The Law of 18 July 2025, published in the Belgian Official Gazette on 8 August 2025 and coming into effect on 18 August 2025, modifies the provisions of the Law of 15 December 1980. This law provides for transitional measures that allow the old and new provisions to coexist for a certain period.
Specifically, provisions that apply before 18 August 2025 (“old provisions”) will still be in effect after that date for family reunification visa applications :
- submitted before 18 August 2025 and still pending on that date;
- submitted within a period of two years from August 18, 2025, if the foreign national being joined was authorized or admitted to reside in Belgium for more than three months before that date (18 August 2025). Therefore, for all applications submitted between August 18, 2025, and August 18, 2027, it is essential to verify the date when the foreign national being joined was authorized or admitted to reside in Belgium for more than three months.
New provisions under the law of 18 july 2025:
- Apply to family reunification applications submitted within two years from 18 August 2025, specifically until 18 August 2027. This applies if the foreign national being joined was not authorised or admitted to reside in Belgium for more than three months before 18 August 2025;
- Apply fully to family reunification applications submitted on or after August 18, 2027.
The sponsor (the person residing in Belgium) must have stable, regular, and sufficient means of subsistence to provide for their own needs and those of their family members, ensuring they do not become a burden on public authorities.
The sponsor must present documents covering a sufficiently long reference period, ideally the 12 months preceding the submission of the residence application, and even longer if the sponsor is self-employed.
Old provisions
The sponsor must have stable, regular, and sufficient means of subsistence to provide for their own needs and those of their family members, ensuring they do not become a burden on public authorities.
The means of existence must be at least equal to 120% of the amount referred to in Article 14, §1, 3°, of the Law of 26 May 2002 on the right to social integration, i.e. €2,131.28 net/month.
New provisions (Law of 18 July 2025)
The sponsor must have stable, regular, and sufficient means of subsistence to provide for their own needs and those of their family members, ensuring they do not become a burden on public authorities.
The means of existence must be at least equal to 110% of the guaranteed average minimum monthly income (GAMMI), i.e. €2,323.079 net/month.
This amount must be increased by 10% for each additional dependent family member of the foreign national being joined, regardless of whether this family member already legally resides in Belgium or is applying for family reunification.
- Example 1: The sponsor is alone in Belgium and wishes to be joined by their partner and two children. The amount is 110% (partner applying for family reunification) + 20% (10% per child applying for family reunification) = €2,787.69.
- Example 2: Same situation, but the sponsor already resides in Belgium with another child. The amount is 110% (partner applying for family reunification) + 20% (two children applying) + 10% (child already in Belgium) = €3,020.
Good to Know: Additional Dependents
Minor children who are part of the sponsor’s household are presumed to be dependents, as well as adult persons who are also part of the household and who cannot prove that they are financially independent without relying on social assistance.
If the sponsor is a salaried employee, he may present an employment contract, pay slips, the most recent tax assessment notice from the FPS Finance or the certificate from the FPS Finance showing the future tax to be paid, excerpts from a bank account, a pension slip, proof that he is earning rental income, or any other document showing that he has stable, regular and sufficient income.
If the sponsor is self-employed, see here.
Unemployment benefits may be considered if the sponsor proves that he is actively seeking employment or is not required to.
Income from interim employment earned following a period of unemployment may be considered. This income is also considered if this interim work has been continuously performed for at least one year and generates an income equal to the reference amount.
Disability benefits (income replacement allowance, integration allowance and disability allowance) are considered.
Useful information: The sponsor's income must be stable and regular. They must therefore submit documents that cover a suitably long reference period. Ideally, the documents cover the 12 months preceding the application. The period may even be longer if the sponsor is self-employed.
The following income is ineligible:
- certain income from supplementary schemes, such as the living wage and supplementary child benefit;
- financial social assistance (PCSW);
- child allowance;
- tide-over allowance;
- transitional allowance;
- income from an employment contract signed pursuant to Article 60, § 7, of the Organic Law on Public Centres for Social Welfare of 08/07/1976. This agreement must allow the person who signs it to work for a period of time, after which he can obtain full social security benefits. Incidentally, the employment agreement provides that the agreement will end automatically when the person has worked long enough to obtain full social security benefits. Such an activity is therefore not a source of stable and regular means of subsistence within the meaning of the Act of 15/12/1980;
- the formal obligation commitment made for the benefit of a student (Annex 32). Consequently, the student who wishes to be accompanied or joined by his spouse and his minor children must prove that he has means of subsistence at least equal to the reference amount.
In the following situations, the income of the other family members is considered:
- The sponsor obtained long-term resident status in another State of the European Union before being authorised to stay in Belgium for more than 90 days, and the family unit was already (re-)formed in this other State of the Union ;
- The sponsor has a European Blue Card (H card) and the family unit was already (re-)formed in another state of the European Union.
The fact that the sponsor’s income is lower than the reference amount does not automatically result in the refusal of the visa application.
The Immigration Office must examine the sponsor’s overall situation and determine what means are necessary for the sponsor to provide for themselves and their family without becoming a burden on public authorities.
This means that the Immigration Office may consider that a sponsor with an income below the reference amount still meets the requirements if they can nonetheless provide for themselves and their family.
Important: New Provisions (Law of 18 July 2025)
The Law of 18 July 2025 now requires the applicant, when submitting a family reunification application, to provide all documents and information enabling the Immigration Office to determine the means available to the sponsor and their family to avoid becoming a burden on public authorities.
This includes:
- Documents proving that they have stable and regular means of subsistence and showing the amount thereof; and
- All documents allowing the Immigration Office to obtain a clear picture of their financial situation, needs, and those of their family. For example: the rent amount if the sponsor is a tenant; the amount of alimony received or paid; rental income if the sponsor leases real estate; certain reductions granted based on personal circumstances; various allowances or bonuses; an attest from their bank or the National Bank showing no arrears on mortgage or consumer credit payments; etc.