Immigration law

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Immigration law

 

A foreigner is someone who does not have Belgian nationality. Immigration law is a part of administrative law. It determines the rules that must be followed by administrative authorities such as the municipality, the Immigration Office, and administrative courts (such as the council for immigration disputes and the council of state). The main bodies are: the Immigration Office, the Commissioner General for Refugees and Stateless Persons, the council for immigration disputes, and the council of state.

People who wish to stay in Belgium for less than three months (including tourists or businessmen) can apply for a visa at the Belgian embassy in their country of origin. EU citizens are exempt from this visa requirement.

If someone wants to stay in Belgium for a longer period, there are several procedures available.

Certain family members of Belgians, EU citizens, or foreigners who already have a residence permit in Belgium, can also obtain a right to stay in Belgium under family reunification.

Labor migrants, students, stateless persons, and victims of human trafficking and smuggling can also apply for a residence permit in Belgium under certain conditions.

A foreigner who has left their country of origin and cannot return because their life or personal safety is in danger, can enjoy protection in our country and obtain a right to stay in Belgium by filing an asylum application. They can also be eligible for subsidiary protection status.

Foreigners already in Belgium can also get a right to stay for medical reasons. In case of a short-term illness, it is best to request a short postponement of departure. In case of a very serious long-term illness, a longer medical stay can be requested, which becomes definitive after five years.

The last resort for people staying illegally in the territory is to file a regularization request for humanitarian reasons. They will have to prove that they cannot return to their country of origin to make the request, and will have to demonstrate the presence of humanitarian reasons, such as strong integration, a broad social network, and knowledge of one of the national languages.

Foreigners who have been legally residing in Belgium for a long time can apply for Belgian nationality.

Master Samir Baki has extensive experience as a lawyer in the field of immigration law and maintains regular contact with the competent government services in this context.

You can come to us for the following services, among others:

  • Advice and assistance regarding your rights as an undocumented foreigner
  • Advice and assistance regarding the possibilities to apply for residency in Belgium
  • Advice and assistance regarding the possibilities to apply for a visa for Belgium from abroad
  • Advice and assistance regarding appeal options in case of visa or residency application rejection
  • Advice and assistance regarding the possibilities to become Belgian
  • Advice and assistance with the relocation of Europeans and their family to Belgium
  • Advice and assistance in filing for a work card or professional card
  • Advice and assistance against expulsion or repatriation to the country of origin
  • Advice and assistance with returning to Belgium
  • Advice and assistance in applying for permanent residency
  • Advice and assistance in case of official deletion of address
  • Advice and assistance with the long-term resident status
  • Advice and assistance in the context of an appeal to the court of first instance, the council for immigration disputes, or the council of state against all possible negative administrative decisions
  • Advice and assistance regarding appeal options when receiving an order to leave the country