Exceptional circumstances (article 9bis)

The application for a residence permit must contain proof of identity.

Acceptable identification documents include: a recognised international passport, or equivalent travel document, or a national identity card. These documents do not necessarily have to be valid. 

The following applicants do not need to include an identity document with their application:

1. Applicants for international protection whose application has not been the subject of a final decision, or who has lodged an appeal for administrative cassation declared admissible in accordance with Article 20 of the Laws of the Council of State, coordinated on 12 January 1973, until such time as a decision rejecting the admissible appeal is handed down;
2. Applicants who can validly prove that they are unable to obtain one of the above-mentioned identity documents in Belgium.

The application for a residence permit must contain an explanation of the exceptional circumstances justifying why the application is being submitted in Belgium.

Applicants must demonstrate that it is impossible or especially difficult for them to return to their country of origin or to a country where they are authorised to stay, in order to apply for a residence permit in accordance with Article 9, paragraph 2 of the Law of 15 December 1980 (application for a D visa at the competent diplomatic or consular post).

NB: A long stay in Belgium, or integration into Belgian society, is not, in itself, an exceptional circumstance justifying an application for a residence permit in Belgium.

The Immigration Office (department 9bis) assesses exceptional circumstances on a case-by-case basis.

In accordance with Article 9bis, the following cannot be considered as exceptional circumstances and are declared inadmissible:

1. elements that have already been invoked to support an asylum application within the meaning of Articles 50, 50bis, 50ter and 51 of the Law and that have been rejected by the asylum authorities, with the exception of elements that have been rejected because they do not meet the criteria of the Geneva Convention as stipulated in Article 48/3 of the Law and the criteria provided for in Article 48/4 of the Law with regard to subsidiary protection, or because they do not fall within the competence of these authorities;
2. elements that should have been invoked during the asylum procedure in accordance with Articles 50, 50bis, 50ter and 51 of the Law, insofar as they existed and were known to the applicant before the procedure was completed;
3. elements that have already been invoked in a previous application for a residence permit in Belgium, with the exception of elements invoked in the context of an application deemed inadmissible on account of the required identity documents being absent, or on account of non-payment or incomplete payment of the contibution fee referred to in Article 1/1 of the Law, and with the exception of elements invoked in previous applications which have been withdrawn;
4. elements that have been invoked in the context of an application for a residence permit on the basis of Article 9ter of the Law of 15 December 1980.

The municipal administration will check whether the person actually resides at the address indicated within 10 days of submitting the application for a residence permit.

If the investigation is positive, the municipal administration will transmit the application for a residence permit to the Immigration Office for examination and decision.

If the investigation is negative, the municipal administration will refuse to consider the application and will inform the applicant and the Immigration Office. The application will not be transmitted to the Immigration Office.   

A person who has submitted multiple applications for a residence permit for which the examination is not yet completed (no decision), shall be deemed to have withdrawn these applications. Consequently, the Immigration Office will make its decision on the basis of the elements invoked in the last application.

The Immigration Office (department 9bis) will examine whether the application for a residence permit is admissible. If it is not admissible, it will inform the applicant (via the municipal administration) and their lawyer.

The application is not admissible in the following cases:

1. The proof of payment of the contibution fee is not enclosed (unless the applicant is exempt);
2. The copy of the identity document is not enclosed and the applicant does not provide a valid explanation;
3. There are no exceptional circumstances justifying the submission of the application for a residence permit in Belgium rather than abroad, with the competent Belgian diplomatic or consular post.

If the application for a residence permit is admissible, the Immigration Office (department 9bis) will examine the reasons why the applicant wishes to stay in Belgium for more than 90 days.

If the Immigration Office accepts the application, the municipal administration will register the applicant in the Register of foreign nationals and issue them with an A card (limited stay), or a B card (unlimited stay). The type of card depends on the reasons for granting the residence permit.

If the Immigration Office refuses the application, it will inform the applicant (via the municipal administration) and their lawyer. An appeal may be lodged against this decision. However, this appeal does not have suspensive effect. The decision rejecting the application for an entry residence permit will therefore take effect immediately.

A person wishing to extend their stay must apply for the renewal of their A card at the municipal administration of their place of residence, and present the documents proving that they meet the conditions for the renewal of the A card.

The renewal must be requested between the 45^th and 30^th day before the date of validity of the A card.

The municipal administration will transmit the application to the Immigration Office (Long stay department) for examination and decision.

The above information is not exhaustive. It is therefore recommended that the reference texts be read in full:

• Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals (articles 9, 9bis and 9quater);
• Royal Decree of 8 October 1981 on access to the territory, residence, settlement and removal of foreign nationals;
• Circular of 21 June 2007 on the changes in the regulations on the residence of foreign nationals following the entry into force of the Law of 15 September 2006. 

http://www.ejustice.just.fgov.be/cgi_loi/loi.pl