with a refugee/ beneficiary of subsidiary protection

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:

1. The partners have lived together continuously in Belgium or another country for at least one year prior to the application; or
2. 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
3. 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 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. 

In certain situations, the family members of a foreigner receiving international protection in Belgium may benefit from the following special provisions to facilitate family reunification:

Submission of the visa application

[Article 12bis, §1, first paragraph of the Act of 15 December 1980]

As a rule, a foreigner must submit their visa application to the Belgian diplomatic or consular post competent for the place of residence or the place of (legal) residence abroad. 

Exceptionally, family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection may present themselves at any Belgian diplomatic or consular post that issues visas.

However, there are some limits to this option. The FPS Foreign Affairs may designate a single reference post. In that case, the applicant has no choice. They must address themselves to this post. On the other hand, the post chosen is not obliged to accept the application where it finds that the applicant has no a priori objective reason to submit their visa application in the area for which the post has jurisdiction.

The list of Belgian embassies and consulates is published on the FPS Foreign Affairs site (www.diplomatie.belgium.be).

It is strongly recommended to read the practical information published on the site for the competent post and for the external service provider receiving the visa applications before starting the steps.

Fee

[Article 1/1, §2, 3° of the Act of 15 December 1980]

By way of exception, the following family members of an adult foreigner to whom Belgium has granted refugee status or subsidiary protection will not pay a fee:

• his/her spouse;
• the foreigner with whom a partnership has been established that is considered equivalent to marriage in Belgium;
• the foreign national to whom they are related by means of a legally registered partnership.

The father and mother of a foreigner to whom Belgium has granted refugee status or subsidiary protection will not pay a fee if the foreigner was less than 18 years old at the time of submitting their application for international protection.

This exemption is also applicable if this foreigner came of age during the examination of their application for international protection and their parents' visa application is submitted within the three months following the recognition of refugee status or the granting of subsidiary protection by the CGRS or the Aliens Litigation Council.

The other family members must pay a fee. 

Travel document

The general rule is that a valid travel document must be presented when the visa application is submitted or, at the latest, when the visa is issued. 

By way of exception, the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection, who do not have a valid travel document and cannot obtain such a document, may submit their visa application without presenting a travel document.

However, the applicant must explain why they cannot present a valid travel document. However, the ability to submit a visa application without a travel document must not lead to abuse. The competent Belgian diplomatic or consular post will determine whether, in practice, it is actually particularly difficult, or even impossible, for the applicant to obtain a travel document. This difficulty or impossibility may be general and linked to the local context, or may be particular to the applicant. In other words, if the post considers that it is reasonably possible to obtain a travel document, this document must be presented when the application is submitted, or, at the latest, when the visa is issued.

On the other hand, the applicant must be able to demonstrate their full identity by other means of proof. The competent Belgian diplomatic or consular post will determine the alternative documents that can be presented to demonstrate the identity of the applicant in the specific local context (e.g. a birth certificate, a family record book, a document issued by the UNHCR, etc.). These documents may change, depending on the evolution of local practices or local policies, which may make the submission of a specific document easier or harder. It also takes into account the practice of the other Schengen states regarding the documents that are generally accepted.

The applicant without a valid travel document, and is unable to obtain such a document, may apply for a laissez-passer. However, this laissez-passer will not be issued automatically. The applicant must explain why they cannot present a valid travel document. The Immigration Office will only issue a laissez-passer if this statement is credible.

Finally, applicants who do not present a travel document to which a visa D can be affixed must have their fingerprints taken. [Article 30bis, §2, 1° of the Act of 15 December 1980]

Acceptance of the application

The general rule is that family members wishing to come and live in Belgium with a foreigner who is legally residing there must submit a complete file with their visa application.

It may be difficult to form a complete file, especially when the family members of a foreigner who enjoys international protection in Belgium are, in a country other than the country of which they are a citizen, in a precarious situation.

However, the date of submission of the visa application is essential. After all, if the application is submitted late, the family members could lose their right to family reunification or might no longer enjoy the more favourable conditions for family reunification.

It is therefore important that the family members of a foreigner to whom Belgium has granted refugee status or subsidiary protection submit their visa application in a timely manner, regardless of whether their file is complete or incomplete.

Thus, their visa application will be accepted once the following documents are submitted:

• a completed, dated and signed application form;
• proof of payment of the visa fee, unless the applicant is exempt;
• a personal travel document to which a visa may be affixed, or, if the applicant cannot present this document, another proof of their identity (or several other proofs of their identity) to which the competent Belgian diplomatic or consular post gives credence (see Travel Document);
• proof that the sponsor is a foreigner to whom Belgium has granted refugee status or subsidiary protection.

Late submission of the visa application

A late submission of the application means that the application is submitted on a date when the applicant has lost their right to family reunification (for example, when the age condition imposed upon the sponsor or the applicant is no longer met), or after the date until which the applicant could qualify for the more favourable conditions for family reunification described above.

The right to family reunification remains, but it is recognised only if the applicant demonstrates, with documents, that the classical conditions for family reunification are met.

The applicant who wishes to enjoy the more favourable conditions must explain the reasons that prevented the timely submission of their visa application.

The circumstances that prevented the applicant from submitting their application on time will be investigated by the Immigration Office.