On July 18, 2025, the Belgian House of Representatives adopted new legislation tightening the conditions for family reunification for migrants. The law aims to further regulate access to family reunification, one of the main channels allowing foreigners to join family members in Belgium. It was approved by a majority vote on July 17, during a plenary session of the Belgian House, the country’s main legislative body. The law was published and entered into force on July 18, 2025.
The reform introduces stricter income requirements and modifies waiting periods for certain categories of foreigners, particularly those benefiting from international or subsidiary protection. The new rules include several changes:
- The person applying to bring their family members into the country (the family reunification applicant) must now prove they have an income of at least 110% of the Belgian average monthly minimum income of €2,323 (about US$2,750), increased by 10% for each additional family member, with no upper limit.
- Recognized refugees now have six months, instead of one year, to apply for family reunification without having to meet income requirements. The new law abolishes this exemption altogether for beneficiaries of subsidiary protection, a status granted to people facing serious risks such as armed conflict or torture in their home country but who do not qualify as refugees.
- Beneficiaries of subsidiary protection must now wait two years before applying for family reunification; previously, they enjoyed the same rights as recognized refugees.
- The minimum age for eligibility for reunification is increased from 18 to 21.
In adopting the reform, Minister for Asylum and Migration Anneleen Van Bossuyt argued that there was a need to ensure family migration does not “place an excessive burden on society.” Specifically, Van Bossuyt cited figures that more than one-third of all requests for family reunification come from persons outside of the European Union (EU). She stated that these new measures are needed to restore the credibility of the asylum system, prevent abuse, protect public finances, and support the integration of those already in the country. She stressed that family reunification cannot serve as an automatic pathway to migration without controls or conditions. Van Bossuyt also added that the reform places responsibility on applicants and requires them to demonstrate their ability to provide for their families.
Matti Vandemaele, a representative with the Green Party, argued that the new rules make it virtually impossible for unaccompanied minors with subsidiary protection to join their parents in Belgium. Van Bossuyt replied that the Immigration Office always assesses each case individually. Van Bossuyt also warned against situations where parents deliberately send their children alone to Belgium in the hope of later joining them through family reunification, a practice that she says exposes these children to abuse or mistreatment.
The Flemish Commissioner for Children’s Rights has voiced strong concerns against the reform, pointing to the law’s exclusion of unaccompanied minors benefiting from subsidiary protection. The commissioner, an independent body established by the Flemish Parliament, argued that the law violates children’s rights guaranteed by the United Nations Convention on the Rights of the Child and the European Convention on Human Rights.
At the EU level, Directive 2003/86/EC on family reunification set common rules for third-country nationals legally residing in the EU. It fixed minimum conditions on length of stay, resources, housing, and health insurance, while leaving member states some discretion. They may, for instance, impose a minimum age on spouses, introduce integration measures, or limit reunification to certain categories of family members. The Belgian reform of July 18, 2025, fits within this framework. It relies on the directive’s flexibility to tighten access to family reunification. If a national measure were found to conflict with EU rules, it could be challenged before Belgian courts, which must uphold the primacy of EU law. Ultimately, the Court of Justice of the European Union could be called upon to interpret the directive and assess the conformity of Belgian legislation.
Belgium’s revision of family reunification criteria follows similar recent revisions by EU member states, including Portugal, Germany, and Austria. Portugal passed a 2025 decree mandating migrants to complete a minimum two-year legal residence period in Portugal before applying for family reunification. In Germany, a 2025 amendment to the German Residence Act suspended family reunification for two years for beneficiaries of subsidiary protection. As of March 2025, Austria temporarily suspended family reunification, allowing for the submission of applications that are currently not processed.
Louis Gilbert, Law Library of Congress
November 14, 2025
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