Author
The recognition of the refugee status initially gives access to a ‘limited right to residence’ of 5 years.[1] After these five years, counting from the day a person has requested international protection, the right to residence becomes unlimited unless the CGRS takes a cessation or revocation decision on the status according to Article 55/3 or 55/3/1 of the Aliens Act, or if the Immigration Office requests the CGRS to withdraw the protection status within 5 years after the recognition. Upon recognition as a refugee by either the CGRS or the CALL, refugees receive a refugee certificate from the CGRS. They should present themselves with this document to their local commune, which will register them in the Aliens Register on the date of their recognition as a refugee. The commune will first issue an electronic ‘A card’ valid for 5 years from the moment of the decision according their refugee status.[2] After 5 years, counting from the moment of the asylum application (meaning that the A-card can still be valid for a certain time on that moment), the beneficiary of international protection should again turn to the commune to request an electronic ‘B card’, which gives access to a permanent right to residence. When the commune cannot issue the B-card in a timely manner, a paper called ‘Annex 15’ temporarily covering the right to residence is issued by the commune.
Beneficiaries of subsidiary protection initially receive a residence right for one year. Unless the Immigration Office is convinced that the situation motivating the status has changed (in which case it asks the CGRS to examine the situation) or the CGRS starts a re-examination of the situation ex-officio, the residence right will be renewed after the first year and then again after two years. During the re-examination of the situation, the validity of the A-card is prolonged. Five years after the asylum application and upon instruction of the Immigration Office, the subsidiary protection status holder receives an unlimited right to residence, unless the CGRS intends to apply cessation or revocation of the status according to Article 55/5 or 55/5/1 of the Aliens Act.[3] Similarly to refugees, persons granted subsidiary protection need to go to the local commune with the decision of the CGRS granting the right to subsidiary protection, or – differently from persons with refugee status – with the decision of the CALL granting subsidiary protection. The commune will register them in the Aliens Register on the date of their recognition and will first issue an electronic ‘A card’ valid for one year, renewable twice for a period of two years. Renewal of this card has to be requested at the commune between the 45th and 30th day before its expiration date. When the commune cannot prolong the card in a timely manner, a paper called ‘Annex 15’ temporarily covering the right to residence is issued by the commune. This document is named an ‘Annex 15’. After 5 years counting from the asylum application, the beneficiary needs to apply for an electronic B card, which gives access to a permanent right to residence.[4]
The new federal government agreement of 31 January 2025 states that it plans on making the obtaining of a ‘permanent’ (unlimited) residence permit subject to conditions such as succeeding a language- and integration test and not being dependent on the social welfare system.[5] These plans are not yet translated into legislation.
[1] Article 49 Aliens Act.
[2] Article 76 Aliens Decree.
[3] Article 49/2(2)(3) Aliens Act.
[4] Article 77 Aliens Decree.
[5] Belgian Federal government agreement 2025-2029, 31 January 2025, available in Dutch here (p. 168-169) and in French here (p. 173-174).