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Legal Procedures

REGISTRATION FORMALITIES

Under Belgian law foreign residents are required to register at their local town hall within three months of their arrival. The documents required differ for EU and non-EU nationals.

Non-EU nationals must have the following: - valid passports
- ASP visa (tourist visa for spouse if necessary - check & apply to Belgian Consulate before leaving own country)
- work permit (application is made by employer in Belgium)
- birth certificates with "Apostille" (authentication certificate from the original office of issue)
- marriage certificate with "Apostille"
- divorce certificate (if applicable)
- medical certificate from a recognised doctor
- police certificate of good conduct (apply to local police before departure)
- 4 passport photographs (needed for identity card , driving licence, etc.....)
- copy of lease
- "Attestation Patronale/Annexe 19bis" (to be obtained from your Belgian employer)
YOUR LEGAL RIGHTS

You are required to carry your identity card at all times from the age of 15 years. An uniformed police officer has the right to ask you to produce your ID card but he may not take it away from you. Keep a photocopy of your ID card and passport in a safe place at home in case of loss or theft .

If you are arrested by the police you should ask that your embassy be informed immediately .You have the right to consult your lawyer and if you are unable to pay for one you are entitled to a Pro Deo lawyer.

The police may detain you for 24 hours without arrest but after that you cannot be held without an arrest order from a judge.

The police may stop your car and ask you to take a breath test on the spot. You have the right to request a 30 minutes delay. The limit is .5 GMs of alcohol per litre of blood and if you are over the limit your driving license can be removed immediately, plus you face a possible prison sentence and a fine.

The police may stop you for speeding and give you a ticket to be paid within 48 hours. Note that they also use radar and if you are exceeding the limit the speeding ticket will be sent to you by post.

The police may not search your house without a search warrant and they may not search your house between the hours of 21h00 and 05h00.

Organ Donation - if you do not wish to donate your organs after your death you must formally declare your opposition through your local commune. This law applies to all residents in Belgium.

Gendarmerie/Rijkswacht is the national police force dealing with all crimes, offences and traffic violations - particularly on motorways. They wear uniforms with red bands.

Police/Politie is the local or communal police department dealing with all crimes, offences and traffic violations. They wear navy blue uniforms with blue bands.

BIRTHS , MARRIAGES AND DEATHS

Belgian law is statue law rather than common law and is based on the Napoleonic code.

Birth: Babies are usually born in hospitals or clinics and not at home. Births must be registered at the town hall of the commune where the child was born within 15 days of the birth. The child should also be registered with your own Embassy or Consulate. You will need:

-medical certificate issued by the doctor
-marriage certificate
-parent's ID cards or passports

Marriages: Regulations depend on nationality, for instance in Belgium the minimum age for men is 18 years and for women 15 years; parent's consent is needed where the couple is under 21 years. A civil ceremony is obligatory in Belgium and the banns must be posted at each person's town hall 10 days before the ceremony. The couple should apply to the town halls well in advance of this to make the arrangements. You will need :

-birth certificates
-identity cards
-documents relating to your status, divorced, widowed etc.
-legally approved translations of the above

Deaths: Must be declared immediately to the town hall in the commune where death took place .You must also inform your Consulate and your doctor. The commune will send an official doctor to issue the death certificate. You will need:
-death certificate
-ID card or passport
-marriage certificate , if applicable

Remember that foreign residents who have lived in Belgium for longer than six months are assumed to have donated their organs unless they have formally specified their opposition to this through their town hall.



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