Author
The criteria and conditions for obtaining long-term resident status (“status van langdurig ingezetene” in Dutch or “statut de resident de longue durée” in French) are laid down in Chapter IV of the Aliens Act, which refers to the Long-Term Residence Directive.[1] Some modalities can be found in the Aliens Decree.
The following conditions have to be cumulatively fulfilled:[2]
- Having stayed legally and continuouslywithin Belgium for 5 years immediately prior to the submission of the relevant application. Only half of the time between lodging an asylum application and receiving either refugee status of subsidiary protection is taken into account, unless this period exceeds 18 months. Periods of absence are not excluded if they are not longer than 6 consecutive months and do not exceed 10 months in total during the 5 years.
- Having stable and regular resources which are sufficient to maintain themselves and the members of their family, without recourse to the social assistance system of the Member State concerned. For 2025 the required amount is set at 1,038 € per month, plus 346 € per dependent person.
- Disposing of a sickness insurance in respect of all risks normally covered in Belgium.
- Not being considered a threat to public order or national security. An extract of the criminal record needs to be provided.
Asylum applicants who haven’t received a final decision on their asylum application are excluded from the long-term residence status.[3]
The request to obtain the status of long-term resident (‘Annex 16’) has to be lodged at the municipal authorities of the applicant’s place of residence.[4] The municipal authorities confirm this by issuing a certificate of receipt (‘Annex 16bis’).[5] The municipal authorities afterwards transfer the request to the Immigration Office, which takes a decision within 5 months. In the event of a positive decision, or in the absence of a decision after 5 months, the applicant will be included in the civil register and receive an electronic L-card with a validity of 10 years and the mention ‘EU – long-term resident’.[6] In addition to this, the mention ‘international protection granted by Belgium on [date]’ is written on the residence permit for long-term residents.[7] The duration of validity of long-term residence status is unlimited, contrary to the residence L-card itself.[8]
In the event of a refusal, the municipal authorities will notify the applicant with a so-called ‘Annex 17’.[9] Against this decision a suspensive appeal possible.
In case the protection status a beneficiary of international protection is revoked on the basis of Article 55/3/1(2) or 55/5/1(2) Aliens Act, the Minister or their delegate can revoke the long-term residence status.[10] Should this be the intent of the Minister or their delegate, several things such as the family bonds, the duration of stay in Belgium and the family, cultural and social ties to the country of origin have to be taken into account.
[1] Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L016, 44-53.
[2] More info available at: http://bit.ly/2jAyqvU.
[3] Article 15bis §1, 4° Aliens Act.
[4] Article 29(1) Aliens Decree.
[5] Article 29(2) Aliens Decree.
[6] More info about the L-card available: at: http://bit.ly/40U6XW7.
[7] Article 30(2) Aliens Decree.
[8] Article 18(1) Aliens Act.
[9] Article 30(1) Aliens Decree.
[10] Article 18(3) Aliens Act.