Domestic violence and family reunification

Domestic violence in the context of family reunification: how can you keep your residence permit?

Domestic violence has existed since the dawn of time, all over the globe. Unfortunately, Belgium has not been spared from this scourge, which all too often still befalls foreign women. Isolated, often without support, and faced with language and cultural barriers, these women find themselves in particularly difficult situations. Slowly but surely, Belgian law is making progress in protecting women who are victims of domestic violence, particularly those who have come to join their loved ones as part of a family reunification program.

In this article, we review the conditions you need to meet to benefit from the protection provided by law, and share some practical information with you.

Keeping your residence permit despite separation

Vous vous demandez si vous pouvez garder votre carte de séjour si vous quittez votre conjoint à cause de violences intrafamiliales ? La réponse est oui, sous certaines conditions.
Qu’entend-on par violences intrafamiliales ? Il s’agit de toute forme de violence physique, psychologique, sexuelle, économique et administrative exercée au sein de la famille. Ces violences peuvent avoir des effets dévastateurs sur la santé mentale et physique des victimes.

How do you recognize violence?

Violence can take many forms. Violence is far from being limited to physical blows. It's also important to know that certain types of violence can be cumulative. Among the most common types of violence are :

Psychological violence is a set of behaviors, words, actions and gestures designed to undermine the psychological or mental integrity of others. Such violence directly attacks the identity, self-esteem and self-confidence of the person subjected to it;
Verbal violence is the most frequent form of violence, and is closely linked to psychological violence. The perpetrator uses his or her voice as a weapon, either in the words spoken or in the tone used;
Physical violence , which consists of any act that causes bodily harm or is likely to cause bodily harm, where the perpetrator uses his or her own physical strength or external objects to subdue the victim. The perpetrator may also fail to provide assistance to a victim in danger, or even commit homicide;
Economic violence , which consists of any act that leads to the victim's financial/material dependence or insecurity, thereby encouraging her isolation. The perpetrator may also incur debts or abuse the victim's financial resources;
Sexual violence consists of any sexual act, attempt to obtain a sexual act, comment or advance of a sexual nature intended to impose one's own desire on another, without the latter's consent.

Coercive control is a form of violence

Coercive control is when one partner gains the upper hand over the other, using psychological tactics to manipulate and coerce. Simply put, the aggressor forces his partner to behave in a certain way to get what he wants. These behaviors may seem insignificant at first, but when you look at them in their entirety, you realize that they violate the victim's fundamental rights, such as freedom, dignity and security. Coercive control is based on two main strategies: coercion and control.

Coercion focuses on thecumulative and often invisibleeffect of tactics used by the aggressor to get what he or she wants immediately. For example, the aggressor may create a climate of insecurity and constant doubt, use intimidation to frighten and control, or resort to threats of violence or serious consequences. Other techniques include denigration, which involves constantly putting the other person down to undermine his or her self-confidence, and harassment, which involves assailing the other person with incessant demands or criticism. Finally, humiliation, whether in public or private, is used to degrade and keep the victim under control.

What conditions must I meet to keep my residence permit?

Victim of domestic violence : you must prove that you are a victim of domestic violence
Non-European : this protection only applies to non-Europeans.
Type of residence permit: you must have an electronic residence permit, an A card or an F card.
Family reunion: you must have reunited with a Belgian, European or non-European family member holding an unlimited residence permit.

The conditions cannot therefore be considered to have been met if the person you have joined has come to work on a single permit, or if he or she has been a refugee for less than five years, for example. You will therefore not benefit from the protection described in this article if you have joined a non-European with a limited residence permit. But don't give up hope: depending on your situation, humanitarian regularization is still possible.

Procedure at the Aliens Office

To keep your residence permit, you need to be transparent with the Aliens' Office and inform them of the situation. In other words, you must :

1. Officially inform the Aliens Office

Pour informer l’Office des étrangers en cas de violences conjugales, vous pouvez envoyer un mail à [email protected]. Alternativement, vous pouvez envoyer un courrier recommandé à l’adresse suivante :
Office des Étrangers,Service Regroupement familial – violence,Boulevard Pachéco 44,1000 Bruxelles.

2. Attach the necessary proofs to your e-mail or letter

To begin with, there's the personal information the Office needs to identify you correctly. We're talking about your name, your address (whether official or current) and your national register number.

Next, the Office must also collect information on the perpetrator of the violence. It's important to know his or her name, address and other relevant details.

Last but not least, you need to provide the Foreigners' Office with as much evidence of domestic violence as possible. This may include court judgments, letters from the public prosecutor, official reports, complaints, medical certificates attesting to physical and/or psychological violence, or reports from shelters. This evidence is essential if the Office is to grant you the protection you need.

Wallonia

1- Vie Féminine (Namur)

2- Solidarité Femmes (Liège)

3- La Maison Plurielle (Charleroi)

Brussels

4- Praxis (Brussels)

5- Garance (Brussels)

6- Femmes Prévoyantes Socialistes (FPS) (Brussels)

Flanders

7- CAW Antwerpen (Antwerp)

8- Vzw Zijn (Ghent)

9- Het Open Poortje (Leuven)

Payoke (Antwerp)

What happens after the Aliens Office has been notified?

The Office des Étrangers may ask for further information or evidence, but rest assured that they will not contact the perpetrator of the violence. However, they may try to contact you by post. If you're in a "transitional" period of your separation, it's best to have your mail redirected to another address to ensure that the perpetrator of the violence doesn't destroy or hide your mail.

The Foreigners' Office will carry out a residence check (via a neighbourhood officer) if you do not inform them of your situation on your own initiative. If you are not present when the officer visits, explain your absence and provide proof of the violence within 15 days. Of course, the best thing to do is to inform the Office yourself, as this way there will be no checks.

You keep your residence permit during the procedure.

You keep your carte de séjour while the Office des Étrangers examines your file. If your card expires during the procedure, don't panic, you'll receive an annexe 15 which allows you to remain legally resident and work.

The Board has no deadline for its decision, so... be patient!

Schengen visas

Long-stay visas

[email protected]