Student visa duration question

On the passports, the national visas (category D visas) are stamped for 180 days. This 180 day duration is extended by the immigration office upon registration by the foreigner holding the visa.

So, when your son arrives in Belgium, he must register his stay at the local immigration office as a foreigner. Upon his registration he will receive a residency card which will state precisely that he is allowed to stay for 18 months. He must also show health insurance coverage, rental agreement and funds in bank for this period.

Please note that if your son is living in a different city and studying in a different one, then he registers at the immigration office where he is living (has residential address) and not where he is studying.

Thank you...your response was very helpful!!

Hello Sdeberg,

To ensure the stay of your son, I will add to the information that you have received because some important points are missing.

The national student of a non-Member State of the European economic area (non-EEA) may obtain a provisional residence authorization (ASP) to study in Belgium. It must to meet several conditions.

The request must be made to:
- Embassy or Belgian Consulate in the country of origin;
- City hall administration in Belgium.
- Via the Embassy or Belgian Consulate

The following documents must be provided:
-a copy of the valid national passport at least a year;
-a certificate of registration or pre-registration or admission in an educational institution organized, recognized or subsidized by the public authorities (alternatives see below in the conditions of studies);
-proof of sufficient means of subsistence;
-a medical certificate;
-an extract from police records.

Via the City hall Administration

The application can be done directly in Belgium when:
-the student is already in Belgium under the guise of a legal stay in Belgium. It must then use the procedure of "change of status". It must also be in possession of a certificate of final registration as student regular and reside actually in the territory of the municipality to which it introduced its application;
-the student can justify exceptional circumstances preventing it or making it difficult returning to the country of origin, and even temporarily. It is the procedure on basis of article 9A.

The study conditions

Studies must be either:
-in higher education of full (type short, type long, academic) provided at an establishment that is organised, recognised or subsidised by the public authorities;
-in education at reduced hours, provided that the student justifies that these studies are main activities and it's the preparation or the complement of a full education.
-by a preparatory year for education higher (such as a grade 7 special 'Science' or 'Mathematics', or a year aimed at furthering the knowledge of one national language);
-Attention: in official education of type short or long, only 1% of non-EEA students regularly enrolled are taken into account for the financing of the school. It therefore capped entries of foreigners excluding EEA not to exceed this small percentage, thereby restricting availability.
-in the teaching of social promotion, if the establishment is recognized, subsidised or organized by the public authorities and the courts are either top-level (unless it is a year followed in order to deepen the knowledge of one of the national languages);
-Attention: is meant by 'higher level language': a (Bachelor) Bachelor of social promotion corresponding to a (Bachelor) degree of higher education of full enjoyment, or a (Bachelor's) degree which is not taught in full-time higher education (diploma in optics-optometry), or training of type 'post-graduate', 'specialization', or 'development', provided that the student is a degree of graduate education or a title equivalent. In addition, graduate (Bachelor's degree) must be organized in 3 years minimum, current day, over 40 weeks per year.
- either in a private institution which provides education that has no other equivalent in Belgium in education organized, recognized or subsidized by the Government. If the student plans to do this type of study, the right of residence is not automatic. The administration will be an individual examination of the application taking into account several objective criteria.

Warning: the supplementary secondary school (currently only studies to obtain a 'patent of nurses' are organized) do not qualify for a residence permit.

Evidence of student status

The student status is demonstrated by:
-a certificate of registration as a student regular;
-a certificate of admission or pre-registration to studies;
-a certificate of registration for examination of admission;

Attention: in the latter 2 cases, within a period of 4 months of the entry into the territory, a new certificate must confirm that the student is registered as a student regular.

Health conditions

A medical certificate proving that the student is not reached serious illnesses must be produced.

The Act defines as serious diseases: tuberculosis, syphilis, other infectious or parasitic diseases contagious, addictions, coarse psycho-mental alterations.

Security conditions

The student must not be likely to pose problems of public order in the Belgium. From 21 years, it must therefore provide an extract from judicial record noting the lack of condemnation for crimes or crimes of common law, of less than 6 months and covering at least the last 5 years.

Despite this, access to the territory may be refused, if the student is particularly regarded as affecting public peace, public order or national security or if he has been deported or returned to Belgium for less than 10 years.

Financial conditions

The financial resources available, the student must be able to cover its health care, its costs of living, studies and repatriation for at least one academic year. In 2014-2015, the Foreign Office considers that a sum of € 614/month minimum is necessary.

This financial autonomy may be demonstrated either:

By a certificate stating that the student is receiving a scholarship or loan;
either by a commitment in charge, for one year or for the duration of the studies, by a person or entity Belgian or foreign, resident in Belgium or abroad;
Attention: the guarantor must have sufficient stable resources (i.e. a minimum income of €1,764 (€ 1000 + €614) + €150 per person charge.

either by own income of students (max. 20 hours per week of student, work work C excluding school holidays permits or mandatory internships);
the student demonstrates that it owns properties that generate a regular annuity, or that he has a bank account regularly stocked, whose balance is greater than 7 368 EUR (614 EUR x 12) and can be transferred to an account in Belgium. Irrevocable bank transfer authorization must be provided.

Upon his arrival in Belgium, the student must open an account and the cater regularly in a way to have net 614 EUR monthly.

The extension of the residence permit will be granted only if regular payments on this account over the past year and the sum of these payments is higher to EUR 7 368 (614 EUR x 12).

(b) the payment of a sum of money to a bank account of the higher education institution where the student is enrolled or admitted to register.

Some universities require that students pay on a bank account an amount intended to cover the first year of studies. This amount is then repaid in monthly instalments, on an account opened by the student after his arrival in Belgium.

In this case, the student shall file a certificate issued by the educational institution higher and bearing on the payment of a sum of money and his monthly repayment.

When the student arrives on site

Registration to the municipality within 8 working days of arrival.

Two possibilities:

-If the student is enrolled in an institution taken into account, he will receive a residence permit in principle valid one year. It can nevertheless have a valid for more or less than one year since it shall expire on 31 October of the year following its issue (barring rare exceptions, for example if the study cycle ends in January).

-If it provided a certificate of registration to an entrance examination, or a certificate of application for equivalence of diploma, he received a certificate of valid registration 4 months from the date of entry into the territory, pending the final enrolment in a school. Proof of this final registration must be provided before the expiry of this period of 4 months.

The renewal of the residence permit

To attend the Municipal Administration at the latest between the 45 and the 30th day preceding the date of expiry of the residence permit, i.e. in general before October 1st

The following documents must be provided:

a new certificate of regular student enrolment in an educational institution;
a certificate confirming that all examinations of the previous year were well presented, unless good cause (by examples: illness, death of a loved one, etc.) and therefore including the 2nd possible session;
proof of sufficient means of subsistence, except in the case of valid support for the duration of the studies.
The change of direction

It is necessary to justify it to the Municipal Administration. It is not advisable to "too often" change its orientation, lest his residence permit not renewed.

The refusal to renew

In some cases, the local Administration cannot renew itself the residence permit.

Including:

-When there are doubts about the administrative situation or the registration of the student;

-If the student is supported financially by a CPAS;

-If the guarantor is no longer the same;

-If the own income of the student change;

-If the student stay lasts for more than 6 years;

-etc.

The excessive prolongation of studies or the absence in the examination without good reason, almost automatically lead to an OQT.

What about in the case of denial of stay or order to leave the territory

When the residence permit is refused, an action for annulment can be introduced endeans 30 days to the Council of litigation of foreigners. This appeal is suspensive: the student cannot be away from the territory as long as it was not considered.

The student, pending a decision on the merits, then obtained a temporary stay, materialized by the document 'Annex 35 '.

If an OQT is issued for the duration of the stay, the use is the same but then must be accompanied by an application for suspension. The stay is therefore not guaranteed during the procedure.

The Federal Ombudsman may also be arrested: http://www.federaalombudsman.be/fr

Thank you! So much to consider.