The Immigration Office may impose a fine of 200 euros (€) on a foreign national who fails to comply with the obligations set out in Articles 4bis, 41, 41bis, 42, 42quinquies and 42octies of the Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals.
If the foreign national is a minor, the fine is issued to their legal representative, or to the natural or legal person responsible for their education and/or subsistence.
Fines may be accumulated in the event of multiple offences, or if the foreign national remains in breach after a first fine.
Sanctioned foreign nationals must pay the fine immediately, even if they do not agree and/or intend to appeal against the decision of the Immigration Office. In the event of non-payment, the Immigration Office will inform the Cadaster, Registration and Domains administration (FPS Finance), which will pursue the recovery of the fine.
The Immigration Office can fine a foreign national up to 200 euros (€) if they fail to comply with the following obligations:
- Obligation imposed on any person who is not a Belgian national
At the external borders of the Schengen area: obligation to enter and leave through an authorised crossing point during the standard opening hours.
In Belgium, the authorised border crossing points are the airports of Brussels-National, Ostend, Deurne, Bierset, Gosselies and Wevelgem, the ports of Antwerp, Ostend, Zeebrugge, Nieuwpoort, Ghent and Blankenberge, and the railway station of Brussels-Midi (Eurostar Terminal).
- Obligations imposed on citizens of the European Union and the European Economic Area (Iceland, Lichtenstein, Norway), Swiss nationals and members of their families who are themselves citizens of the Union, the European Economic Area or Swiss nationals
- At the external borders: obligation to be in possession of a valid identity card or national passport;
- For a short stay: obligation to be in possession of a valid national identity card or passport when travelling within the territory;
- For a short stay: obligation to report to the municipal administration of the place of residence within 10 working days, commencing from the date of entry into Belgium;
- For a long stay: obligation to request a registration certificate from the municipal administration of the place of residence within 3 months, starting from the date of entry into Belgium.
A short stay is a stay of 90 days or less.
A long stay is a stay of 90 days or more.
- Obligations imposed on family members of citizens of the European Union, the European Economic Area (Iceland, Lichtenstein, Norway) and Swiss nationals, when they are not themselves citizens of the Union, the European Economic Area or Swiss nationals
- At the external borders: obligation to be in possession of a valid national passport, containing a visa if necessary, or a valid travel document authorising entry without a visa;
- For a short stay: obligation to be in possession of a valid national passport, containing a visa if necessary, or a valid residence permit authorising entry without a visa, when travelling within the territory;
- For a short stay: obligation to report to the municipal administration of the place of residence within 10 working days, commencing from the date of entry into Belgium;
- For a long stay: obligation to apply for a residence card as a family member of a citizen of the European Union at the municipal administration of the place of residence within 3 months from the date of entry into Belgium;
- Obligation to apply for a residence permit certifying permanent residence before the expiry of the residence permit certifying the right of residence.
The fine must be paid immediately, even if the sanctioned foreign national does not agree or intends to appeal against the decision of the Immigration Office.
The fine may be paid by the sanctioned foreign national or by a third party, preferably into the account of the Immigration Office:
- IBAN: BE35 6792 0060 9437
- BIC: PCHQBEBB
- Communication: the department of the Immigration Office that made the decision must be indicated, along with the surname, first name and date of birth of the sanctioned foreign national.
The amount of the fine can also be paid into the account of the Caisse des Dépôts et Consignations:
- IBAN: BE58 6792 0030 327
- Communication: the surname, first name and date of birth of the person making the payment must be indicated.
At the same time, the person paying the amount must send a letter to the Caisse des Dépôts et Consignations giving the following information: their surname, first name, address, account number, the amount paid, the full identity of the sanctioned foreign national and the reason for the deposit. The person must also attach a copy of the decision of the Immigration Office to their letter.
Standard letter (template) Letter for the Caisse des Dépôts et Consignations
NB: Payment of the fine into the account of the Caisse des Dépôts et Consignation is not recommended, unless the sanctioned foreign national intends to appeal against the decision of the Immigration Office.
The sanctioned foreign national may lodge an appeal with the Court of First Instance within one month of being notified of the decision of the Immigration Office.
The court must give its decision within one month of the appeal being lodged.
If the court declares the appeal admissible and well-founded, the amount paid or deposited will be refunded.
A foreign national sanctioned for an offence under Article 4bis, §1, of the Law of 15 December 1980 may request refund of the amount of the fine paid or deposited with the department of the Immigration Office which took the decision.
They must complete this document and send it back by e-mail, together with the proof of payment of the fine or the deposit of the amount of the fine.
- Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals;
- Royal Decree of 17 April 2016 on the modalities of payment of the administrative fines referred to in Articles 4bis, 41, 41bis, 42 and 42quinquies of the Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals
- Circular of 16 June 2016 on the application of administrative fines of €200 under the Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals
These texts are published on the FPS Justice website: http://www.ejustice.just.fgov.be