草榴社区

@Blueskii

Hi,

I'm really sorry you're going through this鈥攕adly, it's something that happens way too often with communes in Belgium.

You're right: when it comes to the L card, the law clearly says that if no decision is communicated to the commune within 5 months after you received Annex 16bis, then the application is considered automatically approved. That means the Immigration Office (DVZ) is no longer in charge of your case鈥攊t鈥檚 already approved by default because no rejection was issued.

Now it鈥檚 the commune鈥檚 responsibility to take the next step and order your L card. Unfortunately, many communes don鈥檛 do this鈥攕ometimes because they don鈥檛 know the rules, and sometimes (sadly) because they have a negative attitude toward foreigners.

But it鈥檚 really important that you stand up for your rights. You are now considered a long-term EU resident, and that status comes with many rights鈥攊ncluding the right to get your card issued once the 5 months are over.

Calling and emailing often doesn鈥檛 help, because there鈥檚 no legal proof. If you ever take legal action, for example in court, they can easily claim you were just asking about the weather or next year鈥檚 carnival.

So what you should do now is write an official request demanding the immediate issuance of your L card. You can write it yourself or ask ChatGPT to help. Include a copy of your Annex 16bis showing the submission date. In your letter, refer to the legal texts:

Titel I, Hoofdstuk IV Verblijfswet (regarding long-term EU residents)

Titel I, Hoofdstuk III Verblijfsbesluit (which clearly outlines the deadlines)

Again, this is not DVZ鈥檚 fault鈥攂y not giving you a negative decision, they鈥檝e actually approved it by default. So this complaint needs to go to your commune鈥檚 complaints department.

Send your letter by registered post, or bring it in person to the reception (no appointment needed). Once your complaint reaches the right person (the "klachtenbeheerder"), you鈥檒l likely be invited quickly to apply for your L card.

Good luck and remember, don鈥檛 let local staff who misuse their position or just don鈥檛 want to help stop you from accessing your legal rights. Belgium is still a democratic country with strong institutions. The law is on your side.

Hello @Mia0210,

Thanks a lot for your reply鈥攊t鈥檚 really helpful.

I didn鈥檛 know the 5-month mark meant DVZ was no longer involved, so that definitely clears things up. I鈥檒l go ahead and prepare a formal letter like you suggested and send it to the commune.

Appreciate you taking the time to explain things so clearly.

@Blueskii

Normally when they receive your application they should make an appointment to 5 months + 1 day later from the application date. From here what we understood that not all the communes are working in same manner.

May i ask if which commune was?

@maharaji1984

I鈥檓 in BXL 1000. I finally got through to the non-EU department on the phone last week. They insisted that I have to wait for a document from the immigration office and said they won鈥檛 provide anything until then. They still haven鈥檛 replied to any of my emails.

@Blueskii

It鈥檚 better wait and not make urself problems with 1000

@ievgenfeldmann

No, you should not just wait. When you do that, you are lowering yourself in front of the officials, acting as if you have no rights or value鈥攁s if they are above you, and you are nobody.

It鈥檚 exactly because of this kind of attitude that some officials feel free to break the law and never face any consequences.

In this situation, the decision has already been made鈥攁nd it鈥檚 a positive one. There was no rejection, and the law clearly says that if there is no decision within 5 months, the application is automatically approved. So there is absolutely no risk in asking for what is yours.

Maybe you come from a country where corruption, favoritism, and fear of officials are normal鈥攍ike in parts of the former USSR or Africa. But this is Belgium. Here, laws are supposed to work, and people are expected to use their rights, not stay silent and hope for the best.

You're probably an immigrant just like me and like the original poster. That鈥檚 why your comment is even more disgusting, because we should be helping each other stand up, not encouraging fear and silence.

@Mia0210

Lol I am from more developed country then Belgium聽 鈥� i learned with 1000 commune that you open more doors if you go slow 鈥� but every one have its own way 鈥�I think you have to feel situation in order to make a decision. But I can鈥檛 tell my way is the right one .

@Mia0210

well said +1

Officers may not be familiar with all procedures, especially when dealing with less common situations. In those moments, we should stand up for our rights and make our voices heard. Otherwise, we risk being portrayed as suspicious, illegal, or cowardly.

@Blueskii

BXL 1000 馃槗 why am i not surprised