Various changes to family reunification in Belgium come into force on 1 September 2024

The law of 10 March 2024 amending the law of 15 December 1980 on the right to family reunification comes into force on 1 September 2024. The changes have an impact among other things on the right to family reunification for parents of accompanied minors with international protection, the right to family reunification for stateless persons, the assessment of minorhood in the asylum procedure or residence procedure for stateless person, etc.

The law of 10 March 2024 amending the law of 15 December 1980 on access to the territory, stay, establishment and removal of foreigners with regard to the right to family reunification (in French or in Dutch), comes into force on 1 September 2024. This law brings about a series of changes, including:

  • From now on, parents of an accompanied minor foreigner with international protection also have the right to family reunification if (i) the minor was admitted to residence as a beneficiary of international protection; (ii) the child is unmarried and lives in Belgium accompanied by one or both parents; the parent(s) live together or come to live together with the child in Belgium; (iii) the family ties already existed in the country of origin; (iv) the child is still a minor on the date of the application for family reunification of the parent(s). 
     
  • Foreigners with a residence due to statelessness on the basis of the new Article 57/45 of the Aliens Act are almost completely equal to persons with international protection in terms of family reunification. Only for parents of an accompanied minor foreign national with a residence due to statelessness, no right to family reunification is provided, similar to the right of the parents of an accompanied minor foreign national with international protection.
     
  • The minority of a child is determined at the time when: (i) his/her parent applies for international protection or residence on grounds of statelessness - in the case of family reunification of a minor child with a parent with international protection or residence on grounds of statelessness; (ii) the child himself applies for international protection or residence on the grounds of statelessness - in the event of family reunification of a parent with a child with international protection or residence on the grounds of statelessness, who entered Belgium as an unaccompanied minor.
     
  • There is no cohabitation obligation between a parent and a child who comes of age during or shortly after (= maximum three months afterwards) the asylum procedure or residence procedure for stateless person. From the age of majority, according to the case law of the ECJ, the child and parent no longer have to live together; it is sufficient that they have an actual family life. By "actual family life" the ECJ means regular contacts of whatever nature, which show that the personal and emotional relations are restoring.

Other changes include inter alia the extension of the "cascade limitation", modifications to the conditions for the right of residence of parents of a minor Union citizen, the proof of parental authority for children of EU students, the proof of means of subsistence and health insurance by family of EU student, new grounds for termination of residence of family members of EU students, additional conditions for 'other family member - sustainable partner' to be eligible for family reunification, thorough modifications for family members of beneficiaries of temporary protection, etc.

For a detailed analysis (in Dutch) of major changes introduced by the law of 10 March 2024 regarding the right to family reunification, please visit this webpage on vreemdelingenrecht.be.

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