Can You Work in Belgium with a Portuguese TRC and a Portuguese Partner Holding a Belgium Residence Card?

Can You Work in Belgium with a Portuguese TRC and a Portuguese Partner Holding a Belgium Residence Card?

With the EU's principles of freedom of movement, it’s essential to understand the specific regulations and requirements when moving to Belgium while holding a temporary residence card (TRC) from Portugal and living with a Portuguese partner who has a Belgium residence card.

Understanding the EU Freedom of Movement for Family Members of EU Citizens

Belgium participates in the EU's freedom of movement policies, allowing its citizens and certain family members to live and work in other EU countries. However, Portugal's TRC does not serve as a primary validation for your right to work in Belgium. It mainly helps in the initial stages of your journey, such as being able to enter Belgium without an additional visa. You can claim the right to work in Belgium based on your partner's Belgian residence card, as long as you meet other criteria set by Belgian authorities.

Legal Requirements for Working in Belgium

Non-married individuals seeking to live and work in Belgium when their partner is already a resident need to present additional evidence. The most common requirement, in this case, is either a registered partnership or evidence of a stable, long-term relationship. Stable, long-term relationships are generally considered to include proof of at least one year of continuous living together, regular contact, and co-residency.

Getting a TRC in Belgium

Upon moving to Belgium, you will need to get a temporary residence card (TRC) from the Belgian authorities. This process involves submitting the necessary documentation to the local municipality or the immigration office, presenting evidence of your relationship, and sometimes undergoing an interview or a background check. Employers in Belgium will also require your TRC before they can legally employ you.

Consulting Belgian Authorities for Guidance

Given the nuanced and context-dependent nature of these regulations, it's advisable to consult with Belgian authorities directly before making any significant moves. They can provide tailored advice and guidance on the specific requirements you need to fulfill. Additionally, they can help you understand any potential changes in regulations and how they might affect your situation.

Conclusion

Short answer: Yes, you can generally live and work in Belgium with your Portuguese partner who holds a Belgium residence card. However, you must comply with additional legal requirements and obtain your own TRC from Belgian authorities, including proof of a stable relationship or registered partnership. Always verify the latest information with the relevant Belgian authorities to ensure compliance with all regulations.

Frequently Asked Questions

Q: Do I need to get a TRC from Belgium before working?

A: Yes, while your partner's residence card may give you the right to be in Belgium, you still need to obtain your own TRC from Belgian authorities to work legally. This card will be the proof of your right to reside and work in the country.

Q: How long must I be in a stable relationship to qualify for work in Belgium?

A: You generally need to have a stable, long-term relationship of at least one year with your partner who holds a Belgium residence card. Proof of this relationship can include cohabitation, regular communications, and shared life experiences.

Q: Can I rely solely on my Portuguese TRC to work in Belgium?

A: No, your Portuguese TRC does not grant you the right to work in Belgium. You need to obtain your own TRC and provide the necessary documentation to prove your relationship to live and work legally in Belgium.