The sponsor is a beneficiary of temporary protection status

 

[Articles 57/34 and 57/34/1 of the Law of 15 December 1980, amended by the Law of 10 March 2024 - Entered into force on 1 September 2024]

A foreign national who has been admitted to stay in Belgium as a beneficiary of international protection status may be joined by some family members (if the family already existed in the country of origin), under certain conditions. 

However, a distinction must be made between family members who themselves need temporary protection and those who do not need such protection.

Note: the new family members (family link created after the granting of temporary protection status to the joined foreigner) of a foreigner benefiting from temporary protection status can also join him/her if the conditions for family reunification are met. Read more in "Family reunification with a non-EU/EEA foreigner authorized to stay in Belgium for a limited period".

Family members 

[Article 57/34, §§1 and 2 of the Law of 15 December 1980, amended by the Law of 10 March 2024 - Entered into force on 1 September 2024]

Provided that they meet the conditions attached to residence, a residence permit of more than 3 months is granted to the following family members of a benefiting from temporary protection status:

  • his/her spouse;
  • the foreign national with whom he/she is linked by a registered partnership equivalent to marriage in Belgium, provided that the partners have a lasting and stable relationship and that they are both over 18 years of age;
  • the foreign national with whom he/she is linked by a partnership registered in accordance with a law, provided that the partners cumulatively meet the following additional conditions:

o have a stable long-term relationship. The stable and lasting nature of the relationship is established if the partners prove (a) that they have cohabited legally and continuously for at least one year prior to the application, or (b) if the partners prove that they have known each other for at least 2 years prior to the application and provide evidence that they have maintained regular contact by telephone, by ordinary mail or e-mail and that they have met 3 times in the 2 years prior to the application and that these meetings lasted for a total of 45 days or more, or (c) if the partners have a child in common.
o come live together;
o both be over 18 years of age;
o be unmarried and not be in a stable long-term relationship with another person;
o not be in case of impediment to marriage (sections 161-163 of the former Civil Code);
o not have been subject to refusal of marriage

  • his/her minor children and those of his/her spouse or partner, provided that they cumulatively meet the following additional conditions:

o be unmarried ;
o come to live with the foreign national joined before reaching the age of 18 ;
o the foreign national joined, his/her spouse or partner must exercise parental authority, including custody rights. If parental authority is shared, the other holder of parental authority must agree to family reunification.

  • his/her direct relatives in the ascending line (father and mother) provided that the foreign national joined is a minor and is not married and that his/her direct relatives in the ascending line cumulatively meet the following additional conditions:

o exercise parental authority, including custody rights;
o come to live with the foreign national joined before he/she reaches the age of 18.

To be eligible for family reunification, family members must also cumulatively meet the following conditions: 

  • the family already existed in the country of origin at the time of the events that led to a mass influx of displaced persons;​
  • the separation of the family is due to the events that led to a mass influx of displaced persons;
  • they are personally eligible for temporary protection status;
  • they are outside the territory of the Member States of the European Union.
Other close relatives

[Article 57/34, §3 of the Law of 15 December 1980, amended by the Law of 10 March 2024 - Entered into force on 1 September 2024]

Provided that they meet the conditions for residence, a residence permit for more than 3 months may be granted to the other close relatives of a foreign national benefiting from temporary protection status if, at the time of the events that led to a mass influx of displaced persons, they were living with that foreign national and were wholly or mainly dependent on him/her.

Application for family reunification

The family member must be outside the territory of the Member States of the European Union. Therefore, he/she must submit his/her application for family reunification to the Belgian diplomatic or consular post responsible for the place where he/she resides abroad.

If the family member meets the conditions for family reunification, the Immigration Office will grant him/her a  .

Documents to be submitted with the application for a D_visa (family reunification)

The family member must submit:

  • the documents proving that he/she meets the conditions for family reunification;
  • a medical certificate proving that he/she is not suffering from one of the illnesses listed in the annex to the Law of 15 December 1980 ;
  • an extract from the criminal record or an equivalent document, if he/she is over 18 years of age.

In general, the applicant must submit official documents in accordance with article 30 of the Law of 16 July 2004 on the Code of Private International Law or international conventions on the same subject to establish his/her relationship or relationship through marriage to the foreign national being joined.

Special provision: if the applicant cannot provide proof of the family relationship or relationship through marriage by means of official documents, the Immigration Office may take into account other valid evidence produced regarding this relationship. 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, paragraph 2 of the Law of 15 December 1980]

In Belgium

The family member must present his/her passport and D_visa to the municipal administration of the place where he/she resides in Belgium within 8 days following his/her arrival. 

The municipal administration issues an and commissions a residency investigation. If the outcome of this investigation is positive, the municipal administration will enter the name of the family member in the register of foreign nationals and issue an A card valid for the duration of the temporary protection (currently 04.03.2025).

[Article 57/34/1 of the Law of 15 December 1980, amended by the Law of 10 March 2024 - Entered into force on 1 September 2024]

Family members 

Provided that they meet the conditions for residence, a residence permit for more than 3 months may be granted to the following family members of a foreign national benefiting from temporary protection status who are unable to provide sufficient proof that they themselves need temporary protection:

  • his/her spouse;
  • the foreign national with whom he/she is linked by a registered partnership equivalent to marriage in Belgium, provided that the partners have a lasting and stable relationship and that they are both over 18 years of age;
  • the foreign national with whom he/she is linked by a partnership registered in accordance with a law, provided that the partners cumulatively meet the following additional conditions:

o have a stable long-term relationship. The stable and lasting nature of the relationship is established if the partners prove (a) that they have cohabited legally and continuously for at least one year prior to the application, or (b) if the partners prove that they have known each other for at least 2 years prior to the application and provide evidence that they have maintained regular contact by telephone, by ordinary mail or e-mail and that they have met 3 times in the 2 years prior to the application and that these meetings lasted for a total of 45 days or more, or (c) if the partners have a child in common.
o come live together;
o both be over 18 years of age;
o be unmarried and not be in a stable long-term relationship with another person;
o not be in case of impediment to marriage (sections 161-163 of the former Civil Code;
o not have been subject to refusal of marriage

  • his/her minor children and those of his/her spouse or partner, provided that they cumulatively meet the following additional conditions:

o be unmarried ;
o come to live with the foreign national joined before reaching the age of 18 ;
o the foreign national joined, his/her spouse or partner must exercise parental authority, including custody rights. If parental authority is shared, the other holder of parental authority must agree to family reunification.

  • his/her direct relatives in the ascending line (father and mother) provided that the foreign national joined is a minor and is not married and that his/her direct relatives in the ascending line cumulatively meet the following additional conditions:

o exercise parental authority, including custody rights;
o come to live with the foreign national joined before he/she reaches the age of 18.

To be eligible for family reunification, family members must also cumulatively meet the following conditions: 

  • the family already existed in the country of origin at the time of the events that led to a mass influx of displaced persons;
  • the separation of the family is due to the events that led to a mass influx of displaced persons;
  • the foreign national being joined must have stable, sufficient and regular means of subsistence to support himself and his family members in order not to become dependent on public authorities (120% of the social integration income).

This condition does not apply:

  • to direct relatives in the ascending line of a minor beneficiary of temporary protection status ;
  • if the beneficiary of temporary protection status is joined only by his/her minor children or those of his/her spouse or partner;
  • if the application for family reunification is submitted within a year following the decision granting temporary protection to the foreign national being joined.
  • the foreign national being joined must have sufficient accommodation to receive the family member(s) applying to join him/her;

This condition does not apply:

  • to direct relatives in the ascending line of a minor beneficiary of temporary protection status;
  • if the application for family reunification is submitted within a year following the decision granting temporary protection to the foreign national being joined.
  • the foreign national joined must have a sickness insurance covering all risks in Belgium for him/herself and his/her family members;

This condition does not apply:

  • to direct relatives in the ascending line of a minor beneficiary of temporary protection status ;
  • if the application for family reunification is submitted within a year following the decision granting temporary protection to the foreign national being joined.
  • the family member must not be suffering from one of the illnesses listed in the annex to the Law of 15 December 1980.
Other close relatives

Provided that they meet the conditions for residence, a residence permit for more than 3 months may be granted to the other close relatives of a foreign national benefiting from temporary protection status if, at the time of the events that led to a mass influx of displaced persons, they were living with that foreign national and were wholly or mainly dependent on him/her.

Application for family reunification

The family member does not necessarily have to be outside the territory of the Member States of the European Union. Therefore, he/she can submit his/her application for family reunification to the Belgian diplomatic or consular post competent for the place where he/she resides abroad or to the municipal administration of the place where he/she resides in Belgium.

If the family member meets the conditions for family reunification, the Immigration Office will grant him/her a  .

Documents to be submitted with the application for a D_visa (family reunification)

The family member must submit:

  • the documents proving that he/she meets the conditions for family reunification;
  • a medical certificate proving that he/she is not suffering from one of the illnesses listed in the annex to the Law of 15 December 1980 ;
  • an extract from the criminal record or an equivalent document, if he/she is over 18 years of age.

In general, the applicant must submit official documents in accordance with article 30 of the Law of 16 July 2004 on the Code of Private International Law or international conventions on the same subject to establish his/her relationship or relationship through marriage to the foreign national being joined.

In Belgium
  • Arrival with a D_visa

The family member who has obtained a D_visa must go to the municipal administration of the place where he/she resides in Belgium within 8 days following his/her arrival. 

Upon presentation of his/her passport and the D_visa, the municipal administration issues an and commissions a residency investigation. If the outcome of this investigation is positive, the municipal administration will enter the name of the family member in the register of foreign nationals and issue an A card valid for the duration of the temporary protection (currently 04.03.2025).

  • Application submitted in Belgium

The Law of 10 March 2024 does not contain any provisions regarding the submission of an application for family reunification in Belgium. In anticipation of a royal decree, the Immigration Office has suggested a practical procedure to municipal authorities.