If you wish to join your spouse, partner or EU citizen family member in Belgium, the Netherlands or Luxembourg, the first step is to check whether you need a visa and which procedure applies to your situation. Where Directive 2004/38/EC applies, eligible family members benefit from specific arrangements for entry.
In this guide to visas for family members of EU citizens in the Benelux, we explain who can benefit from this framework, which documents to prepare and how to arrange your subsequent residence if you intend to stay. We also explain the particular features of the type C visa in Belgium, the Netherlands and Luxembourg.
Need to know which procedure applies to your family? Request a consultation with Arthur & Marin and tell us your nationalities, your family relationship and your destination country.
Does the Directive apply to my particular situation?
Before preparing a visa application as a family member of an EU citizen travelling to the Benelux, check whether your situation falls within the Directive and whether you need a visa. This table will help you identify the relevant points.
| Situation | Framework to examine | Decisive point |
|---|---|---|
| Non-EU spouse of a Spanish woman moving to Belgium | Directive 2004/38/EC | Prove the marriage and that the spouse is accompanying or joining her |
| Family member of a French citizen residing in the Netherlands | EU framework if the person falls within an eligible family category | Prove the family relationship and the French citizen’s circumstances |
| Spouse of a Portuguese woman who works and resides in Luxembourg | EU framework | Identify the correct entry procedure and the subsequent residence procedure |
| Unmarried partner of an EU citizen | Facilitation and national law | Prove a durable relationship under the rules of the destination country |
| Mother or father of an adult EU citizen | EU framework if dependent | Prove genuine material dependence |
| Family member of a Belgian in Belgium or a Dutch citizen in the Netherlands who has not exercised free movement rights | In principle, national law | EU citizenship alone does not make the Directive applicable in a citizen’s own country |
| Family member of a Luxembourg citizen in Luxembourg | Equivalent treatment under Luxembourg law | Distinguish this national extension from the Directive’s cross-border application |
| Family member returning with an EU citizen after they lived together in another Member State | Possible derived right on return | Examine their actual residence and family life in the other State |
| Person married to an EU citizen who travels alone without joining them | Marriage alone does not trigger facilitated entry | Check separately whether the person is already exempt from the visa requirement |
The common legal basis is Directive 2004/38/EC, particularly Articles 2, 3 and 5. We specialise in identifying when an application depends on an EU citizen’s exercise of free movement rights and which rights are recognised under European Union law.
Do I need a visa to join my EU citizen family member?
Before booking a consular appointment, check whether you actually need a visa. Not having the nationality of an EU country does not, by itself, mean that you must apply for a visa to travel to Belgium, the Netherlands or Luxembourg. The answer depends first on your nationality and on whether you already hold a residence card as a family member of an EU citizen issued by a country in the Schengen Area. Depending on the document and the circumstances of your journey, you may be exempt from applying for a new entry visa. The EU’s official guide to travel documents for non-EU family members can help you check this.
💡 For example, a person may be exempt from the visa requirement to enter Luxembourg but still need to apply for a residence card there if they wish to live with their EU citizen spouse for more than three months.
That is why, when we review a case, our first question is not “Where can we get an appointment?” but “Do you need a visa, and what will you need to do after entering?”
Should I apply for a family visa for the Benelux?
The term Benelux refers to Belgium, the Netherlands and Luxembourg. However, for immigration purposes, there is no single or joint visa for these three countries. As they are part of the Schengen Area, where a family member needs a visa and their situation falls within Directive 2004/38/EC, they should apply for a type C entry visa through the applicable procedure. The application must be submitted to the consulate or embassy of the main destination country. This destination is determined by the main purpose of your journey or by where you will spend most of your stay.
💡 A practical example: If your flight lands in Amsterdam (the Netherlands), but you will travel immediately to Brussels (Belgium), your main destination is Belgium. In this case, the Netherlands is only your point of entry into the Schengen Area. Belgium is therefore the “competent” country—the one authorised to process and approve your visa—and the application should be submitted to its authorities.
These rules on consular jurisdiction apply equally to entry procedures for Belgium, the Netherlands and Luxembourg.
Can I apply for a visa to live with an EU citizen family member?
The right to family life in the European Union covers both short holidays and a move to establish residence. Even if the family member intends to remain in the country, they must first apply for a short-stay visa. The European Commission states that these beneficiaries should be directed towards a short-stay visa, without being required to obtain a long-stay visa as a condition for settling there.
Entering a country is not the same as residing there. This process has two distinct stages. The entry visa and the residence card serve different purposes. Obtaining a visa does not, by itself, establish a right to reside for more than three months. If you wish to settle in the country, you will need to establish your right of residence and complete the relevant procedures.
The second stage begins once you arrive. To live there for more than three months, the EU citizen must show that they can support the family financially. If they do not work, the law requires proof of sufficient resources and health insurance. The non-EU family member has three months from arrival to apply for a residence card with the local authorities. This will allow them to live in the country in the longer term.
💡 A practical example: Imagine a French citizen who is already working in Luxembourg while her Colombian husband remains in Colombia. From the outset, they will need to prepare both his type C entry visa application and the documents to be submitted in Luxembourg for his residence application.
⚠️ A point to bear in mind: This system applies when the EU citizen exercises their right to free movement, meaning that they live in a country other than the one of which they are a national. If, instead, a Spanish citizen wishes to bring their partner to live in Spain, the EU Directive will not apply. Spanish national immigration law, which has different requirements, will apply.
Unmarried partners and other family members
Directive 2004/38/EC distinguishes between the family members covered by Article 2(2) and the people whose entry and residence must be facilitated under Article 3(2). The spouse belongs to the first category. A registered partner may also fall within it where the law of the host Member State treats the partnership as equivalent to marriage (the facilitation route).
💡 How can you prove a durable relationship? Evidence may include living together, a shared address, a child together, travel, contact maintained over time or other shared responsibilities. The key is for the evidence to explain the history of the relationship: when it began, how it has continued and why both partners wish to reunite or settle in the destination country.
The same need to identify the correct category arises for other family members. A parent applying as a dependent direct ascendant must prove that dependence. Other family members may fall within different circumstances, such as needing care for health reasons. Each route requires different facts to be explained and appropriate documents to be provided.
Travelling to Europe with children
When a minor child travels to join an EU citizen family member, the birth certificate is the starting point. Besides proving parentage and checking whether the child needs a visa, it is important to establish who has parental responsibility and with whom the child will travel.
For a holiday or visit, it may be necessary to prove that the person with custody authorises the journey. There is no single parental authorisation required in the same way throughout the European Union. The rules of the country of departure, destination and, where relevant, transit must therefore be checked. It is also advisable to ask the airline which documents it requires for boarding.
By contrast, if the child intends to settle in Belgium, the Netherlands or Luxembourg, it is usually necessary to provide the other parent’s agreement or a court decision concerning custody. The specific requirements depend on the family’s circumstances and the destination country. Consider a mother moving to Belgium with her daughter to live with her EU citizen spouse, while the child’s father remains in the country of origin. Before arranging their entry, they will need to review the parentage documents, custody decisions and scope of the father’s consent. Where the move affects custody or the parents disagree, the International Law implications must also be examined before the journey is arranged.
Comparing the procedures in Belgium, the Netherlands and Luxembourg
Although these three countries are neighbours and apply the same EU law, each organises its procedures differently. The sections below explain each country’s approach.
Belgium and the type C visa marked BNL 11
In Belgium, the process begins with an application for a short-stay visa, known as a type C visa. If a family member of an EU citizen applies for the visa, the authorities add a specific marking, “BNL 11”. In Belgium, whether the visa is free depends on the family member’s category. Family members covered by Article 40bis of the Law of 15 December 1980 are exempt from visa fees. By contrast, those applying under Article 47/2, such as unregistered partners who have proved a durable relationship and certain other family members, must pay visa fees. There may also be costs for translation, legalisation, external services or legal assistance.
The Netherlands and the type C visa
The Netherlands accepts spouses and stable partners who can prove a relationship of at least six months, as well as dependent family members. Once the applicant is in the Netherlands, the immigration service, known as the IND, must verify whether they have a right of residence under EU rules. This assessment is known to be thorough and can take up to six months. During that period, the authorities place a provisional endorsement in the passport which, in some cases, permits the holder to work legally.
Luxembourg and its national rules
Luxembourg treats family members of its own citizens in the same way as those of other EU citizens. The facilitated type C visa is free. Once in Luxembourg, the applicant has three months to apply for a residence card at the local municipal administration. Issuing the residence card can take up to six months. While the application is being processed, the acknowledgement of submission does not replace the card and does not, by itself, serve as a document allowing the holder to travel and return to Luxembourg.
Finally, in Luxembourg, it is important to pay attention to the language of the documents. If they are not in French, German or English, Luxembourg will require sworn translations. For unmarried partners, the country allows the relationship to be proved in various ways, including evidence that they have lived together, have a child together or have other supporting documents.
Documents to prepare for a type C visa application
The application file should establish the applicants’ identities, their family relationship and the purpose of their journey. The documents required for submission must then be added.
| Part of the file | Usual documents | What to check |
|---|---|---|
| Identity | Applicant’s passport and EU citizen’s identity document | Names and personal details match |
| Family relationship | Marriage certificate, birth certificate or registered partnership certificate | The documents establish the relationship between the people concerned |
| Travel and reunion | Itinerary and explanation of the journey | Destination and dates are consistent |
| Durable relationship | Evidence of living together and of how the relationship has developed | Dates and continuity of the relationship |
| Dependence | Documents concerning the family member’s needs and resources | Why the support is necessary |
| Children | Documents concerning parentage, custody and any relevant authorisations | Whether the journey is a visit or a move to establish residence |
| Submission | Correct form, photograph and documents required for the appointment | Instructions issued by the relevant country and consular post |
This arrangement should be adapted to each country and to the formalities of the consulate or embassy handling the application.
Translations and apostilles
Before arranging translations or legalisations, identify the country that issued the document, the receiving authority and the type of certificate. Under Regulation 2016/1191, certain public documents issued in one EU Member State and presented in another are exempt from the apostille requirement. In some cases, a multilingual standard form can remove the need for a translation. For more information, see the guide to getting public documents accepted in the EU.
When must financial dependence be proved?
Financial dependence is not a general requirement for visas issued to family members of EU citizens. Whether it must be proved depends on the family relationship on which the application is based. If the applicant is the EU citizen’s spouse, they do not need to show that they are financially dependent on them. Nor is this required of the EU citizen’s or their spouse’s children or other direct descendants under the age of 21.
By contrast, dependence must be proved where the application is based on being a dependent direct ascendant, such as a parent, or a dependent direct descendant aged 21 or over. A birth certificate proves the family relationship, but the need for financial support must also be established. Being “dependent” means that the family member needs that support to meet their needs in their country of origin. Evidence may include records of money transfers, payments of expenses and documents showing their income or pension. The documents should explain why the support is needed:
💡 For example, a pension may be insufficient to cover food, housing and medication.
Finally, this dependence should not be confused with the requirement to prove that an applicant has sufficient funds for an ordinary tourist visa.
Living and working in the Benelux after obtaining a visa
Reuniting with your family is the first step towards building a life in Belgium, the Netherlands or Luxembourg. It is therefore advisable to prepare for residence from the start of the visa application. This allows you to anticipate the documents needed and reduce the risk of difficulties.
What do you need to stay for more than three months?
Where Directive 2004/38/EC applies, residence for more than three months depends, among other things, on the circumstances of the EU citizen you are joining. For example, if they are not economically active, they will normally need to show that they have sufficient resources and adequate health insurance. If the EU citizen works as an employee or is self-employed in the host country, they do not need to demonstrate those conditions.
Can you work while your residence card application is being processed?
Article 23 of the Directive gives family members who have a right of residence access to employment and self-employment. However, it is important to check which document the authorities issue in each country. A visa, on its own, does not directly authorise work or satisfy any applicable professional formalities. If you wish to be self-employed, you should also coordinate your residence status with professional registration, social security and the structure of your business. Our guide to setting up a company in Belgium as a foreign national covers the main points to consider.
What if you want to live in one country and work in another?
In the Benelux, family and professional plans often involve more than one country. However, a family member’s residence card issued in Belgium does not automatically grant the right to settle or work in the Netherlands or Luxembourg. A change of residence or cross-border employment requires an examination of the applicable conditions. When the EU citizen moves for a job offer, it is also advisable to examine their tax obligations and, if they meet the conditions, the Belgian inbound taxpayer regime.
Has your visa been refused or are you waiting for a decision?
A refusal or delay can disrupt your plans and prolong your separation from your family. Before submitting a new application or sending further documents, it is important to identify what is holding up the case and what steps can be taken.
Visa refused, should I appeal or submit a new application?
The first step is to review the decision alongside the documents submitted. You should check whether the authorities consider the evidence insufficient, reject the application of Directive 2004/38/EC or rely on a legal ground for restricting entry. If a document is missing, you will need to consider how to provide it. If the problem is that requirements for an ordinary tourist visa have been applied to an application covered by the EU framework, it may be necessary to challenge that interpretation.
Submitting the same application again without addressing the reason for refusal may lead to the same problem.
Deadlines require attention. For example, where the decision was made by the Netherlands, the stated period for lodging an objection is four weeks, starting on the day after the decision is notified. Always check how the deadline is calculated, which authority is responsible and how the decision was notified, especially if a consulate representing another State was involved.
💡 Keep the decision, proof of when you received it and a copy of your application file. Do not assume that an email to the consulate or an informal request for reconsideration suspends the time limit for challenging the decision.
No decision yet, what can you do about a delay?
If your application is still pending, check when it was submitted, what acknowledgement you received, whether further documents were requested and when you responded. This information helps establish the applicable timeframe and assess whether to request information, ask for a decision or consider other steps. If there are urgent circumstances, document and explain them clearly. If a dispute raises a question about the interpretation of the Directive, a national court may, where appropriate, refer a question for a preliminary ruling. We explain this route in our article on access to the Court of Justice of the European Union.
💡 Has your visa been refused, or is your application still unanswered? Send us the refusal decision and the date it was notified to you or, if your application is still pending, proof that you submitted it. Request a review of your case.
Practical examples of families moving to the Benelux
The following examples illustrate common situations for families wishing to reunite in Belgium, the Netherlands or Luxembourg. They show which issues need to be examined and how to prepare for entry and residence according to each family’s circumstances.
A French woman moves to Brussels with her Dominican husband
She is French and is starting a new job in Brussels. Her husband remains in Santo Domingo, but they both want to make their home in Belgium. In this situation, it is advisable to prepare from the outset for his entry and subsequent residence as the spouse of an EU citizen. The application must establish their marriage and show that he will join her in Belgium. The Belgian visa will be a type C visa marked BNL 11. Legal advice can help coordinate the consular application with the subsequent procedures at the municipality so that he can remain in Belgium after entering. The certificates must be reviewed, the necessary formalities checked and both stages prepared.
A French citizen and his unmarried partner move to the Netherlands
He is French and has been in a relationship with a woman for two years. They have lived together for eight months and want to move to Utrecht. Their main question is whether they need to marry to live together. The absence of a marriage does not, in itself, rule out the Dutch family route. However, they will need to prove that their relationship is durable. A tenancy agreement, address registrations and shared responsibilities can help show the stability of their life together. A preliminary review helps select the evidence and present a detailed timeline and explanation. The aim is to allow the authorities to assess the relationship on the basis of a coherent, well-documented application.
A Portuguese woman brings her mother to Luxembourg
A Portuguese woman lives in Luxembourg and provides financial support to her mother, who remains outside the European Union. She wants her mother to live nearby and is arranging her move. When the application is based on the mother’s status as a dependent direct ascendant, the need for support must be proved as well as the family relationship. If the mother receives a pension, it will be necessary to assess whether it covers her basic needs.
Organising the mother’s income, expenses and money transfers helps explain why she needs support and makes it easier to assess her family circumstances.
The flight lands in Amsterdam, but the family will live in Belgium
A family finds a convenient flight to Amsterdam and plans to continue by train to Ghent, where they will join the EU citizen. Should they apply for a visa through the Dutch or Belgian authorities? The airport of arrival does not, by itself, determine which consulate must process the application. The main destination must be identified, and the family journey explained through a coherent itinerary. In this example, the arrival in Amsterdam should be considered alongside the onward journey and the family reunion in Belgium.
💡 Do you recognise your situation in one of these examples? At Arthur & Marin, we examine your family’s plans, identify the applicable procedure and help you prepare the documents needed for entry and residence. Contact us to find out what steps to take and how to arrange your move to the Benelux.
What are your application’s prospects? Type C visa statistics
The European Commission publishes Schengen visa statistics by country and consulate, with data series dating back to 2009 and 2025 figures published in May 2026. These figures show the volume of applications and the decisions made. However, a consulate’s overall refusal rate does not represent the likelihood of success of your application. An application covered by Directive 2004/38/EC must be assessed under its specific conditions. Although refusal rates vary between consulates, applicants cannot freely choose where to submit their applications. The competent consulate is determined by the travel destination and the rules linked to the applicant’s place of residence, taking into account any representation agreements between States. More favourable statistics do not justify applying through a different consulate.
💡 A legal review before submission can identify gaps and allow them to be addressed. No assessment can guarantee that a visa will be granted, but it can identify the strengths of your application, the issues requiring attention and the documents you should prepare.
How can we help with your family visa and residence?
| Your situation | What we can do for you |
|---|---|
| You do not know which visa or procedure you need | Examine the nationalities, family relationship, country of residence and destination to determine whether you need a visa and whether EU rules or national law apply. |
| You want to prepare your application from the outset | Draw up a list of documents tailored to your case, review certificates and check which translations or legalisations are needed. |
| You need to prove your relationship or a family member’s dependence | Select and organise the evidence, explain the history of the relationship or document the need for financial support where required. |
| Your application requires legal arguments | Prepare a written submission explaining why Directive 2004/38/EC applies, which family category is relevant and how the documents establish that the requirements are met. |
| The consulate has requested further documents | Review the request, identify what needs to be established and prepare a response within the deadline. |
| Your application remains unanswered | Reconstruct the procedural history, check the time limits and assess the steps available to request a decision. |
| Your visa has been refused | Review the decision and the application submitted, identify the deadlines and assess whether to challenge the decision or prepare a new application. |
| You want to stay after entering | Review how to establish your status if you wish to work or start a professional activity. |
For cases involving the Netherlands, Luxembourg and Belgium, we define the scope of our advice and preparatory work from the outset. If action before local authorities or courts is needed, we assess the appropriate representation and, where necessary, coordinate with a professional authorised to practise in that country.
Take the first step towards reuniting with your family in the Benelux
Your plans for family life deserve careful preparation from the start. If you want to join your partner or an EU citizen family member in Belgium, the Netherlands or Luxembourg, Arthur & Marin can help you identify the appropriate route, prepare the documents and coordinate the visa application with the subsequent residence procedures. If you have already applied and received a request for further documents or a refusal, or are still waiting for an answer, we will review your case to assess the available steps and protect any applicable deadlines. Request a consultation to learn how to begin your family’s move.
Contact us by email at info@arthurmarin.com or call +32 465 34 53 45. We will assess your situation and propose assistance tailored to your needs.
Frequently asked questions (FAQ)
Do I need a visa if I am married to an EU citizen?
Marriage alone does not determine whether you need a visa. Your nationality, any residence documents you already hold, and whether you are accompanying or joining the EU citizen must be checked. If you need a visa and your situation falls within Directive 2004/38/EC, you may use the relevant facilitated procedure.
Can I apply for this visa if I intend to live there?
Yes. Where the EU framework applies, the purpose of the journey may be to establish residence with the EU citizen. If you need an entry visa, you should explain this intention in your application. After arriving, you will need to complete the procedures to document your right to reside for more than three months and show that you meet the applicable conditions.
What is a type C visa marked BNL 11?
It is a type C entry visa issued by the Belgian authorities with this marking when they accept an application under the relevant family procedure. It is not a residence card. If you wish to settle in Belgium, you must subsequently apply for residence through the competent municipal authority.
Can I join my partner if we are not married?
A route may be available to partners who can prove a durable relationship, although the requirements and evidence depend on the destination country. It is important to check whether the partnership is registered, how long you have been together and which documents show your life together.
Do I have to prove that I am financially dependent on my EU citizen family member?
A spouse does not have to prove financial dependence to access the facilitated visa procedure under the Directive. Nor is it required, under this category, of direct descendants under the age of 21. By contrast, dependence must be proved where the application is based on being a dependent direct ascendant or a dependent direct descendant aged 21 or over. This evidence is separate from any financial conditions that may apply to subsequent residence.
Is the visa free?
The Directive provides for visas to be issued free of charge to eligible family members covered by Article 2(2). For partners in durable relationships and other family members whose entry must be facilitated, the rules applicable in each country must be checked. An exemption from consular fees does not mean that translations, legalisations, external services or legal assistance are free.
How long does the process take?
The time needed to obtain an appointment, receive a visa decision and apply for a residence card after entry must be considered separately. To plan your journey, you need to check the country, the consular post and the current stage of your application.
Can I work while waiting for my residence card?
Family members who have a right of residence under the Directive have the right to work as employees or be self-employed. While the application is being processed, it is important to check how that right can be demonstrated and which document the competent authority issues. A visa, considered on its own, does not establish that all the requirements for starting work have been met.
Can I apply at whichever consulate has the earliest appointment?
Appointment availability does not allow you to choose a consulate freely. The main destination of the journey, your place of residence and any representation agreements between States must be considered. An application submitted to an authority that is not competent may be rejected.
What if my family member is Belgian, Dutch or Luxembourgish and lives in their own country?
EU citizenship does not, by itself, make the Directive applicable in the country of which that person is a national. National rules and possible return situations following the exercise of free movement rights must be examined. Luxembourg also provides equivalent treatment for family members of its own citizens, so each country requires a specific assessment.
