Belgium tightens family reunification rules for foreign nationals

The Belgian Chamber of Representatives has adopted new legislation modifying the conditions for family reunification under the law of 15 December 1980. The changes introduce stricter income requirements and modify waiting periods for certain categories of foreign nationals, particularly those benefiting from international or subsidiary protection. The legislation was approved with a majority vote during a plenary session and aims to regulate access to family reunification, a principal legal pathway for foreign nationals to join family members in Belgium.

The Belgian Chamber of Representatives approved the reform during a plenary session held overnight from Thursday to Friday, with 107 votes in favour, 38 against and no abstentions. The new conditions introduce several key modifications to family reunification rules, notably:

  • Increased income requirements: The sponsor must now demonstrate an income of at least 110% of the average guaranteed minimum monthly income (€2.323). This amount increases by 10% for each additional family member, without any upper limit. 
     

  • Reduced grace period for income exemption: Recognised refugees will have a six-month grace period without income conditions to apply for family reunification, reduced from one year. For beneficiaries of subsidiary protection, this exemption period is entirely removed.
     

  • Extended waiting period: Beneficiaries of subsidiary protection, who previously had the same family reunification rights as recognised refugees, must now wait two years before submitting a family reunification request.
     

  • Increased age limit: The minimum age for family reunification sponsorship is raised from 18 to 21 years.

The Minister for Asylum and Migration, Anneleen Van Bossuyt, states that the reform is intended to ensure that family reunification occurs under conditions that promote the economic self-sufficiency and social integration of foreign nationals. The government also highlights that tightening certain conditions reflects commitments made in the current coalition agreement to manage migration flows more effectively.

The reform has drawn criticism from civil society. Organisations such as Myria, Caritas International Belgium, and Vluchtelingenwerk Vlaanderen have expressed concerns that the new measures could infringe on the right to family life and potentially hinder integration efforts. The Children’s Rights Commissioner has also voiced serious concerns, particularly regarding the exclusion of unaccompanied minors with subsidiary protection, arguing that the law undermines children’s rights as enshrined in the UN Convention on the Rights of the Child and the European Convention on Human Rights. Several NGOs have announced plans to challenge the legislation before the Constitutional Court, citing issues of discrimination and fundamental rights violations. A previous appeal on similar grounds remains pending.

Anyone interested can watch the discussions and vote from the plenary session at the Chamber of Representatives via the following link.

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