Belgium - Long-term residence




Belgium ranks at least third out of the 28 MIPEX countries on three dimensions of long-term residence policies, but falls to 18th on eligibility. Migrants must live in Belgium for five years and only leave the country for short periods. Since the 15th of September 2006 law which transposed the EC Directive on long-term residence, applicants can count half their time studying in Belgium and all their time (under certain conditions) awaiting a positive asylum decision towards the residence requirement. Belgium would attain best practice on its favourable conditions if the state capped the procedure at six months and removed fees. Long-term residents are partially secure in their status (see box). They have favourable rights, including equal access as Belgian nationals to most employment, social security, healthcare, housing, and free movement and residence within the EU. Belgium would attain best practice on rights if the law explicitly allowed them to hold a long-term residence permit in another Member State.


Most favourable security of long-term residence
Long-term residents are most secure in their status in Belgium and SE. Those born or socialised in the country, under 18, or resident for over 20 years cannot be expelled. In any case, expulsion decisions must, by law, take into account many aspects of a long-term resident's personal circumstances. Belgium would attain best practice with two improvements: if long-term residents could leave the country for three years, and if they could only lose their permit if found guilty of committing fraud to acquire it or serious crimes. 


Results by strand

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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