could prove you have been there longer than 5 years
Long-term resident status
EU countries must recognise long-term resident status after five years of continuous legal residence. Absences from the EU country for periods of less than six consecutive months (and not exceeding ten months in total within the five-year period) or for specific reasons provided for by national law (e.g. military service, secondment for work purposes, serious illness, maternity, research or studies) will be regarded as not interrupting the period of residence.
In order to obtain long-term resident status, non-EU nationals must prove that they have, for themselves and their family (if dependent):
EU countries may require non-EU nationals to comply with further integration conditions (such as sufficient knowledge of a national language of the EU country concerned).
EU countries may refuse to grant long-term resident status on grounds of public policy or public security.
The competent authority must take a decision on whether to grant long-term resident status no more than six months after the application is lodged. Decisions to reject an application must be notified in writing to the person concerned, in accordance with the procedures under national legislation, stating the reasons and indicating the redress procedures available and the deadline for action on the part of the applicant. Long-term residents will receive a permanent residence permit that is standard for all EU countries, valid for at least five years and automatically renewable.
Long-term resident status may be withdrawn only on certain grounds that are set out in the directive (absence from the EU territory for more than 12 consecutive months, fraudulent acquisition of the status or adoption of a measure to expel the person concerned).
Persons who have acquired long-term resident status will enjoy equal treatment with nationals as regards:
In certain cases, EU countries may restrict equal treatment with nationals with respect to access to employment and to education (e.g. by requiring proof of appropriate language proficiency). In the field of social assistance and protection, EU countries may limit equal treatment to core benefits. They are nevertheless free to add to the list of benefits in which they grant equal treatment with nationals as well as to provide equal treatment in additional areas.
Long-term residents enjoy enhanced protection against expulsion. The conduct on which expulsion decisions are based must constitute an actual and sufficiently serious threat to public policy or public security. Such decisions may not be founded on economic considerations. EU countries undertake to consider specific factors before taking a decision to expel a long-term resident (age of the person concerned, duration of residence, etc.).
The provisions of the directive do not prevent EU countries from issuing permanent residence permits on terms that are more favourable than those set out in the directive. Nevertheless, such residence permits do not confer the right of residence in the other EU countries.
This right does not depend on her its a right of you because you have been there longer than 5 years
Is speaking the language fluently a must to stay in Belgium? It looks like i can stay though, because i have been here 11 years? I do not need to work in Belgium? I can prove I have a steady income from my company based in Texas.
Thank you for your reply. I guess we can still get a divorce in Belgium if we were married in the U.S. in Las Vegas?
She insists that i have to have 400 hours of French courses and speak the language fluently, plus have a job here to stay. Under some new law they just passed. Hear anything about that?
Where is the link you mention above? Now, she says if we divorce she can force me to pay her a pension of 600 euro per month. She has all the money not me. Her boyfriend had a divorce, he is Belgian also and he was forced for awhile, until the judge threw it out, to pay her 600 euro per month. The wife was also Belgian. I am living in her house. If I move out, she will file for divorce and the authorities will eventually throw me out of the country and she will file for me to pay her a monthly payment. Her family has money, but she does not use it.
Thanks! Now the Health Care - do you know if i can keep my plan with her or that i can get another plan if we divorce. She says i am under her Health Care (becaus she is Belgian) and if we get a divorce it is finished. Because obviously the Health Care here is much cheaper than anything i can find in america at the age of 62.
Back to the pension, i support the household by takin money from my company in the U.S. She does not work and we have no children. Her family has money, so she really does not need me to support her. But she asks anyway, becuase she invested money in our business in the U.S. She owns 50% of that with me. So, she still would need to show the court that she cannot support herself. But, her family has money and quite a bit of it.
Today she tells me that the tax people in belgium called her to say that even though i have my business in America i need to pay tax here as well as america. Because i operate my company from here, but everything is based in texas. I did not think they can double tax a person? i travel back to america every few years for a month or so to check on the business.
So bascially, Belgian law states that anything we bought during the time we are married is split 50% correct? Like the car and furniture and such? What about before the marriage and anything brought into the marriage?
But under european law what is the answer? European law has the authroity over Belgian law?
can you give me a name of an attorney in belgium that speaks english possibly that handles divorce and immigration matters?
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