In Belgium, in addition to the international protection procedure, there is a special residence procedure for unaccompanied foreign minors (UAMs), known as the "Best Interest Procedure". It is characterized by the search for a durable solution and is accessible regardless of other procedures already initiated by the minor or his/her guardian. The law determines three types of durable solutions:

1. Family reunification with the parents in the country where they are legally entitled to stay;
2. A return to the country of origin with guarantees of adequate reception and protection, either by the parents or other adults or by public authorities or non-governmental organisations;
3. A residence permit in Belgium.

By means of three ad hoc queries, the Belgian authorities sought to obtain information from other EU Member States with a similar procedure. The ad hoc queries addressed three aspects: (i) the existence of a specific residence procedure for UAMs, (ii) the procedure in case the durable solution is considered a return, (iii) the implementation of a return decision.

Here are some results from the ad hoc queries:

• 1st ad hoc query: Do Member States provide a specific procedure (apart from the application for international protection) for the residence of unaccompanied foreign minors? 14 of the 25 EU Member States that responded to the 1st ad hoc query have a specific procedure for UAMs. The compilation of answers above provides a more detailed description of the functioning of this procedure  (who initiates the procedure, the assessment, how the procedure is related to other procedures and what happens if the UAM comes of age during the procedure).
   
• 2nd ad hoc query: Do Member States issue return decisions to UAMs? 15 of the 23 EU Member States responding to the 2nd ad hoc query issue a return decision to UAMs. The compilation of answers provides details on whether the assessment in the context of a return decision differs from the assessment in the context of a specific residence procedure for UAMs, at what stage the assessment of adequate reception in the country of origin is carried out, by whom and if elements from the international protection procedure (if any) are taken into consideration. If the assessment of adequate reception cannot be carried out in the country of origin, some EU Member States grant a residence status on humanitarian grounds.
   
• 3rd ad hoc query: How do Member States promote voluntary return and how is the return decision implemented? EU Member States call on a number of actors to promote voluntary return such as IOM, Caritas, local authorities and NGOs. The steps EU Member States take to implement the return decision vary widely. In Estonia for example, the organization of the UAM’s return lies with the guardian. In Germany, the voluntary return of UAMs is promoted by the REAG programme and the GARP programme, these programmes i.a. support the organization of the journey and cover the costs of the travel ticket. In the Netherlands, the one-year period to complete an assessment of adequate reception is also used to examine whether there are departure options that could be utilized in the future without the cooperation of the UAM.

For further information, please read the compilations of answers to the ad hoc queries attached above.