New rules on family reunification will come into force in Belgium on 1 September 2024. They apply to a number of categories of immigrants who have been granted international protection. In addition, the rules apply to stateless persons . These changes were introduced by the Act of 10 March 2024. It amends the legislation and certain provisions of the Act of 15 December 1980.
This is necessary to regulate the right of entry, stay, settlement and expulsion of foreign citizens on legal grounds. The main innovations concern the right to family reunification for parents of accompanied minors with international protection in Belgium, as well as for stateless persons.
Main changes
Family reunification with minor foreigners under international protection. Parents of accompanied minors under international protection can now also be reunited with them, subject to certain conditions.
Rules for foreigners and stateless persons:
- The minor received international protection in Belgium.
- The child is not married and lives in Belgium. This is possible with one or both parents.
- Family ties. These are confirmed in the country of origin. It is important that the child or children remain minors at the time of filing the application for family reunification in Belgium.
This will simplify the procedure and reduce the time it takes to process documents. However, this does not eliminate the formalities of the procedure. In case of violations in family reunification in Belgium, the applicant may be denied. The solution is to use the services of a lawyer.
Right to family reunification for stateless persons
According to the new Article 57/45 of the Aliens Act, stateless immigrants are practically equal to beneficiaries of international protection in matters of family reunification. However, there is an exception for parents of accompanied minors who have stateless status. According to the current legislation, they are not entitled to family reunification. This is only the case for parents of accompanied minors with international protection.
It is important to correctly assess the age of children to fall under this law. This depends on the following factors:
The age of the child is determined depending on the time of application:
- If the application is submitted by a parent, the child’s age is recorded at the time of application for international protection or a residence permit in stateless status.
- If the application is submitted by the child himself/herself, the age is recorded at the time of his/her application for international protection or stateless status.
- The applicant must not be on the international wanted list or violate Belgian laws.
Once a child reaches adulthood, the obligation to live together with a parent is no longer mandatory. The European Court confirms that it is sufficient to have “de facto family life”, which means regular contacts and the maintenance of personal and emotional ties.
Additional changes
To simplify the procedure, the new legislation provides for adjustments to some articles of the Law. They will reduce the bureaucratic burden on the applicant and more quickly obtain permission to reunite with family in Belgium.
Innovations:
- Extension of cascading restrictions. These apply to obtaining the right of residence.
- Clarification of the rights of parents of minor EU citizens. Additionally, confirmation of financial security requirements is required. It is necessary to obtain health insurance for family members of EU students.
- Introduction of new grounds for termination of residence of family members. These include EU students and partners for the right to family reunification.
- Changes for family members of beneficiaries of temporary protection. They have special privileges regarding their status and rights of residence in Belgium.
Thus, these legislative changes are aimed at simplifying the family reunification procedure for certain categories of persons, while providing clear legal mechanisms for regulating these processes.
