Background

Following actions for annulment of the Law of 8 July 2011 modifying family reunification provisions, the Constitutional Court, in its ruling n° 121/2013 from 26 September 2013 (published on 22 November 2013), examined conditions required for foreigners to benefit from a right of residence in Belgium for family reunifiation purposes. In the said ruling, the Court annulled three provisions which will lead to legislative changes:

1) An exception must be introduced as regards the 21 year old age requirement for registered partners of EU citizens (article 40bis, §2, alinea 1er, 2°, c) ) because such exception also applies for partners of third-country nationals

2) According to directive 2004/38, a residence procedure must be introduced for family members of EU citizens who are dependent of the sponsor or who provide such sponsor with support for medical reasons (article 40bis, §2, alinea 2). A draft bill is being handled in this matter

3) There shouldn't be any resource requirement in the case only a minor child of a Belgian citizen (or his/her partner/equivalent partner) applies for family reunification (article 40ter, alinea 2) because such requirement would imply a difference in treatment between  Belgians and their family members on the one hand and third-country nationals and their family memberson the other hand

The court also interpreted many other provisions.

Circular of 13 December 2013 published in the Belgian Official Gazette on 20 december 2013

The Circular (attached) mentions the provisions (see above) which were annulled by the Court and which will be subject to legislative action, and also explains the way several provisions were interpreted by the Court. The Circular help clarify the Court ruling's consequences on family reunification applications.

Here are some examples of provisions concerned in the framework of family reunification of family members of a third-country national:

Article 10, §1er, alinea 1, 4° & 5°: when calculating the 12 months waiting time in case of family reunification with a foreigner authorized to stay for an unlimited period, it is now foreseen to take into account periods of authorization to stay in Belgium for a limited duration preceding the granting of the authorization of unlimited stay or settlement.

Article 10, §2, alinea 4: handicapped persons over 18 years old who are declared to have a prolonged status of minor are deemed equivalent to minors and, based on this, are not subject to the requirement to prove sufficient means of subsistence.

Article 10ter, §2: when processing an application subject to investigation on the marriage or conditions of a durable and stable relationship, the decision to extend the 3 month period for a second time, must indicate its exceptional nature linked to the complexity of the case.

Other provisions, also in the framework of family reunification of family members of EU sitizens as well as of Belgian citizens, and consequences are presented in detail in the attached Circular of 13 December 2013.