Irregular stay

Here, you will find information on the approach taken by Belgium to organise the return of

Plural of the word foreigner which refers to anyone who does not provide proof of Belgian nationality.

illegally residing on Belgian territory to their country of origin.

There are several forms of irregular stay, such as:

• a foreign national staying in Belgium beyond the validity of their

  an authorisation issued by a Member State or a decision taken by such State which is required with a view to entry for an intended stay in that Member State or in several Member States, or for transit through the territory of that Member State or several Member States.

  ;
• a foreign national who is not subject to a visa requirement and who stays in Belgium for more than 90 days within a 180-day period;
• a rejected applicant for

  A person who flees his country due to a fear of persecution or a risk of serious harm, can obtain international protections within anoter country's borders. The person must ask  for asylum in this other country.

  who remains in Belgium after the expiry of the imposed term;
• a student who does not return to their country of origin at the end of their studies;
• a foreign national who enters the territory or resides there irregularly.

When a

anyone who does not provide proof of Belgian nationality.

is apprehended while residing in the country irregularly, they are, in principle, given an order to leave the territory. This document states that the foreign national must leave the territory of Belgium and/or the

twenty-nine member states are part of the Schengen area: Austria, Belgium, Bulgaria, Switzerland, the Czech Republic, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Croatia, Hungary, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Malta, the Netherlands, Portugal, Norway, Poland, Romania, Sweden, Slovenia and Slovakia. 

within a certain period. This is stated in the decision.

Foreign nationals who receive an

As a general rule, an order to leave the territory (OLT) is issued to foreign nationals whose application for residence has been rejected.

In addition, this order is also issued to foreign nationals :

• who are found to have expired the period during which they are authorised to reside in the country and who are, therefore, living illegally.
• who are found to have resided in the Kingdom without the required residence documents and/or means of subsistence. If the person concerned has already received an OLT, they will not receive a new one, but the OLT already issued will be confirmed.

are supposed to choose

A voluntary return refers to an individual’s decision to return to their country of origin or a third country’s territory where they are allowed to stay. This decision is made independently and is sometimes facilitated by a program of assisted voluntary return organised by government authorities.

in the first instance. If necessary, the authorities assist with the return. The Belgian government prioritises to the voluntary return of foreign nationals in

the presence on the Belgian territory of a foreigner who does not fulfil the conditions for access or stay in Belgium.

. If foreign nationals refuse to leave the country, they can be arrested by the police and held by the Immigration Office in a detention centre with a view to their removal. This situation is called a forced return.

These sections provide information about the steps to take if you have received an order to leave the territory, your rights and obligations (such as the obligation to cooperate), the support offered, the advantages of a rapid departure, the identification and pre-identification procedure and the organisation of your return.

The Immigration Office can carry out a forced return when an order to leave the territory is not respected. Here, you will find an explanation of this procedure and what detention involves.

In some cases, an entry ban may accompany an order to leave the territory.

Furthermore, the Law of 15 December 1980 provides for the possibility of terminating the residence of persons who have obtained a residence permit if these persons represent a severe threat to public order or national security.

You can find information about the possibilities of appeal here.