legal and social conditions for asylum seekers and refugees in ...

The detention lasts until a decision on admissibility is made, though no longer than two months. If
no decision has been made within two months, the asylum seeker is released and allowed to
enter into the country.
Rejected asylum seekers
Pursuant to Section 74/6 of the Aliens Law, an asylum seeker rejected following a decision of
non-admissibility may be held in a detention centre for a similar period of two months in order to
ensure his/her removal from Belgium. However, the two-month detention period can be renewed
by the Minister, if steps have been made within seven working days to effectively remove the
alien and if there still is a possibility of removing him/her within a reasonable time frame.
The maximum period of detention – including the detention occurred during the processing of the
claim – was initially eight months, but this was reduced to five months in 1998.
Asylum seekers rejected under the normal determination procedure may also be detained under
Section 25 of the Aliens Law, which provides for the same detention period of two months,
renewable for up to a maximum detention period of five months.
Applications from abroad
Applications for asylum in Belgium must be submitted within the country.
Family reunification
Convention refugees are entitled to family reunification as soon as they are granted refugee
status. Reunification applies to their spouse and dependent children aged under 18, including
legally adopted children. Reunification with children aged 18-21 is only possible if the refugee has
obtained Belgian citizenship.
Reunification with unmarried partners, parents (over 65 years) and siblings is in principle
excluded. However, it may be granted in individual cases and on humanitarian grounds. Same
sex partners and unaccompanied minors living in Belgium are not entitled to reunification
respectively with their partners and parents, but here again, a permission may be given on
humanitarian grounds.
“Snowball” family reunification is forbidden, in other words persons whose right of residence or
establishment in Belgium is based on family reunification may not themselves subsequently apply
for family reunification with other persons.
Finally, the entire family must be reunified in the calendar year following arrival of the first of its
members to be reunified in Belgium.
Unlike other aliens, Convention refugees are not subject to any requirements in terms of financial
resources and accommodation.
Persons with residence permit “under exceptional circumstances” are entitled to family
reunification only after three years of residence in Belgium. In practice, this normally requires that
the applicant shows that he/she can support relatives and provide accommodation.
Kosovo Albanians, either under temporary protection or asylum seekers, have been entitled to
family reunification with their spouse, minor children, parents and grand-parents under a special
regulation adopted in connection with the UNHCR Evacuation programme in 1999. There was no
housing or revenue requirement.
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Belgium