Country Update 2025: BELGIUM

Contributed by: Céline Verbrouck (Altea Avocats)

May 2025

1. Legislative Changes

Proactive return policy (May 2024) – A law of 12 May 2024 amended the 1980 Foreign Nationals Act and the 2007 Reception Act to introduce a “proactive return” policy. The law imposes a general obligation for all irregular migrants to cooperate with return procedures (identification, obtaining travel documents, attending appointments and medical tests) and expands the consequences of non‑cooperation, which may affect preventive measures, deadlines, detention and entry bans. The law emphasises voluntary return but creates new coercive tools and alternatives to detention (ICAM coaching) while banning detention of families with children.

Return and Frontex laws (Spring 2024) – Two laws adopted in spring 2024 (often referred to as the “return law” and the “Frontex law”) expanded control and coercive measures available for removals. They widened the group of authorised escorts, introduced mandatory cooperation and allowed deployment of Frontex officers; Myria criticised the binary approach of removal or detention and called for alternatives.

Labour migration reforms – The Flanders region reformed its immigration rules for foreign workers (effective 1 May 2024) to tackle shortages and align with EU directives. Key changes include:

• Expanded work‑permit exemptions allowing business visitors to attend conferences, meetings, training and audits without a work permit.

• More stringent labour‑market tests: vacancies must be advertised for nine weeks and only shortage occupations on the VDAB list are eligible.

• Relaxed EU Blue Card requirements for ICT managers and IT professionals; professional experience may substitute academic qualifications, and holders can change employer after 12 months instead of 24 months. The annual salary threshold increased to €60 621 (130 % of the average income).

• The Brussels and Walloon regions were preparing similar Blue Card reforms for autumn 2024.

Integration policy initiatives – The Flemish government approved in June 2025 the development of digital pre‑arrival integration trajectories. These courses, to be delivered in migrants’ native languages before arrival, will prepare labour migrants and family reunification applicants by covering Belgian society, labour law and healthcare. Participants’ progress will be monitored remotely, and amendments to the 2013 Integration Decree are planned to anchor the scheme.

Family reunification reform (late 2025) introduces stricter conditions: shorter deadlines for family members of refugees, new waiting periods for relatives of persons with subsidiary protection and unlimited residence rights, higher minimum age for spouses (21 years) and increased financial requirements. Civil society and UNHCR expressed concern about the potential impact on the right to family life.

2. Business Immigration

Trends and statistics – labour migration from outside the EU decreased slightly in 2024, with 7 874 long‑stay visas issued to third‑country nationals for professional reasons (‑9 % compared with 2023). Limited‑duration single permits issued following a first application also declined. However, temporary postings to Belgium fell by only 2 %, and the share of third‑country nationals among posted workers reached 24 %, up from 9 % in 2017.

Student migration – 11,582 long‑stay visas for study purposes were issued in 2024, a 7 % increase compared with 2023. Main countries of origin included China, Morocco, Cameroon, Turkey and Pakistan.

Regional Blue Card and work‑permit reforms – The Flanders immigration reforms (May 2024) broaden business‑visitor activities, lengthen vacancy publication periods and relax qualifications for Blue Card and ICT managers. Employers should prepare for longer recruitment processes due to stricter labour‑market tests.

Pre‑arrival integration – From autumn 2025 the Flemish government plans to offer digital societal orientation courses for future labour migrants in their countries of origin. Courses will cover Belgian labour law and social security and be monitored by a coach. Legal amendments are required to include applicants who have not yet received their visa.

3. Family based immigration

Impact of the Afrin ruling and remote processing – the Afrin ruling by the Court of Justice of the EU, Belgian consulates must accept visa applications by mail, enabling remote filing. However, long waiting times for appointments and high demand continued to cause delays.

Reform concerns – The 2025 family reunification reform introduces stricter conditions (age, deadlines and financial thresholds). Civil society warns that these measures could hinder the right to family life and should be closely monitored.

4. Asylum

New government priorities – The January 2025 coalition agreement envisages centralised collective reception centres, prioritisation of subsidiary protection over refugee status, temporary halting of resettlement and tighter family reunification. It also proposes access to asylum seekers’ phones for identification. A decision by the Secretary of State in November 2024 restricting reception for people with protection in another EU state was annulled by the Council of State in December 2024.

Decisions and protection rate – The protection rate fell to 28.4 % of final decisions, down from 47.8 % in 2024, partly because many decisions concerned applicants already recognised in another EU state. More inadmissibility decisions were taken due to the surge in “M files” (applicants with protection elsewhere).

5. Deportation

Return statistics – Belgium issued 37 672 return decisions and 2 653 entry bans in 2024, increases of 3.6 % and 107 % respectively compared with 2023. The proportion of removals after first detention in closed centres remained around 78 %. First detentions fell slightly to 4,804 in 2024, while police‑escorted removals increased to 16 % of all repatriations.

Legislative developments – The spring 2024 return law and Frontex law extended control and coercion (see Legislative Changes). The new National Preventive Mechanism against ill‑treatment, established in April 2024, was welcomed but under‑resourced; it does not yet cover detention facilities managed by federated entities. Myria called for adequate funding, broader coverage and alternatives to detention for non‑removable persons.

Prison population – around 30 % of Belgium’s prison population consists of irregularly staying detainees; many cannot be removed for legal or practical reasons. The organisation advocates developing a dedicated status for non‑removable migrants and access to alternatives to imprisonment.

6. Citizenship

Fee increase – On 18 July 2025 the Belgian Chamber of Representatives adopted a law raising the registration fee for acquiring Belgian nationality from €150 to €1,000.