2023-11-25 13:48:00
The situation is ludicrous, almost Kafkaesque, but it is far from making these dozens of motorists from abroad and now domiciled in Belgium laugh. While some have obtained their driving license sometimes more than forty years ago, they risk being forced to retake their driving license, both theoretical and practical. At least if their lawyer, Maître Felicia Postaru, does not succeed in forcing the administration to comply via a legal decision.
To fully understand the problem, you should know that foreign nationals must, if they wish to stay in Belgium, take up residence there no later than 185 days after their arrival on Belgian territory. And, to continue driving in Belgium, nationals from countries outside the European Union must request the Belgian equivalence of their license. “But there is a lack of information when they arrive in Belgium,” laments Félicia Postaru. We don’t tell them what they should do and what they should definitely not do.”
Such as not requesting an equivalence of their license in Belgium and renewing their driving license in their country of origin. “Three of my clients are women who married in Belgium and took their husband’s last name,” comments Félicia Postaru. Their new name did not appear on their license, they asked the administration of their country to make the change. And she sent them a new permit.”
Problem: these three ladies being domiciled in Belgium, the official documents established after their domicile by their country of origin are not officially recognized in Belgium. They therefore have no legal value with us. “This is also the case for one of my clients who is now over 60 years old and obtained his license at the age of 20 in Moldova. He took up residence in Belgium four years ago and had his Moldovan license renewed two years ago. The document is no longer recognized in Belgium because it was issued after the date of domiciliation in Belgium. The administration refuses to take into account the fact that he has had his license for more than forty years.”
Result: the man will have to retake his theoretical exam then his practical one. “Which can be complicated for those who, if they get by, do not speak French, Dutch, German or English well enough (Editor’s note: the languages in which taking your theoretical exam is possible in Belgium) to understand all the subtleties of the theoretical driving license exam. One of my clients is a delivery driver but his license is no longer recognized and as he does not speak one of these languages well enough, he already knows that he will lose his job and that he will have to reorient himself professionally. .”
In total, Felicia Postaru has around twenty similar cases in her clientele. Among them, that of Olsjan, an Albanian national who married Nicoletta and took up residence with her, in Belgium. “He took my last name and took steps to adapt his driving license,” confides Nicoletta. He did it in Albania – we didn’t know we couldn’t – and now he theoretically can’t drive here.”
As the permit was not granted by the municipality of residence, it is no longer recognized in Belgium. “We tried to explain our case to the administration. But she doesn’t want to hear anything. For her, it’s as if Olsjan never had a driver’s license. He should therefore go over his theory, and go over his practice after several months of solo improvement. All this takes a lot of time. And my husband doesn’t have one. He is an entrepreneur and he is on construction sites all the time. And retaking your license when you have already obtained it, certainly abroad, is also a big waste of money.”
The case is now in the hands of Master Postaru, who will try to obtain a court decision in favor of his clients.
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