New rules on family reunification in Belgium: vigilance remains essential

Since August 18, 2025, the law of July 18, 2025 amending the law of December 15, 1980 has entered into force. It introduces new conditions for family reunification (Law of July 18, 2025 amending the law of December 15, 1980 on access to the territory, residence, establishment and removal of foreigners concerning the conditions for family reunification, M.B., August 18, 2025, p. 64920).

Article 24 of this law contains transitional provisions. These determine whether the old rules or the new ones apply, depending on the time when the application was filed or on the family’s situation.

Family members who obtained a residence right before August 18, 2025 remain subject to the old conditions (art. 24, § 2, Law of July 18, 2025 cited above).

This continuity is not an "advantage" granted by the legislator. It is a minimum requirement of legal certainty and respect for acquired rights.

Two situations benefit from a transitional period until August 17, 2027 (art. 24, § 3, Law of July 18, 2025 cited above):

• Applications filed before August 18, 2025 and still pending.
• Applications filed before August 18, 2027 by a family member of a Belgian or a foreigner already authorized to reside before August 18, 2025.

In these cases, the old rules continue to apply until August 17, 2027.

Specific exceptions also exist for families of beneficiaries of subsidiary protection and temporary protection (art. 24, § 3, al. 3 and 4 of the Law of July 18, 2025 cited above). They enjoy a more favorable regime, even for family ties created after the protected person’s arrival in Belgium.

It should be stressed that all the new rules remain in any case subject to compliance with the principle of proportionality and must be interpreted in light of the Belgian Constitution and Belgium’s international commitments.

The role of national and European courts will be decisive. They will have to remind that any limitation on family reunification must comply with the principle of proportionality and cannot result in a disproportionate interference with family life. It is up to lawyers to ensure that the application of this law remains in line with fundamental rights.

Céline Verbrouck
Founding Lawyer, Altea
Specialist in Immigration Law and Nationality Law

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