National protection statuses and return procedure

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National forms of protection

The Aliens Act contains four procedures that can lead to other forms of protection for applicants who do otherwise not qualify for international protection. There is a procedure to obtain residence on the basis of medical reasons (so-called ‘medical regularisation’ or ‘9ter’-procedure),[1] a special residence procedure for unaccompanied minors aimed at finding a durable solution for them,[2] a procedure that can lead to a residence permit for certain victims of human trafficking and certain aggravated forms of human smuggling,[3] and a procedure to obtain a residence permit on humanitarian grounds (so-called ‘humanitarian regularisation or ‘9bis’-procedure).[4] All four must be initiated by the applicant, or by the guardian in the case of an unaccompanied minor.

Medical regularisation[5]

A residence permit can be granted to seriously ill foreign nationals residing in Belgium, if their illness poses a real risk to their life or physical integrity or poses a real risk of inhuman or degrading treatment when there is no adequate treatment in their country of origin or habitual residence.[6]

The procedure for medical regularisation can be initiated at all times, irrespective of other (ongoing or concluded) residence procedures. As such, it can be initiated during a pending application for international protection. It can also be started after an application for international protection was rejected, even when the foreign national has already received an order to leave the territory.

The procedure is purely written and is initiated by sending a written application to the Immigration Office. During the procedure, applicants receive a temporary residence permit from the moment they receive a decision from the Immigration Office declaring their application admissible. Based on this temporary residence permit applicants can ask social and medical support by a centre for social welfare (PCSW). However, they do not have access to the labour market.

An application is first assessed on its admissibility and then on its merits. To be found admissible, the application must:

• be sent to the Immigration Office by registered letter[7];
• contain a proof of identity. This requires a valid or expired international passport or national ID-card. Under certain conditions, alternative documents (such as driver’s license, military booklet, election card, …) can also be accepted. The applicant can also prove their identity via multiple items of evidence which, taken together, meet the elements of identity. Applicants for international protection who have not received a final negative decision are exempt from this requirement;[8]
• contain a medical attestation following the obligatory template of the Immigration Office, containing the nature of the illness;[9]
• indicate an effective residence address in Belgium;[10]
• be introduced, at the discretion of the applicant, in Dutch, French or German, which will determine the language used for the procedure. However, if a procedure of international protection is ongoing or has been negatively terminated for less than 6 months, the language of the asylum procedure must be used;
• not be manifestly unfounded;[11]
• not contain elements that have already been invoked in a previously rejected 9ter-procedure and have been examined on their merits in that context.

Applicants will be excluded from the procedure if the Immigration office has serious grounds for considering that they have committed acts referred to in Article 55/4 of the Aliens Act (grounds for exclusion from subsidiary protection).

If the request is declared admissible, a medical officer or physician appointed by the Immigration Office assesses the application on its merits, i.e. whether it meets the following two cumulative conditions:[12]

• the applicant suffers from a serious illness, meaning an illness occasioning a real risk to their life or physical integrity or a real risk of inhuman or degrading treatment in case no adequate treatment is available or accessible in the country of origin or habitual residence;
• Adequate medical treatment is not or very limitedly available or accessible in the country of origin or of habitual residence, or availability is uncertain. To assess this, the medical officer or physician examines uses information from databases such as the European Medical Country of Origin Information.

Applicants who receive a positive decision receive a temporary residence permit, taking the form of a renewable A-card that is initially valid for one year.[13] They should ask for a renewal of the residence permit on a yearly basis. On these occasions the Immigration Office can withdraw the medical regularisation if the medical situation of the beneficiary has improved in an important and sustainable way[14], of if they pose a threat to public order or national security. If this is considered, the person has the right to be heard. After five years, counting from the moment of the application, the person obtains a permanent residence permit in the form of a B-card.[15] Beneficiaries of medical regularisation have a right to family reunification under the same conditions as other third country nationals. Unlike beneficiaries of international protection, there is no grace period during which not all requirements have to be met.

Applicants who receive a negative decision can appeal this decision at the Council for Alien Law Litigation (CALL). Unlike in the procedure for international protection, the appeal is non-suspensive and can only lead to the annulment of the decision of the Immigration Office.

In 2024 the Immigration Office gave 325 positive decisions in the medical regularisation procedure, regarding 454 persons. The main countries of origin of persons receiving a positive decision were Congo DRC (56 persons), Morocco (40 persons) and Cameroon (29 persons). The majority (912) of the 1,360 negative decisions in 2024 were negative decisions on the merits.[18]

Best Interest Procedure for unaccompanied minors[19]

The guardian of an unaccompanied minor can apply for a residence permit for their pupil in the hands of the ‘Vulnerable Persons Cell’ of the Immigration Office.[20] Following such a request, the Immigration Office will assess what is the most durable solution for the minor: returning to the country of origin, being reunited with their parents in the country where they are legally staying, or staying in Belgium.[21]

This procedure can be initiated regardless of other procedures initiated by the minor or his guardian, including a request for international protection.[22] However, the Immigration Office cannot conduct a full-scale assessment during a pending application for international protection since this involves contacting authorities in the country of origin. The procedure is only accessible for non-accompanied minors. As soon as a minor turns 18, a pending special residence procedure is stopped. During the procedure, the minor receives a temporary residence permit valid for 6 months. The permit can be renewed for as long as the procedure is pending and until the minor turns 18. Unaccompanied minors in Belgium have access to material aid in the Fedasil reception network, regardless of their residence status.

When introducing the written application, the guardian must provide all relevant information on the steps taken in view of contacting family or friends of the minor. Once the non-accompanied minor starts the special residence procedure, a specially trained officer of the MINTEH-office within the Immigration Office will conduct an interview with the unaccompanied minor and their guardian.[23]

After the interview and after examination of all relevant elements, the Immigration Office decides on the durable solution, taking the principles of family unity and the best interest of the child as guiding principles in this assessment.[24] There are three possible outcomes:

• The minor returns to the country of origin or the country where the minor can legally stay;
• The minor reunites with their parents in the country where the latter legally reside. This is the preferred option;
• The minor is allowed to stay in Belgium.

If the Immigration is unable to give a decision on the durable solution within 6 months, the guardian can suggest a durable solution to the Immigration Office.[25]

According to article 74/16 of the Belgian Migration Law, the return of an unaccompanied foreign minor to their country of origin or other country can only be considered if there are sufficient and appropriate guarantees of reception and care. In concrete terms, the MINTEH office must ensure that the following conditions are met in the event of a return:

• The child is not at risk of being trafficked or smuggled;
• The family situation in the country of origin is such that the minor can return there. A return to a parent or relative is desirable and is appropriated on the basis of the family’s ability to support, educate and protect the child;
• The care structure in the country of origin is appropriate and it is in the best interests of the minor to be placed in this structure as soon as they returns to his/her country of origin or to the country where they has been admitted to reside.

If the durable solution is found to be outside of Belgium, the minor’s guardian will be notified of the return decision (order to bring back the minor/bevel tot terugbrenging).[26] The guardian should organize the minor’s return. A return to the country of origin or residence can only be arranged on a voluntary basis. The return decision can be appealed at the CALL. The appeal is non-suspensive and can, if successful, only lead to the annulment of the decision of the Immigration Office. Minors with an order to return are allowed to stay in Belgium until they turn 18. From that moment on they are in irregular stay, and they can receive an order to leave the territory.[27]

If the durable solution is considered to be staying in Belgium, the minor is given a temporary residence permit in the form of a renewable A-card that is initially valid for one year.[28] After three years, the minor can request permanent residence permit, in the form of a B card.[29] If the minor turns 18 during this period of temporary residence, they are informed about how they can obtain permanent residence as an adult.[30] In this case, the person does not have to apply for humanitarian regularisation themself, the file is automatically transferred to the ‘long stay’ Unit of the Immigration office.[31] The Immigration Office decides on a case-by-case bases what the requirements are for obtaining permanent residence as an adult. If the youngster can meet these criteria, he is given a temporary residence permit in the form of an A card. This permit must be renewed every year. In practice, the Immigration Office then gives a permanent residence permit after five years of legal stay.[32]

Unlike parents of unaccompanied minors with an international protection status, parents of unaccompanied minors who are authorised to stay in Belgium on the basis of the ‘durable solution procedure’ do not have a right to family reunification.[33]

Source: Information provided by the Immigration Office

In 2023 the Immigration Office decided in 69 cases that the durable solution was a legal stay in Belgium. In 15 cases the Immigration Office decided that the durable solution was not in Belgium.

Protection for victims of human trafficking or smuggling[34]

On the basis of Articles 61/2 to 61/5 of the Aliens Act, victims of human trafficking and certain aggravated forms of human smuggling can obtain a residence permit if they:

• cooperate with the judicial investigation;
• don’t return to the environment of exploitation;
• agree to being accompanied by a specialised centre.

Three specialised centres – one for every region in Belgium[35] – have been appointed as centres for reception and guidance of the victims. Throughout the residence procedure, victims must agree to be accompanied by these centres where they receive administrative, legal, and psychosocial support.

The residence procedure should be initiated by one of the tree specialised centres. Initially, the applicant receives a temporary residence permit (annex 15) valid for 45 days, which allows the applicant to rest and to receive initial counselling.[36] Afterwards, the applicant receives a temporary residence permit valid for three months (attestation of matriculation).[37] During this time, the applicant is expected to cooperate with the judicial investigation against the persons who exploited them. This residence permit can be extended once with another three months if the prosecutor’s office is still treating the file or if is unclear whether the applicant’s situation falls under the definition of human trafficking or human smuggling.[38] As soon as the prosecutor’s office decides to open a criminal investigation, the applicant receives a renewable temporary residence permit of 6 months.[39] During the procedure, the temporary residence permit can be withdrawn if the applicant returns to the environment of exploitation,[40] does not cooperate with the investigation[41] or if the authorities end the investigation.[42]

Applicants in this procedure are given a permanent residence permit, taking the form of a B-card, if the criminal investigation leads to a conviction in first instance or when the prosecution has retained in its claim the charge of trafficking or smuggling of human beings and the statement or complaint of the applicant has been of significant importance to the proceedings.[43]

If the prosecutor’s office dismisses the applicant’s criminal complaint after a period of two years, the applicant can consider applying for humanitarian regularisation (see Humanitarian regularisation).

Humanitarian regularisation[45]

Foreign nationals staying in Belgium can apply for the authorisation to stay in exceptional circumstances which justify that they apply for this authorisation while already being on the Belgian territory.[46] These ‘exceptional circumstances’ must demonstrate that it is impossible or very difficult for the applicant to apply for a residence permit at the Belgian embassy or consulate of the place of residence, which is the regular procedure to obtain a residence of more than 3 months based on Article 9 Aliens Act. Additionally, the applicant must provide reasons justifying their request to stay in Belgium. This procedure, commonly known as “(humanitarian) regularisation,” is often used as a last resort by foreign nationals who do not qualify for other forms of protection. However, persons who receive a residence permit based on this procedure face significantly less favourable conditions compared to those seeking or receiving international protection.

The procedure for humanitarian regularisation can be initiated at all times, irrespective of other (ongoing or concluded) procedures. Although it can be started during a pending application for international protection, the Immigration Office will often wait on a decision in the asylum procedure before treating the application for humanitarian regularisation. The procedure can also be started after an application for international protection was rejected, even when the foreign national already received an order to leave the territory. There is no delay of treatment foreseen by law. The treatment is done based on the principle of ‘first in first out’, with the exception of situations of humanitarian urgence.[47]

The procedure is entirely written and can only be initiated by submitting a written application to the commune of the applicant’s actual residence. After conducting a residence check, the commune forwards the file to the Immigration Office, which is responsible for reviewing and deciding on the application. During this process, applicants do not receive a temporary residence permit. As a result, if an applicant is residing irregularly at the time of applying for regularisation, they remain so throughout the procedure.

An application is assessed on both its admissibility and merits. For an application to be found admissible, it must contain:

• the proof of payment of an administrative fee (‘retribution’).[48] This retribution is indexed on a yearly basis; since 1 January 2025, it is € 368;[49]
• Indication of the applicants’ effective residence address in Belgium;[50]
• a proof of identity using an international passport or a national ID-card, unless the applicant proves that it is impossible to acquire such an identity document. The documents do not necessarily need to be valid. Applicants for international protection who have not received a final negative decision are exempt from this requirement.[51]
• the indication and proof of ‘exceptional circumstances’ making it ‘impossible or very difficult’ for the applicant to file the application at the Belgian embassy or consulate in their place of residence following the normal procedure of Article 9(2) Aliens Act. The Immigration Office assesses these exceptional circumstances on a case-by-case basis. The burden of proof is on the applicant. Being integrated in Belgium or having family legally residing here is not considered to be sufficient. Jurisprudence has accepted, for instance, the following situations as being ‘exceptional circumstances’: a return to the country of origin would constitute a violation of Article 3 or Article 8 ECHR because of a specific vulnerability of the applicant; administrative impossibility to obtain the necessary travel documents; a medical situation that forms an obstacle to return to the country of origin; war in the country of origin; etc. Elements that are invoked to justify the existence of ‘exceptional circumstances’ can also be invoked as grounds for the well-foundedness of the application.[52] However, they have to be new: elements that have been analysed and rejected in a prior procedure to obtain a residence permit (9bis-, 9ter-, statelessness procedure or application for international protection) can be declared inadmissible.[53]

Applicants who have committed fraud in the regularisation procedure or who are danger to public order can be given a negative decision even if they meet the other admissibility criteria.

No clear criteria or indications can be found in law concerning the assessment of an application for humanitarian regularisation. The Immigration Office has a large discretionary power and decides on a case-by-case basis, although the decision should be motivated, and the motivation cannot be manifestly unreasonable. Based on practice, certain profiles can be considered to have higher chances on a positive decision:

• persons in a situation of specific vulnerability (previously referred to as persons in a ‘pressing humanitarian situation’): the Immigration Office grants a residence permit if this is the only solution to prevent a violation of a human right. The Immigration Department must verify this in the context of every 9bis-application. Situations that qualify for this profile are diverse, for example: women and children who have been abused or exploited; parents of minor children with regular stay in Belgium; family with a child with a long-term residence permit going to school in Belgium.
• persons who have been subject to an ‘unreasonably long’ asylum or other residence procedure, if this is combined with other elements justifying the granting of a residence permit (e.g. work, knowledge of one of the national languages, participation to community life, …). An asylum procedure is considered to be ‘unreasonable long’ if it has lasted four years, or three years for families with children going to school.

Applicants who receive a positive decision receive a temporary residence permit, taking the form of a renewable A-card that is valid for one year and that contains certain requirements regarding the extension. These requirements are not specified in law and can be issued on a case-by-case basis. In practice, they are often linked to integration and work requirements. If an applicant does not meet these requirements at the moment of extension, they could lose their residence permit. After five years, a permanent resident permit can be granted, taking the form of a B-card that is automatically renewed without being subject to conditions. Beneficiaries of humanitarian regularisation have a right to family reunification much like other third country nationals. Unlike beneficiaries of international protection, there is no grace period during which not all requirements have to be met.

Applicants who receive a negative decision have the right to appeal this decision before the Council for Alien Law Litigation (CALL). Unlike the procedure for international protection, the appeal is a non-suspensive annulment procedure.

In 2024 the Immigration Office gave 2,501 positive decisions in the humanitarian regularisation procedure, regarding 3,868 persons. The main countries of origin of persons receiving a positive decision were Morocco (544 persons), Congo DRC (317 persons) and Albania (281 persons). Of the 2,993 negative decisions in 2024, almost all (2,946) were inadmissibility decisions due to a lack of exceptional circumstances. On 31 December 2024 there were still 2,975 pending applications for humanitarian regularisation.[55]

Return procedure

Applicants who receive a final negative decision in their asylum procedure, receive a return decision (order to leave the territory: ordre de quitter le territoire (FR) or bevel om het grondgebied te verlaten (NL)). In the context of a Dublin procedure, the decision of refusal of residence includes a return decision[56]. A negative decision taken by the CGRS (refusal of international protection) does not include a return decision. A return decision can only be taken by the Immigration Office after the legal time limit to introduce an appeal at the CALL has expired or, in case an appeal is lodged after the CALL has responded negatively. Only in cases concerning a second or further subsequent application (meaning: starting from the 3^rd application), an appeal does not have a suspensive effect, and the Immigration Office will be able to take a return decision (annex 13quinquies) immediately after a decision of non-admissibility from the CGRS.

In principle, the return decision provides a term of 30 days to voluntarily leave the territory. In certain specially defined situations, the term can be shorter, with a minimum of 7 days. However, the term can be less than 7 days or even 0 days in case certain circumstances, such as there being a risk of absconding, the person having disregarded a preventive measure (see Alternative measures to detention) or the person being a threat to public order or national security. The term can also be shortened this way for asylum applicants who have received a decision declaring their application inadmissible because no new elements had been provided in the context of a subsequent application for international protection (see Subsequent applications) or whose application has been declared manifestly unfounded (see Accelerated procedure). Persons having received a return decision can introduce a motivated application to prolong the term provided, by proving that the voluntary return cannot be organised within the indicated timeframe. The Immigration Office can also proactively decide to provide a longer term, considering the specific circumstances of the persons involved.[57] During this term provided for voluntary return, the person is protected from forced return.[58]

Before issuing a return decision, the Immigration Office needs to check whether a return of the rejected applicant would violate fundamental rights such as Article 3 ECHR and Article 8 ECHR. In this regard, the CGRS can include in a refusal decision a ‘clause of no-removal’: a non-binding advice for the Immigration Office to not return a person to their country of origin because of a potential risk of inhuman treatment in case of return. For example, the CGRS can do this if it excludes a person from international protection or when it withdraws or revokes a previous decision granting someone international protection.

Mid 2021, a specific cell with 3 legal experts was created within the Immigration Office to verify whether the detention and/or expulsion would violate Articles 3 and 8 ECHR (for more information on the ‘Article 3 cell’: see Detention on the territory). According to the Council of State, the Immigration Office, when issuing a return decision, needs to explicitly motivate in what way it considered certain fundamental rights such as the higher interest of the child, the family life and the health situation of the person.[59] However, European and Belgian national case law are not yet aligned on the question of whether the risk of violation of fundamental rights needs to be determined at the moment the return decision is taken or only at the moment of its execution. The CALL[60] and the Council of State[61] have previously judged that this risk must be assessed when the Immigration Office takes a return decision. The ‘Commission Bossuyt’ (a commission instituted by the secretary of state for asylum and migration with the mission of evaluating the policies on voluntary and forced return of migrants in Belgium) believes that it follows from the case law of European courts, the Belgian constitutional court and the will of the Belgian legislator, that this risk only needs to be determined at the moment of the execution of a return decision and not at the moment it is issued.[62]

When taking a return decision, the Immigration Office must also consider the higher interest of the child, the private- and family life and the health situation of the person(s) concerned.[63]

The Belgian return policy consists of two pillars: voluntary and forced return.[64] As a rule, voluntary return is prioritised. Only if a foreign national in irregular stay does not voluntarily comply with an order to leave the territory, can a forced return procedure be applied. On 12 May 2024 a new law for a ‘proactive return policy’ was adopted.^[65] This law, which has as a baseline ‘voluntary if possible, forced when needed’, contains several measures aiming to make the return trajectory as efficient as possible. It contains, among other things, measures that allow for the intensive assistance of persons during the voluntary return procedure, extra alternative measures to detention, as well as certain actions that can be taken during a detention measure taken in the context of a forced return procedure.

Voluntary return procedure

Applicants who receive a return decision can either leave Belgian territory by their means or apply to the voluntary return programme, which offers tailored support to people who wish to return. The return is then organised from Belgium and includes transport costs and travel assistance, and sometimes also a return grant and possible reintegration support in the country of origin, depending on the situation of the person. In 2024, 76% of returnees benefited from reintegration assistance.[66]

Fedasil is the government agency responsible for the voluntary return program from Belgium. The return journey is organised by Fedasil or by it’s partner organisations, the International Organisation for Migration (IOM) or Caritas. To inform and assist migrants in the event of a voluntary return, Fedasil has return desks in Brussels, Ghent, Antwerp, Liège and Charleroi.[67] In addition, an entire network of organisations – social services, NGOs, municipalities, migrant organisations – is also qualified to inform migrants about voluntary return and support them in their decision. To inform applicants for international protection, social workers and return counsellors are present in the reception centres. Fedasil has a website on voluntary return (https://www.voluntaryreturn.be/en-gb), that provides information on the voluntary return procedure in 19 languages.

Since 2021, applicants are intensively guided towards voluntary return by so-called ‘return-coaches’ or ‘ICAM-coaches’.[68] After receiving an order to leave the territory, they are invited to a series of interviews, during which their file will be discussed with an ICAM-coach. The aim is to steer the person concerned towards a sustainable solution either in their country of origin or in another country where they have the right of residence, or in Belgium, and to put an end to their illegal stay in Belgium. If no options can be identified to obtain a residence permit in Belgium, the person will be guided towards a return procedure.[69] Although the program was set up in 2021, the ICAM-procedure was only officially enshrined in the law in May 2024 by the law on a ‘proactive return policy’.[70]

The ICAM procedure comprises the following stages:[71]

1. analysing the foreign national’s stay in Belgium;
2. informing and advising foreign nationals on their residency situation in Belgium and on the administrative and legal procedures available;
3. assessing the foreign national’s return options;
4. identifying obstacles to the foreign national’s return and seeking solutions to overcome them;
5. scheduling follow-up interviews if necessary;
6. if necessary, summoning the foreign national to ask them to take the necessary steps to obtain and present the documents required for their return or effective removal.

The main target groups for the ICAM-trajectories are:

• Families and individuals, including unaccompanied minors, in irregular stay. They receive an invitation for an interview at their last known address. In 2023, 7,651 of such invitations have been sent out, mainly to persons from Morocco (641), Afghanistan (633), Albania (294), Cameroon (268) and El Salvador (171). This led to 3,994 ICAM-interviews, mainly with persons from Morocco (539), Albania (313), Cameroon (232), Afghanistan (227) and Brasil (210).[72] The Immigration Office can conduct ‘house visits’ if persons do not show up for their ICAM-interview. They go to the last communicated address of the person to verify whether they still live there and to try to convince them to participate in the coaching trajectory. In 2023, the Immigration Office conducted 973 house visits; 326 cases, they were able to get in contact with the person (‘positive’), in 347 cases, the person did not live at the address anymore (‘negative’) and in 300 cases it was not possible to establish whether the person was still living at the address (‘unknown’). In 2023, 14 ICAM-trajectories were started for unaccompanied minors in irregular stay. This led to the start of 7 new residence procedures in Belgium and 2 returns; in 2 cases the trajectory was abrogated.[73] In a few cities and communes, pilot projects on ‘future orientation’ of persons in irregular stay have been set up between the Immigration Office and certain local partners. The department of ‘Alternatives to Detention’ actively supports the local partners in these projects.[74]
• Applicants for international protection with a negative Dublin-decision (annexe 26quater) or a final negative decision in their asylum procedure (annexe 13quinquies). For these categories, the ICAM-procedure can take place, depending on the situation:
  • In an open return place of a Fedasil centre (see ‘Return track’ and assignment to an open return place). ICAM-coaches are present 2 days a week in the centres with open return places to conduct such interviews. If a person does not show up for an interview, the Immigration Office notifies Fedasil, which can then limit the right to material assistance.[75] In 2023, 850 ICAM-files were ongoing in the context of the open return places, 576 of which for persons with an annexe 26quater and 274 of which for persons with an annexe 13quinquies.[76] If a derogation to the transfer to an open return place is granted, the applicant can stay in the first reception centre and the return track is continued in this reception centre, albeit in a slightly different format then the track in the context of the open return places.[77] (see ‘Return track’ and assignment to an open return place)
  • In the Dublin-centre of Zaventem, managed by the Immigration Office, through a ‘fast track’-coaching procedure. 3 ICAM-coaches are permanently stationed in the centre of Zaventem to this purpose. In 2023, 2,235 ICAM-interviews took place in the centre of Zaventem.[78]
  • At the ‘Dublin Pacheco desk’[79], for persons with an annexe 26quater who are not in the reception network. In 2023, 1,920 persons were invited for a first ICAM-interview at the Dublin Pacheco desk (279 Afghanistan, 185 Burundi, 181 Türkiye, 164 Syria, 142 Palestine, 969 other); 476 showed up for their first ICAM-interview (85 Burundi, 58 Afghanistan, 43 Palestina, 40 Syria, 39 Eritrea, 211 other).[80]

Attendance to these ‘ICAM interviews’ is mandatory. Not attending without giving valid justification can be considered as a ‘failure to cooperate’[81] with return procedures that may, eventually, result in detention and a forced return. The law explicitly states that failure to cooperate with the individual coaching trajectory can lead the Immigration Office to consider a less coercive measure to detention inefficient.[82] Not attending to an ICAM-interview can also be considered as a sign of ‘absconding’, which may lead to the prolongation of the transfer term from 6 to 18 months for applicants with a negative Dublin-decision (annexe 26quater) (see Transfers and the return procedure).

Lawyers may accompany their clients during the ICAM-interview, but as this relatively new procedure has not yet been included in the ‘nomenclature’ of the legal aid system, these services are not automatically covered by legal aid. In the meantime, it depends on each bar association whether this service is covered for their member-lawyers. In practice, few lawyers assist their clients during the ICAM-interviews.[83]

Voluntary return can also be organised from a detention centre. Detention centres, as well as return houses for families with minor children (see return houses) are officially registered as independent voluntary return partners. Return coaches from detention centres must convince the persons detained pending their return to cooperate in returning and, if appropriate, to join the voluntary return programme. Assistance in the context of voluntary return does not automatically apply to all persons held in detention centres. In principle, this assistance is not provided to foreign nationals who have committed crimes.[84]

In 2024, 3,267 persons returned voluntarily to their country of origin, an increase of 11% compared to 2023. Around half of the returnees were migrants without a residence permit in Belgium, 23% were asylum seekers and the remaining 28% were persons at the end of their asylum procedure.[85]

Forced return procedure

Applicants who do not voluntarily comply with a return decision can be subject to a forced return procedure. The Immigration Office can take measures in view of a forced return after the expiration of the term of voluntary return indicated on the return decision, or if no term to leave the territory was provided.[86] The forced return procedure takes place in the context of detention. One can only be administratively detained in view of an effective removal of the territory (see Grounds for detention). Prior to such a detention measure, alternative measures to detention must be considered (see Alternatives to detention).

If the return is towards a neighbouring country, a car can be used. In other cases, the return is done using train, a scheduled flight with or without an escort or a special flight.[87] The escort can be provided by designated members of the federal police, staff members of the Immigration Office, or Frontex staff active on the Belgian territory.[88] If the former two conduct an escort on an airplane, they shall carry out their escort duties under the authority and operational direction and coordination of a police officer.[89] The staff members of the Immigration Office are allowed to use certain means of coercion after receiving a special training.[90]

The use of force and presence of an escort is based on the willingness to return and follows a ‘sliding scale’.[91] The Immigration Office first gives the choice to the returnee to return without an escort. After a refusal to return without resistance, an escorted return is carried out, if possible, immediately or as soon as possible.[92] The Immigration Office can also proceed immediately with an escort on the plane, provided by the Federal Police, if the person has already made it clear in the detention centre or prison that they absolutely do not want to leave and will resist. In addition, if, based on the profile of the person to be returned and the risk analysis, in terms of the probability ‘that something may or may not happen’ and in terms of the consequences/impact, a Federal Police escort on board the aircraft can be immediately provided as a preventive measure. Persons who pose a high security risk, such as persons convicted of terrorism or who pose a threat because of their attitude and radical actions, are always escorted.

In some cases, the Immigration Office will try to reimburse the costs of the forced return from the foreign national in question, the guarantor, the employer (in case of undeclared labour) or the carrier. If the foreign national wants to return to Belgium after a forced return and he is subject to the visa requirement, he will first have to pay the return costs. If the foreign national does not need a visa to enter Belgium, the costs will be recovered once he arrives in Belgium.[93] In 2023 the Immigration Office recovered € 258,235 from employers, and € 872,850 from foreign nationals, a significant increase compared to 2022.[94]

Source: Immigration Office, Activity Report 2023, available in Dutch here, 78-81.

In 2023, 5,322 removals were conducted. These consisted of 1,843 refoulements at the border, 96 transfers of detainees and 3,383 forced returns. Of these forced returns, the majority (2,174) was conducted using a commercial airliner without escort. In 331 cases, the Immigration Office used an escort. The most recurring nationalities among forced returnees were Albania (14%), Afghanistan (7%) and Morocco (7%).[95] In the case of Afghanistan it is important to note that forced returns to Afghanistan are not organised, so these returns take place in the framework of the Dublin Regulation or in the context of a bilateral agreement with an EU Member State.

[1] Article 9ter Aliens Act.

[2] Article 74/16 Aliens Act.

[3] Article 61/2 – 61/5 Aliens Act and Articles 110bis and 110ter Aliens Decree.

[4] Article 9bis Aliens Act.

[5] Immigration Office, ‘Medical Reasons (article 9ter)’, last consulted on 3 April 2025, available here.

[6] Article 9ter Aliens Act.

[7] Article 9ter §1, al. 2 Aliens Act.

[8] Article 9ter, §2 Aliens Act.

[9] Article 9ter, §1, al. 4 Aliens Act.

[10] Article 9quater Aliens Act.

[11] Article 9ter, §3, 4° Aliens Act.

[12] Article 9ter §1, al. 1 Aliens Act. The Immigration Office, in the context of its right of reply to the 2024 AIDA update noted that the doctor may, if they consider it necessary, examine the applicant and seek additional expert advice, and will issue an independent opinion.

[13] Article 8 Royal Decree of 17 May 2007 concerning the adoption of the implementation modalities of the law of 15 September 2006 amending the Aliens Act.

[14] Article 9 Royal Decree of 17 May 2007 concerning the adoption of the implementation modalities of the law of 15 September 2006 amending the Aliens Act.

[15] Article 13 §1, al. 2 Aliens Act.

[16] Immigration Office, Activity Report 2023, available in French here, 28; and information provided by the Immigration Office in May 2025.

[17] This includes exclusion decisions (25), application without subject (112) and explicit withdrawal (6).

[18] Information provided by the Immigration Office in May 2025.

[19] Immigration Office, ‘Best Interest Procedure for Unaccompanied Minors’, last consulted on 3 April 2025, available here.

[20] Article 74/16 Aliens Act.

[21] See articles 61/14 to 61/25, Aliens Act.

[22] Art. 61/15, Aliens Act.

[23] Art. 61/16 Aliens Act.

[24] Art. 61/17 Aliens Act and Articles 9 and 10 of the UN Childrens Rights Treaty.

[25] Art. 61/19, Aliens Act.

[26] Art. 61/18, Aliens Act.

[27] Plate-forme Mineurs en exil, ‘A 18 ans’, last consulted on 3 April 2025, available here.

[28] Art. 61/20, Aliens Act.

[29] Art 61/23, Aliens Act.

[30] Art 61/14, Aliens Act.

[31] Immigration Office, ‘Follow-up & Life Plan’, last consulted on 3 April 2025, available here.

[32] Vreemdelingenrecht,’ Best Interest Procedure for Unaccompanied Minors’, last consulted on 3 April 2025, available here.

[33] EMN, ‘Comparative overview of national protection statuses in Belgium 2010-2019’, April 2020, available here, 73.

[34] Immigration Office, ‘Human trafficking’, last consulted on 3 April 2025, available here.

[35] Payoke in Flanders (www.payoke.be); Pag-asa in Brussels (pag-asa.be); Sürya in Wallonia (www.asblsurya.org)

[36] Article 61/2, §2, Aliens Act.

[37] Article 61/3, §1, Aliens Act.

[38] Article 61/3, §2, Aliens Act.

[39] Article 61/4, §1, Aliens Act.

[40] Article 61/2, §3 and article 61/4, §2, 1°, Aliens Act.

[41] Article 61/4, §2, 2°, Aliens Act.

[42] Article 61/4, §2, 3°, Aliens Act.

[43] Article 61/5, Aliens Act.

[44] Immigration Office, Activity Report 2023, available in French here, 26.

[45] Immigration Office, ‘Exceptional circumstances (article 9bis)’, last consulted on 3 April 2025, available here. Strictly speaking, humanitarian regularization is not considered a form of protection. However, the author of the report observes that it is often used as a last resort by foreign nationals who do not qualify for other forms of protection.

[46] Article 9bis Aliens Act.

[47] Information provided by the Immigration Office in the context of their right of reply, May 2025.

[48] Article 1/1 Aliens Act.

[49] Immigration Office, ‘Contribution Fee’, last consulted on 3 April 2025, available here.

[50] Article 9quater Aliens Act.

[51] Article 9bis, §1 Aliens Act.

[52] Council of State 9 April 1998, n°73.025.

[53] Article 9bis, §2 Aliens Act.

[54] Immigration Office, Activity Report 2023, available in French here, 28; and information provided by the Immigration Office through their right of reply, May 2025.

[55] Information provided by the Immigration Office through their right of reply, May 2025.

[56] For context, in Belgium, everyone receiving a final rejection on their residence procedure will also receive an ‘order to leave the territory’ (bevel om het grondgebied te verlaten / ordre de quitter le territoire). This document does not indicate which country the person needs to go to when leaving Belgium (i.e., it could be their country of origin or another country where they have a right of residence or stay). This also occurs in the context of a Dublin procedure.

[57] Article 74/14 §1 Aliens Act.

[58] Article 74/14 §2 Aliens Act.

[59] Council of State 9 June 2022, nr. 253.942, available in French at https://bit.ly/3GlIEsz and Council of State 28 March 2022, nr. 253.374, available in Dutch at https://bit.ly/3mcj1Ua.

[60] E.g. CALL 8 March 2018, nr. 200.933; CALL 9 March 2018, nr. 200.976 and 200.977; CALL 5 September 2018, nr. 208.785; CALL 12 October 2018, nr. 210.906; to be consulted on the website of the CALL: https://www.rvv-cce.be/nl/arr

[61] E.g. Council of State (11^th Chamber), 28 September 2017, nr. 239.259, p. 5; Council of State (11^th Chamber), 8 February 2018, nr. 240.691, p. 9; Council of State (14^th Chamber), 29 May 2018, nr. 241.623, points 7 and 8; Council of State (14^th Chamber), 29 May 2018, nr. 241.625, points 8 and 9;

[62] Final report of the Commission for the evaluation of the policy concerning voluntary and forced return of migrants, 15 September 2020, available in Dutch at https://bit.ly/3YEUTGR, p. 25 etc.

[63] Article 74/13 Aliens Act.

[64] Immigration Office, ‘Voluntary return’, available in English here (last consulted on 28 March 2025).

[65] Chamber of representatives, Act on proactive return policy, 12 May 2024, available in Dutch and French here.

[66] Fedasil, 3,267 voluntary returns in 2024, 3 February 2025, available in English here.

[67] A list of the return desks is available here.

[68] Immigration Office, ‘What is ICAM coaching’, last consulted on 3 April 2025, available here.

[69] Immigration Office, Annual Rapport 2023, available in French here (p. 63) and in Dutch here (p. 61).

[70] Article 74/24 Aliens Act, introduced by article 27 of the Law of 12 May 2024 on a proactive return policy, available in Dutch here and in French here.

[71] Article 74/24, §1 Aliens Act

[72] Immigration Office, Annual Rapport 2023, available in French here (p. 63) and in Dutch here (p. 61).

[73] Immigration Office, Annual Rapport 2023, available in French here (p. 63) and in Dutch here (p. 61).

[74] Immigration Office, Annual Rapport 2023, available in French here (p. 67) and in Dutch here (p. 65).

[75] Article 4, §1, 2° Reception Act.

[76] Immigration Office, Annual Rapport 2023, available in French here (p. 65) and in Dutch here (p. 63).

[77] Fedasil Instruction 19 June 2024, The return track and open return places, available in Dutch here and in French here; p. 4-5.

[78] Immigration Office, Annual Rapport 2023, available in French here (p. 66) and in Dutch here (p. 64).

[79] This desk is situated in the main building of the Immigration Office at Boulevard Pachec 44, 1000 Bruxelles.

[80] Immigration Office, Annual Rapport 2023, available in French here (p. 67) and in Dutch here (p. 65).

[81] Article 74/22 §1 4° Alien Act.

[82] Article 74/28 §3, al. 3, 2° Aliens Act.

[83] Information based on exchanges with members of the Brussels Bar Association.

[84] Immigration Office, Voluntary return, available in English here (last consulted on 28 March 2025).

[85] Fedasil, 3,267 voluntary returns in 2024, 3 February 2025, available in English here.

[86] Article 74/15 Aliens Act.

[87] Immigration Office, ‘Return’, consulted on 3 April 2025, available here. A special flight is a form of return using a non-commercial aircraft (military or civilian) equipped for the purpose of returning one or more foreign nationals of a well-defined nationality or of several nationalities, in cooperation or not in cooperation with other European countries.

[88] Article 28/1, §2 Aliens Act, introduced by Article 6 of the Law of 12 May 2024 on a proactive return policy, available in Dutch and French here.

[89] Article 28/1, §2 second paragraph Aliens Act

[90] Article 28/2 Aliens Act

[91] Immigration Office, ‘Steps in return’, consulted on 3 April 2025, available here.

[92] Article 27 Aliens Act.

[93] Immigration Office, ‘Reimbursement of return expenses’, consulted on 3 April 2025, available here.

[94] Immigration Office, ‘Activity Report 2023’, available in Dutch here, 85.

[95] Immigration Office, ‘Activity Report 2023’, available in Dutch here, 80.