Criteria and conditions

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Certain family members of beneficiaries of international protection enjoy the right to join the beneficiary in Belgium through family reunification.^[1] The legal basis for family reunification is Article 10 Aliens Act.

In 2024 13,102 applications for family reunification with a beneficiary of international protection in Belgium were introduced, covering 42.3% of all visa applications for family reunification. This is a steady increase in comparison to previous years (27,12% in 2022 and 38,32% in 2023). 7,598 decisions concerning applications for family reunification with a beneficiary of international protection in Belgium were taken, 46% of which were granted and 54% refused.[2] There is an increase in the requirement to prove family ties through a DNA test. If the applicant and the sponsor voluntarily undergo a DNA test to establish kinship and the result is positive, the original negative decision is reversed and the application is approved.[3] These negative decisions because of lacking DNA tests lead to an overestimation of the negative decisions.[4]

For many years, several organisations such as UNHCR and the Federal Migration Centre (Myria) have raised the issue of the multiple obstacles that beneficiaries of international protection in Belgium encounter in their attempts to be reunited with their family.^[5] The following obstacles are highlighted:

• obstacles encountered in submitting a visa application, including the obligation for family members to present themselves in-person at the Belgian diplomatic post (see below);
• the narrow definition of the family members of a beneficiary of international protection and the long and uncertain procedure for humanitarian visas;
• the strict conditions for family reunification where the application could not be submitted within one year of recognition or granting of international protection status,
• the complexity of proving family ties and regular recourse to DNA testing;
• the high financial cost of the procedure; ^[6]
• the lack of legislative framework on several aspects such as incomplete applications, the identity documents that can be considered etc.;
• the lack of information, advise and professional support for the application procedure.

A recurring issue is the lack of support in the family reunification procedure by professional services. Due to the increasing complexity of the procedure and the many disfunctions of the procedure in practice, the success of an application for family reunification with a beneficiary of international protection depends almost entirely on whether the family receives professional support. This is especially the case for reunification with unaccompanied minors. Due to a lack of sufficient organisations and lawyers who can offer this professional support, many families are unable to realise their right to family reunification.^[7]

On 18 August 2025, a new law on family reunification entered into force,^[8] affecting procedures and conditions for family reunification for all types of family reunification (protections status, EU citizens, etc.). The law change was voted by the parliament in the context of a crisis regulation procedure,[9] despite concerns raised by the Federal Migration Centre Myria[10] and by the Council of State in its advice on the draft law.[11] A ruling of the Constitutional Court however suspended some of the measures related to family reunification with beneficiaries of international protection (see below).

The main changes introduced by the law of 18 July 2025 can be summarized as follows:^[12]

Specifically for beneficiaries of subsidiary protection:

• New delay of two years after obtaining their status before a family member who is still abroad can apply for family reunification.[13] An exception is made when the person is joined only by minor children and/or handicapped children above 18.[14] (suspended)
• Minor children with subsidiary protection cannot be joined by their parents through family reunification any more at all. These parents will have to refer to the (much more insecure) procedure of a humanitarian visa.[15]
• Abolishment of the (previously) 1 year grace period during which persons with subsidiary protection can be joined by their family members under more favourable conditions (no condition of sufficient means, housing, healthcare insurance, etc.).[16] If the person is only joined by their minor children and/or handicapped child above 18 and under the condition that the relation already existed before their arrival in Belgium, there is still the exception under which they will not have to provide proof of sufficient means of income.[17] (suspended)
• There is no longer a right to family reunification if the family was not existing before the sponsors’ arrival in Belgium as long as the person with subsidiary protection does not have permanent stay (marriages concluded after arrival in Belgium, child born after arrival in Belgium)[18]
• No obligation to take into account proof other than the official documents, for the establishment of family ties (such as DNA or blood tests)[19] (suspended)

Specifically for persons having international protection:

• The grace period is shortened from 1 year to 6 months.[20] The grace period depicts the period after a positive decision in the application for international protection, during which the persons are exempted from providing proof of:
  • Sufficient housing
  • Sufficient financial means
  • Sufficient healthcare insurance

Within 6 months after the positive decision, a ‘beginning of proof’ needs to be provided of;

• The identity of the applicant
• Family ties with the sponsor family member in Belgium.

An additional four months is granted to complete the file, meaning the application needs to be complete within 10 months in total.

Applicable to both beneficiaries of subsidiary protection and refugee status:

• Family members accompanying the person to Belgium can apply for family reunification from the Belgian territory and no longer have to proof exceptional circumstances as to why they are not able to apply at the competent embassy abroad.[21] This is the case for both family reunification with persons having obtained subsidiary protection and international protection. The condition is however that the relationship existed before their arrival in Belgium, and the family member themselves is on the territory as an accompanying family member.
• The age requirement for family reunification is lifted: instead of 18, both partners have to be at least 21 years old. However, if the partner has accompanied the person in Belgium, the age remains 18.[22]
• Elevation of the reference income to prove ‘sufficient means’. Before the law change, 120% of the social revenue amount (“leefloon” – living wage) was sufficient. For 2026 this would be 2,173.88 euro. However, with the law change the reference is 110% of the average guaranteed minimum monthly income (GGMI). This is currently set at 2,369.52 euro netto, a 10% extra is added per family member.[23] This is not applicable in so far the application is done within the grace period or the family member is exempted from this condition (i.e. if the person is joined only by minor children and/or handicapped child above 18 years of age). This counts as reference: under this amount, the Immigration Office may not automatically refuse but must, as was also the case under the old law, conduct a “needs-based analysis”.

The law of 18 July provides for transitory measures.[24] The above changes are thus not applicable to persons having received a protection status before 18 August 2025 and under the condition the family reunification application is done within two years after the coming into force of the law. This also means that the law provides that persons having received subsidiary protection before 18 August 2025 may still be joined by eligible family members without the 2 years waiting period being applied.

Suspension by the Constitutional Court

On 26 February 2026, the Constitutional Court has suspended some but not all of the above law changes and referred questions to the European Court of Justice.[25] It judged that the some of the law changes constituted a risk to irreversible serious harm. The Court was of the opinion that there was potential breach of the principle of equality and non-discrimination in the differentiation between:

• Family members of persons with subsidiary protection present on the territory on the one hand and family members still abroad on the other;
• Family members of persons with refugee status that are abroad on the one hand, and family members of persons with subsidiary protection status that are abroad on the other

The Constitutional Court referred to the European Court of Justice for a preliminary ruling on questions related to the validity of certain aspects of Directive 2003/86/EC, Directive 2011/95/EU and Regulation 2024/1347, and their compatibility with the European Charter of Fundamental Rights; to the differential treatment between family members of recognized refugees and family members of persons with subsidiary protection who are abroad; to the concept of “family members” of beneficiaries of international protection; and to the different treatment of family members of beneficiaries of subsidiary protection on the basis of their presence on the territory.[26]

The suspended measures are not applicable anymore as of 2 March 2026. These are the following:

• The 2 years waiting period to apply for family reunification for the family members of persons with subsidiary protection that are still abroad;
• Obligation to pay a retribution: as before, no contribution needs to be paid;
• The non-applicability of the grace period: beneficiaries of subsidiary protection can again be exempted from the material conditions (sufficient means of income, housing, healthcare insurance) if the application was done within 6 months after obtaining the protection status;
• The possibility to not take into consideration DNA or blood tests to prove family ties.

These measures will remain suspended until the European Court of Justice has answered the referred questions, after which there will be either:

• An annulment decision, after which the measures in the law will become redundant;
• Or a decision to dismiss, after which the measures in the law will again become applicable.

As the Constitutional Court ruled on the facts in the case brought before it, it did not rule on the impossibility of unaccompanied minors with subsidiary protection to be reunited by their parents, nor on the possibility for beneficiaries of subsidiary protection to be reunited by family members if the family was not yet existing before arrival in Belgium. These measures are challenged before the Constitutional Court in an annulment appeal introduced by a coalition of 25 organizations, uniting civil society and unions. [27] Such procedure may however take up to 2 or 3 years.

Focus on specific countries

Afghanistan

In their 2022 report, Myria indicates the long lasting specific issues that are encountered by Afghan family members since the take-over of power by the Taliban. Whereas the need for protection of these family members is often high, it has become almost impossible to gather the necessary documents and travel to the Belgian diplomatic post in Islamabad, Pakistan. It has been observed that in practice there is little leniency with the required documents for family reunification, and motivation on why certain documents cannot be obtained remain important.[28] The obstacles in the procedure are reflected in the numbers; 34% of the applications for family reunification of Afghan nationals (with third  country nationals) was refused in 2024.[29] Myria has published a specific report, highlighting obstacles and formulating recommendations on this topic.^[30] Along with Somalians and Eritreans they are in the top three nationalities most often invited for a DNA-test (impacting the refusal rate).[31]

Palestine

• Prioritisation of demands and visa applications from distance

The Immigration Office processes visa applications from Palestinians in Gaza as a priority but not more leniently than usual.^[32] Applicants must prove (as best they can) that they meet all the ordinary conditions. Due to the Afrin judgement[33], family members of beneficiaries of international protection can present their family reunification visa application via e-mail. This also applies to extended family reunification using humanitarian visa (as per a communication by the ministry of Foreign Affairs in December 2023). This is applicable to family members who have no right to official family reunification but are still related in the 1^st degree. While the Belgian Immigration Office only allows for applications for family reunification[34], national courts have ruled on several instances that also humanitarian visa (which are not combined with family reunification) applications should be accepted without physical appearance at the embassy:

• In February 2024, the Brussels Court of First Instance forced the Belgian State to accept an application for a humanitarian visa by email.^[35] It stated that the requirement for the family members in Gaza to introduce the application in person could lead to a violation of the right to family life enshrined in Article 8 of the ECHR.^[36]
• This judgement was confirmed (after appeal from the Belgian state) by the Brussels Court of appeal on 30 December 2024, obliging the Belgian state to implement procedures that render it possible for family members of persons with refugee status to apply for a humanitarian visa without personal appearance, making sure that such procedure is flexible, quick and efficient.[37]

However, Myria has indicated that, according to the information available to them, the Immigration Office has since issued a decision denying the visa application in a number of those cases (after a lengthy processing period). It has also taken note of a court ruling in which the court did not accept the remote submission.[38] Despite the possibility to apply for visa via e-mail and the prioritisation of visa requests by people from Gaza, many practical issues remain, inter alia related to the requirements to obtain certain documents and the departure from Gaza.^[39]

• Evacuation list^[40]

The Consulate-General of Belgium in Jerusalem keeps an list (“evacuation list”) of persons who can be evacuated to Belgium. Requests must be registered on a waiting list and are treated by the crisis centre of the Foreign Affairs Ministry. Partners and minor children of Belgians or of beneficiaries of refugee status in Belgium can register on the list in case they have the right to access the territory on the basis of a residence permit or a valid visa. For adult dependent children, and for parents and minor siblings of an unaccompanied minor recognised as a refugee in Belgium, who have valid visa, the decision to register them on the evacuation list is taken on a case-by-case-basis. Certain other persons with a Belgian residence permit or visa can be allowed to register on the evacuation list, but this is rather a favour than a right. However, in August 2024, the Court of First Instance in Brussels obliged the Belgian State to register the spouse of a beneficiary of subsidiary protection in Belgium who had received a visa for family reunification but was not the evacuation list.^[41] This was confirmed by the Brussels Court of Appeal in February 2025.^[42]

Registration on this list does not guarantee an actual evacuation. In practice, the Belgian authorities will communicate the list of registered evacuees to the Egyptian/Jordanian and Israeli authorities. Only after these authorities have given their agreement, evacuation can take place. Following the closure of the border crossing with Rafah in May 2024, evacuations were no longer organized through Egypt (Rafah border crossing) but have been organized since March 2025 to Jordan (Kerem Shalom border crossing). Only if the Israeli and Jordan authorities give their approval, the individual is allowed to cross the border on a specific date (determined by Israel). In the period November 2023 to March 2024 (before closure Rafah border crossing) Belgium has reportedly evacuated approximately 500 persons. Between 12 March and 27 May 2025, 38 persons have been evacuated.[43] In October 2025 it was reported that an additional 75 persons have been evacuated.[44]

Despite persons having been evacuated after this date, the evacuation list was closed in April 2025. Belgium now wants to prioritise the evacuation of the persons already registered on the evacuation list. For people who were not yet on the evacuation list in April, it is unclear for now what their prospects of evacuation are.^[45]

Eligible family members

The following categories of persons may join a beneficiary in Belgium:

• A spouse, equalled partner,^[46] or registered partner;
• An underage and unmarried child;
• A child of age with a disability;
• A parent of an unaccompanied child with refugee status or who has obtained subsidiary protection before 18 August 2025
• A parent accompanying a child with protection status

As for the latter, the law of 18 July 2025 created a distinction between family members abroad and accompanying family members (meereizend/voyageant avec).[47] Under ‘accompanying’ family member, the following is understood:

• The family member who is in Belgium in relation to a request for international protection or residence based on statelessness, but does not themselves fulfil the conditions for obtaining such status (in practice, the person must present a final negative decision);
• The family tie was already existing before arrival in Belgium

To reunite with a spouse or equalled partner, certain conditions must be fulfilled:^[48]

• Both partners have to be over the age of 21, or 18 y/o if they are both in Belgium for an international protection application and the family bond already existed before arrival in Belgium.
• The spouse or equalled partner must come and live with the beneficiary in Belgium. Polygamous marriages are excluded, only one of the spouses can join the beneficiary.^[49] In practice an investigation to whether the marriage or equalled registered partnership is a marriage of convenience is often carried out. However, this does not suspend the family reunification procedure. If the investigation shows there is a marriage of convenience, the Immigration Office can revoke the right to residence.^[50]

The conditions for a registered partner are largely similar but require proof of a ‘stable and lasting’ relationship.^[51] This can be proven through:

• Having a common child, or;
• having lived together in Belgium or abroad for at least 1 year before applying, or;
• proof that both partners have known each other for at least 2 years and have regular contact by telephone or have met at least 3 times, amounting to a total of at least 45 days, during the 2 years preceding the application.[52]

The registered partners also must be unmarried and not be in a lasting relationship with another person.

Couples in a long and stable relationship but who are unmarried or did not have their relationship registered, do not qualify for family reunification. This poses inter alia problems for same-sex couples, who are often unable to marry or register their relationship in their country of origin. Consequently, the same-sex partner of a beneficiary of international protection in Belgium often does not qualify for family reunification and needs to apply for a humanitarian visa, which is not a right, but a favour granted by the Belgian government and the procedure for which is very complex.^[53]

Minor children wishing to join their parents residing in Belgium as a beneficiary of international protection have to be unmarried and set to live under the same roof as the parents. If a child wishes to join only one of his parents in Belgium, the situation depends on the custody arrangement. In the event of sole custody, a copy of the judgment granting sole custody will have to be provided. If custody is shared, consent of the one parent that the child can join the other parent in Belgium is required. The minority of the child needs to be determined on the moment of the application for international protection of the parent.^[54]

Children of age with a disability or handicap have the possibility to join their parent(s) with international protection if they provide a document certifying their state of health. In order be considered disabled, the person concerned has to be unable to provide for his/her own needs as a result of the disability. The child also has to be unmarried and come and live with the beneficiary.

If the beneficiary of the refugee status[55] is an unaccompanied child, the beneficiary’s parents can apply for family reunification.^[56] Following a CJEU^[57] ruling, the condition is that the child is a minor at the moment of the application for international protection.

If the child has already turned 18 on the moment of obtaining international protection, the application for family reunification must be done within three months after the positive decision. An application can still be done after these 3 months if there are “exceptional circumstances that objectively justify the late submission”.[58] It has however been observed that these “exceptional circumstances” are assessed in a very strict way. It does moreover not alter the fact that 3 months is very short with regards to gathering all the documents and taking the necessary steps.[59]

Since 2024[60] the right to family reunification with an accompanied child is embedded in the Aliens Act.[61] This was mainly with view on remedying situations in which only the child received a protection status based on child-specific persecution grounds (risk of female genital mutilation for example). In the past, the parent had then to rely on humanitarian regularisation. While the legislative change of 18 July 2025 has annulled the possibility for family reunification for this group, the parent that has accompanied the child can apply for family reunification on the condition the child was born already before arrival in Belgium.

To establish family ties, Belgian law foresees a cascade system.^[62] Ties are preferably proven by official documents, other valid proof or an interview or supplementary analysis (i.e., a DNA test). If an applicant is unable to produce official documents, the inability must be ‘real and objective’, meaning contrary to the applicants’ own will, such as Belgium not recognising the country concerned, an inability to enter into contact with the authorities or a specific situation in the country of origin such as not functioning authorities or authorities that no longer exist. If this inability is established, the Immigration Office can take other valid proof into account.^[63] In the absence of other valid proof, the Belgian authorities may conduct interviews or any other inquiry deemed necessary, such as a DNA test.^[64] In practice the Immigration Office makes little use of this cascade system and will often require expensive DNA-testing.^[65]

Note that as a consequence of the law change of 18 July 2025, regarding family reunification with a beneficiary of subsidiary protection, there is no longer an obligation on the Immigration Office to apply the cascade system, although this law change has been suspended for now.

Deadlines and material conditions

Beneficiaries of international protection are exempt from certain conditions such as adequate housing, health insurance and sufficient, stable, and regular means of subsistence during a so-called “grace period”. The law of 18 July 2025 reduced this grace period from 1 year to 6 months for beneficiaries of the refugee status and abolished the grace period for beneficiaries of subsidiary protection whose families members are abroad (although the latter has now been suspended).

The material conditions never apply to:

• Parents of an unaccompanied minor with refugee status;
• Beneficiaries of the refugee status joined only by their minor or disabled child;
• Parents accompanying their minor child with protection status

Within 6 months at least the following documents must be submitted:

• Proof of the applicant’s identity (i.e., the person abroad);
• Proof of the blood or family relationship with the sponsor.

In addition, a 4-month period is added within which the file must be completed.[66]

Attention: parents of minors having turned 18 during the procedure have only three months to apply after the decision granting the refugee status to the child.[67]

Myria has expressed concerns that these six months will further erode the effective application of the family reunification directive and points at the numerous obstacles rendering a timely application very difficult:

• The requirement to appear in person when submitting the visa application and the gaps in administrative practice whereby remote submission is permitted in certain cases;
• Obtaining, translating, and legalizing the required documents;
• The costs of the procedure;
• Obtaining an appointment at diplomatic missions and/ or service providers;
• The need to use a specialized service.[68]

[1]          More practical information can be found in: Myria, Le regroupement familial des bénéficiaires de protection internationale en Belgique, September 2019, available in French at: https://bit.ly/2TFM9T1.

[2]          Immigration Office, Activity Report 2024, p. 12, available in Dutch here.

[3]          Ibid.

[4]          As was also mentioned by Myria; ‘yearly report 2025: right to family life’, p. 13, available in Dutch here.

[5]          Myria, ‘Family reunification, still many obstacles’, 13 September 2024, available in Dutch here and in French here; UNHCR, Réunification familiale, available in French at: https://bit.ly/4crRseG; Myria, Year report migration 2023, Right to family life, available in French at: https://bit.ly/43AmAVk; Myria, Avis : Faciliter et soutenir les demandes de regroupement familial de réfugiés, April 2022, available in Dutch and French at : https://bit.ly/3m97Bk2.

[6]          Myria, Year report migration 2023, Right to family life, available in French here.

[7]          Myria, ‘Family reunification, still many obstacles’, 13 September 2024, available in Dutch here and in French here; more in detail: Myria, ‘Lack of assisting services while the family reunification procedure is complex’ in Myria, Year report migration 2023 – Right to a family life, available in French here and Dutch here, p. 20.

[8]          Law of 18 July 2025 ‘changing the 1980 Alien’s acts, concerning family reunification’, 18 July 2025 (and into force from 18 august 2025). Available in French, Dutch and German here.

[9]          News Belgium, Asylum and Migration: Package of crisis measures, 11 April 2025, available in French and Dutch here.

[10]         Myria, ‘The Easter Agreement infringes on the right to family life of foreign nationals’, 29 April 2025, available in Dutch here. Myria opiniated that the proposed measures infringed upon family life of foreign nationals, also pointing at the risk of counterproductive effects on integration as well as the effects of the measures on recognized refugees, while their situation needs special attention. For more critical remarks, see also: Vluchtelingenwerk Vlaanderen, ‘New law threatens to tear families apart: vulnerable children permanently separated from their parents’, 10 July 2025, available in Dutch here.

[11]         Raad van State, Advies 77.665/4, 19 May 2025, p. 19-21, available in Dutch and French here. The Council of State, in its advice on the law proposal, already voiced concerns with some of the provisions. It had, inter alia significant objections to the draft law imposing stricter conditions on individuals with subsidiary protection status compared to those with refugee status: it found that the justification that subsidiary protection is more ‘temporary’ in nature as opposed to refugee status, could not reasonably justify the measure and creates a risk of discrimination. Moreover did it consider the increase in the income requirement of the sponsor disproportionate as it unreasonably impedes the exercise of the right to family reunification, referring to CJEU ruling Chakroun.

[12]         Although some changes are invariably also applicable to other groups (temporary protection, stateless persons, …) the scope is confined to subsidiary protection and international protection. For a full overview of these measures, see; Myria, ‘yearly report 2025: right to family life’, p. 13, available in Dutch here.

[13]         Article 10bis §2/1 Aliens Act.

[14]         Article 10bis §2/1 4° Aliens Act.

[15]         Article 10bis §2/1Aliens Act does not mention this category.

[16]         Article 10 bis §2/1 Aliens Act does not provide for a grace period.

[17]         Article 10bis §2/1° Aliens Act.

[18]         Ibid.

[19]         Article 11 §1 4° Aliens Act.

[20]         Article 10 §2 Aliens Act.

[21]         Article 12bis §1 4° Alienst Act.

[22]         Article 10 §1 6° Aliens Act.

[23]         Article 10 §5 Aliens Act

[24]         Law of 18 July 2025 changing the 1980 Alien’s acts, concerning family reunification, published 8 august 2025 (and into force from 18 august 2025), chapter 3, Transitory measures, Available in French, Dutch and German here.

[25]         Constitutional Court, nr. 24/2026, 26 February 2026, available in Dutch here and in French here. See also: EMN, ‘Belgian Constitutional Court temporarily suspends stricter reception and family reunification rules’, 26 February 2026, available in Dutch, French and English here.

[27]         European Migration Network (EMN), 25 organisations challenge new family reunification law before Contitutional Court, 5 February 2026, available in English here.

[28]         Agentschap integratie en inburgering (agii), ‘Afghanistan: Asylum Applications and Assistance Since the Taliban Took Power’, (last updated) July 2024, available in Dutch here.

[29]         Myria, ‘Migration in numbers and rights, right to family life’, 2025, p. 15, available in Dutch here.

[30]         Myria, ‘Takeover of power by the Taliban in Afghanistan: absence of facilitation measures for applications for visa for family members’, April 2022, available in French and Dutch at: http://bit.ly/3ma0OGM

[31]         Myria, ‘Migration in numbers and rights, right to family life’, 2025, p. 13, available in Dutch here.

[32]         Agentschap Integratie en Inburgering, ‘Gaza: assistance and evacuation? Legal stay and rights of persons from Palestine territories’ consulted on 25 March 2024, available in Dutch at https://tinyurl.com/2x329r6n.

[33]         CJEU, C-1/23 Afrin, 18 April 2023

[34]         IBZ, Visa D Application (family reunification) under “how can I apply for a visa?”, available in Dutch, French and English here.

[35]         Francophone Brussels Court of First Instance, 2023/323/C, 2 February 2024, available in French at: https://tinyurl.com/2arxsswu.

[36]         For a legal analysis of this judgement see: ‘LC Brussels: Mandatory remote registration application for humanitarian visa for family members in Gaza of recognized refugees’, 21 February 2024, available in Dutch at: https://tinyurl.com/yeh35fjb.

[37]         Brussels Court of Appeal, 2024/KR/11, 30 December 2024, available in French here.

[38]         Myria, Gaza: Belgische bijstand en evacuaties & indienen van een visumaanvraag, available in Dutch here.

[39]         Myria, ‘Gaza: need for flexibility in the applications and treatment of requests for visa’, 26 July 2024, available in French here and in Dutch here.

[40]         For more information on the evacuation list, see: AGII, ‘Gaza: assistance and evacuations? Residence and legal position of persons from the Palestinian territories’, available in Dutch here.

[41]         Brussels Court of First Instance, Decision n° 2024/50/C of 14 August 2024, available in Dutch here.

[42]         Brussels Court of Appeal, Decision n° 2024/KR/60 of 11 February 2025, available in Dutch here.

[43]         Belgian Chamber of representatives, Beknopt verslag Commissie voor buitenlandse betrekkingen, COM 144, 17 June 2025, available in French and Dutch here.

[44]         VRT Nieuws, Opnieuw 75 mensen gerepatrieerd uit Gaza om ze in ons land te herenigen met familie, 27 October 2025, available in Dutch hereecu.

[45]         Myria, ‘Gaza strip: Belgian assistance, evacuations and visa applications’, 1 august 2025, available in Dutch and English here.

[46]         An equalled partner is a partner under a partnership registered in certain countries. These countries are Denmark, Germany, Finland, Iceland, Norway, the United Kingdom and Sweden. Article 12, Royal Decree of 17 May 2007 establishing the implementation modalities of the law of 15 September 2006 changing the law of 15 December 1980 on the regarding the entry, residence, settlement and removal of aliens, 31 May 2007, 2007000527, 29535.

[47]         Art. 10 §1, 4° Aliens Act

[48]         Article 10(1)(4) Aliens Act.

[49]         Children from a polygamous marriage are not excluded if they meet the general conditions: Constitutional Court, Decision No 95/2008, 26 June 2008.

[50]         Articles 11(2) and 12-bis Aliens Act.

[51]         Article 10(1)(5) Aliens Act.

[52]         Article 10 §1 1° c Aliens Act.

[53]         On this and other categories of family members who don’t fall within the scope of the ‘family concept’ of the Belgian family reunification procedure: Vluchtelingenwerk Vlaanderen, Family reunification for people on the move: obstacles and recommendations, June 2022, available in Dutch at: https://bit.ly/3N0EiaN.

[54]         CJEU, Case C-279/20, Bundesrepublik Deutschland t. XC, 1 August 2022.

[55]         Family Reunification with unaccompanied child that has subsidiary protection not possible anymore since 18 August 2025.

[56]         Article 10(1)(7) Aliens Act.

[57]         CJEU, Case C-550/16, A and S v Staatssecretaris van Veiligheid en Justitie, 12 April 2018.

Article 10§1, 4° & 5° Aliens Act.

[59]         Myria, ‘Advies aan de commissie binnenlandse zaken, veiligheid, migratie en bestuurszaken’, 1 August 2025, available in Dutch here.

[60]         ‘Wet tot wijziging van de wet van 15 december 1980 betreffende de toegang tot het grondgebied, het verblijf, de vestiging en de verwijdering van vreemdelingen inzake het recht op gezinshereniging’, 10 March 2024, available in Dutch, French and German here.

[61]         Article 10 §1 lid 1, 8° Aliens Act.

[62]         Circular of 17 June 2009 containing certain specifics as well as amending and abrogating provisions regarding family reunification, Belgian Official Gazette, 2 July 2009.

[63]         Article 12-bis(5) Aliens Act.

[64]         Article 12-bis(6) Aliens Act.

[65]         UNHCR and Myria, ‘Gezinshereniging van begunstigden van internationale bescherming in België: vaststellingen en aanbevelingen’, June 2018, available in Dutch here, 19.

[66]         Article 10 §2 Aliens Act.

[67]         Article 10 §1 °4 Aliens Act.

[68]         Myria, ‘Migration in numbers and rights, right to family life’ , 2025, available in Dutch here. See also; Myria, ‘Recommendation: Streamline and support family reunification applications for refugees’, April 2022, available in Dutch and French at : https://bit.ly/3m97Bk2 and Myria, ‘Year report migration 2022 – Right to a family life’, available in French and Dutch at: https://bit.ly/3MohPI5.