On 17th of July 2025, the Belgian Chamber of Representatives agreed on a draft bill to amend legislation which governs the entry, residence, settlement, and removal of foreign nationals. This bill specifically focuses on tightening the conditions for family reunification. Upon ratification by the King and the subsequent publication in the Belgian Gazette, these new measures will enter into force.
The proposed changes significantly tighten the current framework for family reunification in Belgium by introducing stricter eligibility conditions, including higher income requirements and longer waiting periods before a family reunification application can be lodged. In some cases, the right to family reunification may be substantially limited or entirely excluded, depending on the applicant’s status and circumstances.
Legislative procedure
The Federal Parliament approved a draft bill amending the Law of 15 December 1980 on the entry, residence, settlement, and removal of foreign nationals (hereafter: ‘Law of 1980’). This legislative initiative marks a significant shift in Belgium’s immigration framework, particularly for third-country nationals seeking to bring family members to Belgium.
The initial bill was submitted to Parliament on the 5th of June 2025 by the Federal Government. Over the course of two months, the bill was examined by the Internal Affairs Committee and subjected to proposed amendments during both the first and second readings, reflecting input from various political factions.
Limits to family reunification
The revamped article 10, §1, 4° and 5° sets forth new, more limited categories of family members who qualify for family reunification. The core distinction between both provisions lies in the status of the sponsor. Article 10, §1, 4° applies to individuals who have been granted subsidiary protection or are recognized as stateless persons, as outlined in Chapter IIter of the ‘Law of 1980’. Article 10, §1, 5° applies to individuals who have obtained refugee status, in accordance with the 1951 Geneva Convention.
It is clear that the legislator has narrowed the scope of family members eligible to join the sponsor under article 10, §1, 4°. In addition, for these categories, the law requires that the family ties must have existed prior to the arrival of the sponsor on Belgian territory. This pre-existing family link is not explicitly required under article 10, §1, 5°, which applies to refugees.
Sponsorship by minors restricted
IFor minor sponsors under article 10, §1, 4°, the provision allows for the reunification with either the parents or another adult foreign national who is legally responsible for the minor in accordance with Belgian law. This is possible under the condition that the minor sponsor is under the age of eighteen, unmarried, and that the family member comes to live with them before the minor turns eighteen.
For minor sponsors under article 10, §1, 5°, the legislator imposes the condition that the parents must come to reside with the minor before the latter turns eighteen. Furthermore, the minor sponsor must have entered the Kingdom unaccompanied by an adult foreign national who is legally responsible for them in accordance with Belgian law, and must not have been effectively placed under the care of such a person after arrival. Alternatively, the provision also covers situations where the minor was left unaccompanied after entering the country.
Financial requirements
In addition to the narrowing of the personal scope, article 10, §1, 5° introduces stricter financial requirements. The sponsor must demonstrate sufficient, stable, and regular means of subsistence, amounting to at least 110% of the average monthly minimum wage (which at the time of writing corresponds to EUR 2,323.08). An additional 10% is required for each additional dependent family member joining the third-country national.
Increased waiting period
Longer waiting periods for family reunification have also been introduced, depending on the residence status of the sponsor. This is stipulated in article 10, §1, 6°, which applies to sponsors who hold a right of residence of unlimited duration. A general waiting period of two years is imposed before a family reunification application may be lodged. However, this period is reduced to one year if the family ties already existed before the sponsor arrived in Belgium, or if the sponsor is joined by family members falling under article 10, §1, 6°, c) to e). These latter provisions mainly concern minor children joining their parents.
Furthermore, a previous amendment to the law introduced in 2024 had already imposed a strict deadline for submitting a family reunification application. Sponsors who reach the age of 18 during or shortly after their status has been approved, must submit their family reunification request within three months after obtaining their residence status. This is now applicable for sponsors with the refugee status, subsidiary protection, as well as stateless persons.
What this means
In conclusion, the renewed article 10 introduces a more restrictive approach to family reunification, with differentiated treatment based on the legal status of the sponsor. The law now imposes narrower family definitions, stricter income thresholds, waiting periods, and deadlines that significantly impact the rights of third-country nationals wishing to be reunited with their family members.
Lastly, this legislative initiative follows an earlier administrative change implemented by the Belgian Immigration Office, which already restricts the simplified issuance of family reunification visas by diplomatic posts abroad (see our previous alert).
Employers, individuals, and stakeholders involved in immigration planning are advised to monitor these developments closely, as they might impact employees and their family members. Once published in the Belgian Gazette, the new rules will enter into force without a transitional period, besides several exceptions. It will therefore be important to:
Vialto will continue to monitor developments and any potential impact from a global mobility perspective.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Joke Braam
Director
Ajshe Miftari
Director
Fabian Gielis
Senior Associate
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