FAMILY REUNIFICATION AND MEANS OF SUBSISTENCE: NEW REGIME

 

Means of subsistence: old and new regime

The law of 18 July 2025, which came into force on 18 August 2025 and amends the law of 15 December 1980 on access to territory, residence, settlement and removal of foreigners, has made fundamental changes regarding family reunification.  

The Belgian legislator has focused on the condition relating to means of subsistence, a requirement applicable to the majority of applications for family reunification.

Previously, the sponsor (the person being joined) had to demonstrate that they had resources amounting to at least 120% of the social integration income, which is currently €2.131,28 net per month, regardless of how many family members they were being joined by or if they already had dependants in Belgium.

From now on, the sponsor will have to demonstrate that they have resources amounting to at least 110% of the guaranteed average minimum monthly income (GAMMI), increased by 10% for each additional family member they bring over and for each person they already have in their care in Belgium. As of 5 January 2026, the GAMMI is €2.111,89 gross. Thus, 110% of this amount is equivalent to €2.323,08.

Example

To give an example, if a sponsor wishes to be joined by their spouse and a child, and they already have another child in their care in Belgium, they will need to prove that they have 110% of the GAMMI for the spouse joining + 10% for the child joining + 10% for the child already in their care. In conclusion, this will mean proving that they have resources amounting to €2.323,079 + €232,3079 + €232,3079, which totals €2.787,69.

Transitional measures

The legislator has introduced transitional measures. The old and new systems will coexist in parallel until 18 August 2027. In practice, this means that :

The old system continues to apply if :  

• • The sponsor is a Belgian or a foreigner who already has a long stay in Belgium since before 18 August 2025 ; AND

  • The family reunification application is submitted before 18 August 2027

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• The new system is already applicable to all other situations  

And what if the amount is not reached?

In any case, as in the past, if the sponsor does not reach the required amount of resources, the Office of Foreigners cannot automatically reject the application and is obliged to conduct a concrete and individualised examination of the situation. This means that it must assess whether, despite this, in fact, the financial situation of the sponsor will allow them to support family members without the risk of becoming a burden to the Belgian social security system.

It is necessary to provide as much concrete evidence as possible in the application to the Immigration Office to allow them to get an idea of the actual income and expenses of the family.

It goes without saying that this significant legislative change will complicate the right to family reunification for many people in Belgium, thereby infringing on their right to private and family life.

Conclusion

In addition to the condition of means of subsistence, depending on the category of family reunification, other conditions are required to be granted residency (for example, sufficient housing, proof of the relationship, health insurance, etc.)

Do you wish to check if you meet the conditions to apply for family reunification? Are you in a particular situation? Do you wish to increase your chances of having your application succeed? Our lawyers are available to review your situation with you and assist you with comprehensive support in your family reunification procedures.