Belgium - Family reunion




Eligibility and conditions score around halfway to best practice. The government used the occasion of the transposition of the EC Directive on family reunion to raise the minimum age for sponsors and spouses to 21 in certain cases. A sponsor can be reunited after a year or less with his unmarried minor children and his adult handicapped children. Under favourable conditions, sponsors do not have to prove sufficient economicresources, and family members do not have to complete a language or integration course (see box). Reunited families are partially secure in their status. Their rights would meet best practice with two improvements: if adult family members could enjoy equal access to employment as their sponsor, and if all family members - not just spouses and adult children - could obtain autonomous residence permits.


New law has mixed impact on security and conditions for family reunion
The 15th September 2006 law transposing the EC Directive on family reunion improved Belgium's score on one indicator but weakened it on two others. Sponsors must prove sufficient accommodation for their family, although this is not yet defined by the Council of Ministers. Transposition also added two new grounds for an application to be rejected or a status to be withdrawn. Dependents must prove their need for an effective family life and families must prove that any marriages, partnerships or adoptions were not concluded solely to enter and stay in Belgium. However, the procedure itself may shorten since Article 10 now limits it at 9 months; previously, procedures could last 12 to 15 months. If authorities do not answer, migrants can consider the application accepted. 


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Belgium - Overview
Belgium - Labour market access
Belgium - Family reunion
Belgium - Long-term residence
Belgium - Political participation
Belgium - Access to nationality
Belgium - Anti-discrimination
Belgium - Public perceptions
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