Family reunification with a adult national foreign
An adult foreign national who has been granted refugee status or subsidiary protection by Belgium may, under certain conditions, be joined by:
- their spouse or assimilated partner (registered partnership considered equivalent to a marriage in Belgium);
- their partner (registered partnership considered equivalent to a marriage in Belgium or partnership registered in accordance with a law);
- their minor children;
- the minor children of their spouse or legal or assimilated partner;
- their disabled child over 18 years of age and unmarried;
- the disabled child over 18 years of age, and unmarried, of their spouse or legal or assimilated partner.
Family reunification with a minor national foreign
A minor foreign national who has been granted refugee status or subsidiary protection by Belgium may, under certain conditions, be joined by their father and their mother.
The right to family reunification must be recognised if the applicant proves, with documents, that the conditions for family reunification are met. These conditions are determined by the relationship between them and the sponsor (marriage, partnership, parentage).
Other family members
The other family members of a foreign national enjoying international protection in Belgium do not have a right to family reunification; they may, however, submit an application for a residence permit (Article 9 of the Law of 15 December 1980).
The right to family reunification for a partner or an assimilated partner must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Marriage and partnership considered equivalent to marriage in Belgium
The applicant must be married to the sponsor or have entered into a partnership in Germany, Denmark, Finland, Iceland, Norway, Sweden or the United Kingdom.
→ Submit valid proof of marriage and, if marriage by proxy, a copy of the power of attorney. If the applicant or the sponsor has remarried, submit proof of the dissolution of the previous marriage, or proof of the death of the spouse; or
→ Submit valid proof of partnership considered equivalent to marriage in Belgium. If it is a new relationship, they must submit proof of the dissolution of the previous relationship (divorce certificate, spouse's death certificate, etc.).
Special provision: The general rule is that the applicant must present an authentic document to prove their blood or affinity relationship with the sponsor. Exceptionally, the Immigration Office must take into account other valid evidence presented by the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection in order to prove the blood or affinity link, provided that this link already existed prior to the entry of the sponsor into Belgium. If that is not possible, the Immigration Office may proceed to or arrange for interviews and investigations, or propose that additional analysis be carried out (e.g. a DNA test).[Article 12bis, §5 and §6, second paragraph of the Act of 15 December 1980]
Polygamy
The applicant is not entitled to family reunification when another spouse of the sponsor already resides in Belgium.
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the spouses prove that the marriage existed before the arrival of the sponsor in Belgium.
→ Submit the birth certificate of the applicant and the sponsor, or any other document that validly proves their age.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit.
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provision: The spouse or partner does not need to provide proof that the sponsor has stable, regular and sufficient means of subsistence, if the marriage or partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Special provision: The spouse or partner does not need to provide proof that the sponsor has sufficient housing, if the marriage or partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Health insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Special provision: The spouse or partner does not need to provide proof that the sponsor has sufficient health insurance, if the marriage or partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a sustainable life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the marriage is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification for a legal partner must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Legal registered partnership
In Belgium, registered partnership refers to the declaration of legal cohabitation made before a civil registrar (see Articles 1475 et seq. of the Civil Code).
→ Submit the declaration of legal cohabitation or proof of a legal registered partnership.
Stable and lasting relationship
The relationship between the applicant and the sponsor must be stable and lasting. Proof of such a relationship can be provided in the following way:
- The partners have lived together continuously in Belgium or another country for at least one year prior to the application; or
- The partners have known each other for at least two years, prior to the application, and provide evidence that they maintained regular contact, by telephone, correspondence or electronic messages, and that they met three times in the two years prior to the application and that these meetings totalled 45 or more days; or
- The partners have a mutual child.
→ Submit evidence of the stable and lasting nature of the relationship.
Age
The applicant and the sponsor must be over 21 years of age. This minimum age is reduced to 18 years if the partners prove that they had been living together for at least one year prior to the sponsor's arrival in Belgium.
→ Submit the birth certificate of the applicant and the sponsor, or any other document validly proving their age, and, if applicable, proof of cohabitation for at least one year prior to the sponsor's arrival in Belgium.
Unmarried status
The applicant and the sponsor must be unmarried.
→ Submit proof of unmarried status of the applicant and the sponsor.
No lasting relationship with another person
The applicant and the sponsor must not be in a long-term relationship with another person.
No partnership with a family member
The partnership does not give the right to family reunification when it is concluded between (i) relatives in the ascending and descending line and relatives in the same line, or (ii) in the lateral line, between brothers, between sisters, or between brothers and sisters, or between uncle and niece or nephew, or (iii) between aunt and niece or nephew.
No refused intended marriage
The applicant and the sponsor must not have been the subject of a final decision refusing the completion of the marriage based on Article 167 of the Civil Code.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit.
Subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provision: The partner does not need to provide proof that the sponsor has stable, regular and sufficient means of subsistence, if the partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Special provision: The partner does not need to provide proof that the sponsor has sufficient housing, if the partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Special provision: The partner does not need to provide proof that the sponsor has sufficient health insurance, if the partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.
The Immigration Office may have doubts regarding the real intention of the applicant and/or the sponsor to create a sustainable life together. In this case, the applicant and/or the sponsor may be invited for an interview and the opinion of the public prosecutor's office may be sought.
If the investigation shows that the marriage is for the purpose of obtaining a residence benefit (e.g. a residence permit), the Immigration Office will likely deny the request for family reunification. These checks will also affect the examination period for the application for family reunification.
The right to family reunification for an underage child must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Descent
The applicant must prove descent from the sponsor, spouse or partner.
→ Submit a birth certificate, or any document that validly proves the fact that they are descended from the sponsor, their spouse or their partner.
Special provision: The general rule is that the applicant must present an authentic document to prove their blood or affinity relationship with the sponsor. Exceptionally, the Immigration Office must take into account other valid evidence presented by the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection in order to prove the blood or affinity link, provided that this link already existed prior to the entry of the sponsor into Belgium. If that is not possible, the Immigration Office may proceed to or arrange for interviews and investigations, or propose that additional analysis be carried out (e.g. a DNA test).[Article 12bis, §5 and §6, second paragraph of the Act of 15 December 1980]
Age
The applicant must be less than 18 years old.
→ Submit a birth certificate, or any document that validly proves their age.
(CJEU) The general rule is that the applicant must present an authentic document to prove their blood or affinity relationship with the sponsor. Exceptionally, the Immigration Office must take into account other valid evidence presented by the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection in order to prove the blood or affinity link, provided that this link already existed prior to the entry of the sponsor into Belgium. If that is not possible, the Immigration Office may proceed to or arrange for interviews and investigations, or propose that additional analysis be carried out (e.g. a DNA test).[Article 12bis, §5 and §6, second paragraph of the Act of 15 December 1980]
Unmarried status
The applicant must be unmarried.
→ Submit proof of unmarried status if the applicant is old enough to validly enter into a marriage.
Custody rights
If the applicant's parents are divorced, the sponsor, spouse or partner must have custody rights. If custody is shared, the other holder of custody must consent to family reunification.
→ Submit proof that the sponsor, spouse or partner has custody rights and, if custody is shared, that the other holder of custody has given their consent
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit.
Subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Special provisions:
> An underage child does not need to provide proof that the sponsor has stable, regular and sufficient means of subsistence, if the descent precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
> An underage child does not need to provide proof that the sponsor has stable, regular and sufficient means of subsistence, if they are unmarried, come to live with the sponsor before reaching 18 years of age and are the only one coming to join the sponsor (that is to say, the other parent does not apply for family reunification at the same time).
Housing
The sponsor must have sufficient housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Sufficient housing
Special provision: An underage child does not need to provide proof that the sponsor has sufficient housing, if the descent precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Special provision: An underage child does not need to provide proof that the sponsor has sufficient health insurance, if the partnership precedes the sponsor's entry into Belgium, and if the application for family reunification is submitted within the year (12 months) following the recognition of refugee status or the granting of subsidiary protection to the sponsor.
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Co-habitation
The applicant must come to live with the sponsor.
The right to family reunification for a single adult disabled child must be recognised if he/she proves with documents that the conditions for family reunification have been met.
Descent
The applicant must prove descent from the sponsor, spouse or partner.
→ Submit a birth certificate, or any document that validly proves the fact that they are descended from the sponsor, their spouse or their partner.
Special provision: The general rule is that the applicant must present an authentic document to prove their blood or affinity relationship with the sponsor. Exceptionally, the Immigration Office must take into account other valid evidence presented by the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection in order to prove the blood or affinity link, provided that this link already existed prior to the entry of the sponsor into Belgium. If that is not possible, the Immigration Office may proceed to or arrange for interviews and investigations, or propose that additional analysis be carried out (e.g. a DNA test).[Article 12bis, §5 and §6, second paragraph of the Act of 15 December 1980]
Age
The applicant must be more than 18 years old.
→ Submit a birth certificate, or any document that validly proves their age.
Unmarried status
The applicant must be unmarried.
→ Submit proof of unmarried status if the applicant is old enough to validly enter into a marriage.
Dependant
On account of their disability, the applicant cannot provide for their own needs.
→ Submit a certificate from a doctor recognised by the Belgian diplomatic or consular post competent for residence abroad, confirming that the applicant is unable to meet their own needs due to their disability.
Stay
The sponsor must be admitted or authorised to stay in Belgium for a limited or unlimited period of time, or be authorised to settle there.
→ Submit a copy of the residence permit (A, B, C, D, F, F+, H K , L, M or M+ card).
Means of subsistence
The sponsor must have stable, regular and sufficient means of subsistence to meet their own needs and those of their family members and to avoid becoming a burden on the public authorities.
For more information: Stable, regular and sufficient means of subsistence
Housing
The sponsor must have adequate housing to accommodate the family member(s) who have asked to join them, and which meets the conditions imposed upon real estate leased as a principal residence, as stipulated in Article 2 of Book III, Title VIII, Chapter II, Section 2 of the Civil Code.
For more information: Adequate housing
Insurance
The sponsor must have health insurance that covers the risks in Belgium for themselves and their family members.
For more information: Health insurance
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.
The father and the mother of an underage foreigner to whom Belgium has granted refugee or subsidiary protection status must demonstrate, with documents, that the following conditions have been met:
Identity
The applicant must prove their identity.
→ Present a valid travel document, or any document that validly proves identity.
Descent
The applicant must demonstrate that they are the father or mother of a foreigner who has obtained international protection in Belgium.
→ Submit a birth certificate, or any document that validly proves their descent.
Special provision: The general rule is that the applicant must present an authentic document to prove their blood or affinity relationship with the sponsor. Exceptionally, the Immigration Office must take into account other valid evidence presented by the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection in order to prove the blood or affinity link, provided that this link already existed prior to the entry of the sponsor into Belgium. If that is not possible, the Immigration Office may proceed to or arrange for interviews and investigations, or propose that additional analysis be carried out (e.g. a DNA test).[Article 12bis, §5 and §6, second paragraph of the Act of 15 December 1980]
Unaccompanied foreign minor (UFM)
The foreigner who has obtained international protection in Belgium had to be under 18 years of age when they requested this international protection. On the other hand, the sponsor must have entered Belgium without having been accompanied by an adult foreigner who is responsible for him under the law, and must not subsequently have been in the care of such a person, or left unaccompanied after entering Belgium.
Special provisions:
> (CJEU) The father and mother of an UFM who came of age during the examination of his application for international protection retain their right to family reunification, provided that their application for family reunification is submitted within a reasonable time (three months) from the recognition of refugee status or the granting of subsidiary protection to the sponsor. However, this three-month period may be extended (and the right to family reunification preserved) in situations where the late submission of the initial application is objectively excusable due to special circumstances.
> (CJEU) The father and mother of an UFM who came of age shortly (three months) after the recognition of refugee status or the granting of subsidiary protection retain their right to family reunification, provided that their application for family reunification is submitted within a reasonable time (three months) after the decision. This period may, however, be extended (and the right to family reunification retained) in situations where the initial request on the grounds of special circumstances was submitted too late, but this is objectively excusable.
Public health
The applicant must provide a medical certificate proving that they are not affected by any of the diseases listed in the annex to the Act of 15 December 1980, which may pose a danger to public health.
For more information: Medical certificate
Public order
The applicant must provide an extract from the criminal record or an equivalent document.
For more information: Extract from criminal record.
Co-habitation
The applicant must come to live with the sponsor.