Publication date: 01 June 2025
This research paper introduces the "IRMIGRIGHT", the first bespoke database of social and labour rights of irregularly staying migrants in twenty-eight European countries. A number of findings emerge from the data analysis, including the fact that, on average, irregularly staying migrants have significantly weaker social rights than labour rights.
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Main theme: Irregular Migration
Publication Type: Study
Keywords: irregularly staying third-country national, social right, labour right
Publication date: 03 April 2025
This ad hoc query, launched by EMN Belgium, explores whether authorities in EMN Member Countries are permitted to search the electronic devices of irregularly staying third-country nationals in the context of return. It examines the legal conditions under which such searches may take place, the categories of individuals concerned, the availability of related statistics, and the perceived impact on identification processes. The query also invites information on challenges encountered and any planned legislative developments in this area.
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Main theme: Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: irregularly staying third-country national, identification, search, electronic device
Publication date: 03 January 2025
This ad hoc query looks into the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or an irregularly staying third-country national who is subject to return.
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Main theme: Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, judicial review, applicant for international protection, irregularly staying third-country national
Publication date: 11 October 2023
In response to the growing awareness of the barriers for irregularly staying adult migrants to access higher education, vocational training and employment, the Netherlands sought to map out existing legislation and practices in other EMN Member countries to facilitate this access.
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Main theme: Economic migration, Study § Training, Irregular Migration
Publication Type: Ad Hoc Queries
Keywords: access to education, access to employment, irregularly staying third-country national
Publication date: 28 January 2016
22 (Member) States provided information on their practices regarding illegally working migrants, more precisely on whether this is considered a criminal offence and what possible sanctions they face. This query was launched by the British National Contact Point.
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Main theme: Economic migration, Irregular Migration
Publication Type: Ad Hoc Queries
Keywords: illegal work, irregularly staying third-country national
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On 1 February 2026, Belgian Ministers Anneleen Van Bossuyt (Asylum and Migration) and Bernard Quintin (Interior) announced the extension of targeted internal checks, in place since July 2025, until at least 31 July 2026. The measures aim to curb irregular migration and secondary movements into Belgium while enforcing residence requirements and enhancing security. Targeted checks are conducted on major roads, long‑distance buses, selected trains, and intra‑Schengen flights.
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On 17 November 2025, the City of Brussels adopted a motion for a welcoming, responsible and caring city, opposing the draft law allowing judicially authorised home searches for irregularly staying migrants. The motion emphasises that security and human dignity are inextricably linked and states that Brussels must remain a welcoming, responsible and just city, faithful to its constitutional and European obligations.
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Main theme: Return & Readmission
Keywords: irregularly staying third-country national, home search, opposition, privacy
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Belgium and Morocco have signed an agreement to strengthen cooperation across multiple areas, aiming for concrete and measurable results. The deal covers security, justice, economic development, and migration. Belgium has also committed to supporting Morocco’s autonomy proposal for Western Sahara, a region that has been at the centre of an international dispute for nearly fifty years.
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Main theme: Return & Readmission
Keywords: bilateral cooperation, Belgium, Morocco, irregularly staying third-country national
Minister Van Bossuyt updates Parliament on internal checks against irregular and secondary migration
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Belgium introduced targeted internal checks in July 2025 to address irregular and secondary migration. The measures are applied at airports, international bus and rail stations, and motorway rest areas. Over 11.000 individuals have been checked, with some ordered to leave the territory or placed in closed centres. The government plans to continue the checks and to conduct a six‑month evaluation.
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Main theme: Borders & Visa, Irregular Migration
Keywords: checks, Belgian territory, irregularly staying third-country national, secondary movement
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On 19 June 2025, Interior Minister Bernard Quintin and Asylum and Migration Minister Anneleen Van Bossuyt announced that, starting from summer 2025, federal police, local police, and the Immigration Office will collaborate to conduct targeted checks within Belgium. These measures aim to combat irregular migration and secondary movements towards Belgium. Reactions have emerged regarding the capacity required to implement such checks, their actual effectiveness in reducing irregular migration, and whether they can deliver a real deterrent effect or remain largely symbolic.
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According to recent data released by Eurostat, 124.935 non-EU citizens were ordered to leave an EU country, and 28.630 persons were returned to third countries following an order to leave. When compared with the same quarter of 2023, the number of non-EU citizens ordered to leave went up by 16.3%, while the number of people returned to third countries increased by 24.3%.
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Main theme: Data & Statistics
Keywords: order to leave the territory, voluntary return, forced return, irregularly staying third-country national
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A few days after 17 European countries called on the European Commission to submit a new legislative proposal for more effective returns, Justice and Home Affairs Ministers discussed the issue of return during a working lunch in Luxembourg. They tasked experts with starting to explore innovative ideas related to returns.
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Main theme: Return & Readmission
Keywords: effective return, irregularly staying third-country national, rejected asylum seekers
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After nearly two years of closure, Fedasil’s Info Point reopened on 27 September 2023, at its new location in rue Héger-Bordet, 3. The Info Point offers information and counseling for applicants for international protection living outside the reception network, but also migrants in transit and persons without a residence permit.
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On 19 September 2024, EMN Belgium presented the findings of its national contribution to the upcoming EMN Study on the Illegal Employment of Third-Country Nationals (2017-2022), in a comparative perspective with the national contributions from EMN Austria and EMN Italy.
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A large delegation from the federal government, accompanied by senior police officers and senior administration officials, is leading a mission to Morocco. The fight against illegal immigration and the return policy are among the priority issues discussed with the Moroccan authorities.
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Main theme: Return & Readmission
Keywords: irregularly staying third-country national, Morocco, prison, identification
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In the first three months of this year, 959 irregularly staying third-country nationals were subject to forced return from Belgium. That is twice as many as in the same period last year, when it concerned 502 persons.