Dear Customer (name blocked for privacy),
The U.S. Citizen can come to Belgium and marry you.
However when you ask the question: CAn he freely move to any Euorpean country and work, that is a different issue. What is your definition of freely.
You would have to sponsor him into the country as your spouse/partner, as any other person who marries a foreigner.
Belgium has recognized same-sex relationships for immigration purposes since 1997. A partner in a "stable relationship" with a person residing legally in Belgium may apply for a Type D visa, which allows an extended (longer than ninety days) stay in the country. The application procedure is identical for same-sex and opposite-sex relationships. The foreign partner must present:
- Proof that the other partner is a lawful Belgian resident or citizen;
- Documents proving that neither of the parties is married to someone else;
- A birth certificate;
- Evidence of the stability of the relationship;
- Evidence that the partner living in Belgium has sufficient means of support;
- A declaration of financial responsibility for the cohabiting partner signed by the partner living in Belgium;
- A certificate of good conduct;
- A medical certificate.
Belgium recognizes marriages and partnerships legally performed in other countries and valid at the national level there. Persons in such partnerships are eligible for a Family Members/Unification Visa and must submit:
- A certified copy of the marriage or partnership certificate;
- A recent certificate of good conduct;
- Evidence that the spouse is a legal resident of Belgium.
In 2003, Belgium became the second country in the contemporary world, after the Netherlands, to extend legal marriage to same-sex couples. Originally, this was only available to binational couples if the non-Belgian partner came from a country that also recognized such marriages. However, the law was later changed to allow any same-sex couple to marry in Belgium so long as one of the spouses had lived there for three months. This opened new immigration alternatives:
- A Belgian national or resident may bring a same-sex spouse into Belgium under provisions allowing family members of foreign nationality to immigrate.
- A foreign national can apply for a Type C visa, or "Visa With a View to Marry," which allows entry after certifying the Belgian national or resident's intent to marry them.
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Edward M. Johnson
