In Belgium, the government is defending its recent tightening of family reunification rules as a way to curb new arrivals. However, the stricter requirements risk making reunification nearly impossible for many workers and beneficiaries of subsidiary protection. Belgium has moved to tighten its family reunification rules for migrants, following the adoption of new legislation by the Chamber of Representatives amending the law of December 15, 1980. The bill passed with 107 votes in favor, 38 against, and no abstentions. The reforms introduce stricter requirements, particularly for migrant workers and individuals granted subsidiary protection, despite an already rigid system. In a country where Moroccans make up one of the largest foreign communities, the income threshold for applicants has risen from roughly €2,100 to €2,323 per month, or 110% of the guaranteed minimum monthly wage. An additional 10% is required for each extra family member, with no cap. Only personal income is considered, support from the Public Social Welfare Center (CPAS), family allowances, integration benefits, or third-party guarantors is excluded. Longer Waits, Fewer Exemptions The law also removes or shortens key exemptions. The grace period exempting certain applicants from income and housing requirements has been scrapped entirely for those under subsidiary protection. For refugees, it has been halved from one year to six months. The minimum age for sponsoring a legally registered spouse or partner has also been raised from 18 to 21. Waiting periods have increased too. People with subsidiary protection, who previously had the same family reunification rights as refugees, will now have to wait two years before applying, unless they already have close family in Belgium, in which case the wait is shortened to one year. Crucially, the legislation ends the principle of «implicit acceptance». Previously, if the Immigration Office didn't respond within the legal timeframe of nine months (extendable to 15), the application was automatically approved. Under the new rules, a lack of response now counts as a refusal, triggering a 30-day window to appeal to the Council for Alien Law Litigation. The government defended the changes in Parliament. Minister of Asylum and Migration Anneleen Van Bossuyt (N-VA) said the reforms ensure family reunification happens «under conditions that promote economic independence and integration», adding that they are also designed to limit new arrivals. Pushback from Experts and Advocates The Council of State has raised concerns, particularly about the higher income requirements and the unlimited surcharge for additional family members. It also criticized the unequal treatment between refugees and individuals under subsidiary protection, especially regarding exemption periods. The Commissioner for Children's Rights warned that the law could violate both the UN Convention on the Rights of the Child and the European Convention on Human Rights. In a statement issued while the bill was still in draft form on July 10, the Commissioner argued that family reunification for children is «a right, not a privilege». Opposition lawmakers condemned the law, though they lacked the numbers to block it. Green MP Matti Vandemaele called it «the height of inhumanity», telling Van Bossuyt, «You're saying to children who haven't seen their mother in four years: 'We're going to make it even harder for you.' I'm not surprised. This is in the DNA of N-VA and Vlaams Belang». Civil society groups have also denounced the reform, warning it threatens the right to family life and undermines integration. Many organizations plan to challenge the law before the Constitutional Court, citing discrimination and violations of fundamental rights.
