In September 2023, the Belgian Government submitted a draft law to amend the Immigration Law with a view to introducing a new right of residence for stateless persons. The proposal is currently being discussed in Parliament, and the new legislation is expected to be adopted in January 2024. 

The draft law proposes to establish a new administrative procedure entrusted to the Immigration Office, which is not obliged to hear the person concerned before making a decision. In the event of a positive decision, a five-year residence permit is granted to the stateless person. He/she will be entitled to family reunification under the same conditions as recognized refugees. In the event of a negative decision, a non-suspensive appeal for annulment is opened before the Council for Alien Law Litigation (CALL). During the procedure, the Office of the Commissioner General for Refugees and Stateless Persons issues an opinion on the situation of the stateless person, which is not subject to any appeal.

The European Network on Statelessness (ENS) and Nansen published a joint opinion analysing the proposal. They welcomed the introduction of a residence permit for stateless persons but stated that the current proposal also contains several concerning features, including imposing conditions that go beyond the 1954 Convention and UNHCR guidance and creating a complex and intricate mechanism that is not in line with Belgium’s international obligations. ENS and Nansen recommend inter alia that the condition of prior legal residence should be removed from the draft text. They also want to see three procedural guarantees integrated into the project: an appeal in full litigation; methods of proof in accordance with the standards established by the UNHCR, and the right to be heard.

For further information, please visit the Belgium country page in the statelessness index.