According to the new Law, return decisions will in principle provide a period of 30 days (instead of 5 days) for voluntary departure. In some cases a shorter period may be granted, or in exceptional cases this period can be less than 7 days or there will be none at all. This is the case if there is e.g. a risk of absconding, if there person concerned did not respect a preventive measure or if there is a risk to public or national security. At request and when necessary for the preparation of the voluntary departure, the period can be extended.

Return decisions shall be accompanied by an entry ban of 3 years if no period for voluntary departure has been granted, or if the obligation to return has not been complied with. In cases of fraud, the length of the entry ban can be up to 5 years. There are possibilities to suspend or withdraw the entry ban.

Directive 2008/115/EC on common standards and procedures for returning illegally staying third-country nationals ("the Return Directive") entered into force on 16 December 2008 and had to be transposed by 24 December 2010. Because Belgium had not yet transposed the Directive into national law, the European Commission send Belgium a request for information in January 2011 and a formal request (a reasoned opinion) in September 2012.

The new Belgian Law can be downloaded here in French and Dutch.