Immigration Law
Short Stay Visa
The short stay visa (visa C) allows you to stay in Belgium for a maximum of 90 days. The grounds for applying for such a visa can vary (family visit, tourism, medical, business, etc.). It is sometimes useful to consult a lawyer when preparing your visa application to avoid a refusal from the Immigration Office, which would delay your plans.
Long Stay Visa
The long stay visa is applied for from the country of origin or residence. To obtain such long stay permission, several conditions must be met, including having sufficient financial means.
Residence for European Citizens
Citizens of the European Union can stay for more than 3 months provided they apply for an E card, valid for 5 years. After 5 years of legal and uninterrupted residence in Belgium, they can apply for the E+ card, valid for 10 years.
Family Reunification
A third-country national can submit a family reunification application to accompany or join a family member who is either Belgian, a citizen of the European Union, or a third-country national holding a residence permit in Belgium.
Immigration economic
A foreigner can apply for a residence permit to work in Belgium, either as an employee or as a self-employed person. For employees, the employer must submit a request for a single work permit. For self-employed individuals, a request for a professional card must first be submitted to the competent Region, and then a long-stay application based on this professional card.
Student residence
A residence permit can be granted to a foreigner wishing to pursue studies in Belgium. Depending on whether they enrol in a public or private educational institution, the conditions may vary.
Humanitarian regularisation
Long-stay applications are submitted from the country of origin or residence. However, article 9bis of the law of 15 December 1980 allows for a long-stay application to be submitted via the municipal administration in Belgium if the foreigner can demonstrate exceptional circumstances that make returning to their country of origin particularly difficult.
Regularisation for medical reasons
In the case of a serious illness for which treatment is not accessible or available in the country of origin, article 9ter of the law of 15 December 1980 provides that a request for residence on medical grounds can be submitted from Belgium.
Permanent residence
After 5 years of legal and uninterrupted residence in Belgium, a national of a third country can apply for long-term resident status, which grants permanent residence in the form of an L card or a B card.
Special cards (diplomatic cards D, consular cards C, special cards P, and special cards S)
Special cards are issued to international officials, members of diplomatic missions and consular representations. If there is a desire to change status to a 'regular' legal stay, it is may be useful to consult a lawyer.
Reinscription dans les registres apres radiation
Un étranger peut être radié des registres par erreur, même pendant des années. Pour une réinscription et la remise d'une carte de séjour, il faut démontrer sa présence en Belgique sous la radiation. Il peut être utile d'obtenir l'assistance d'un avocat pour la collecte des preuves et le suivi de la demande avec l'Office des étrangers.
International protection and subsidiary protection
A foreigner can submit a request for international protection (asylum application) if they have a well-founded fear of persecution due to their nationality, race, political or religious beliefs, or membership in a social group. Subsidiary protection may be granted if the foreigner faces a real risk of suffering serious harm.
Litigation before administrative and judicial authorities
In the event of a refusal by the Immigration Office, the Office of the Commissioner General for Refugees and Stateless Persons (Commissariat Général aux Réfugiés et aux Apatrides - CGRA), or any other administrative authority, an appeal can be lodged either before the Council for the Litigation of Foreigners (Conseil du Contentieux des Etrangers - CCE) or before the competent courts and tribunals.