Any non-exempt person wishing to stay in Belgium for more than 90 days is informed that their efforts to integrate into Belgian society will be monitored by the Immigration Office.
These general residence conditions apply to applications submitted after 25 January 2017 to a Belgian diplomatic or consular post (visa D application) or to the municipal administration for the place of residence (residence application).
The obligation to prove the efforts made to integrate into Belgian society does not apply:
- to minors (less than 18 years old);
- to people who are seriously ill;
- to the people referred to in Articles 388, 491 and 492 of the Civil Code;
- to refugees (status recognised by Belgium);
- to beneficiaries of subsidiary protection (granted by Belgium);
- to the beneficiaries of the Association Agreement between the European Economic Community and Turkey, signed on 12 September 1963.
On the other hand, the requirement does not apply to the following applications:
- applications for international protection;
- applications for authorisation or admission to residence submitted by a foreigner recognised as stateless by the competent Belgian authorities;
- applications submitted on the basis of the following Articles of the Act of 15 December 1980;
- Article 10, §1, 4° to 6°, insofar as it concerns the family members of a foreigner who has been recognised as a refugee or who enjoys subsidiary protection or who has been recognised as stateless by the competent Belgian authorities;
- Article 10, §1, 7°;
- Article 19, §2, second paragraph;
- Article 40;
- Article 40bis;
- Article 40ter, insofar as it concerns the relatives of a Belgian national who has exercised their right to free movement, in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union;
- Article 58;
- Articles 61/2 to 61/4;
- Article 61/7;
- Article 61/26;
- Article 61/29-4;
- Article 10bis, §§ 4 to 6;
- Article 61/34;
- Article 61/45;
A consolidated version of the Act of 15 December 1980 on access to the territory, residence, the establishment and expulsion of foreigners was published on the FPS Justice site: http://www.ejustice.just.fgov.be/cgi_loi/loi.pl
1. Person authorised to stay in Belgium for a limited period of time (A card)
At the latest when they apply for the renewal of their A card for the first time, the person authorised to stay in Belgium for a limited period of time must prove that they have made efforts to integrate into Belgian society. Subsequently, the Immigration Office may carry out other checks for four years from the expiration of a one-year period after the granting of the first authorisation to stay.
As part of these checks, the Immigration Office may request information and documents proving integration efforts.
2. Person authorised to stay in Belgium for an unlimited period of time (B card)
The Immigration Office may monitor the efforts made by a person authorised to reside in Belgium for an unlimited period of time to integrate into Belgian society for four years from the expiration of a one-year period following the granting of the authorisation for unlimited residence.
As part of these checks, the Immigration Office may request information and documents proving integration efforts.
3. Person residing in the capacity of a family member of a resident Belgian national (F card)
The Immigration Office may monitor the efforts made to integrate into Belgian society by a person who is staying in the capacity of a family member of a resident Belgian national for four years from the expiration of a one-year period following the granting of the authorisation for unlimited residence.
As part of these checks, the Immigration Office may request information and documents proving integration efforts.
When assessing the efforts made by a person to integrate into Belgian society, the Immigration Office will take into account, in particular, the following criteria:
- attending an integration course provided by the competent authority for the principal place of residence;
- engaging in an activity as an employee, official or self-employed person;
- presentation of a diploma, certificate or proof of enrolment issued by an organised, recognised or subsidised educational institution;
- attending vocational training recognised by a competent authority;
- knowledge of the language of the place of registration in the population or immigration register;
- active participation in club life.
If efforts to integrate into Belgian society are non-existent or insufficient, the Immigration Office may refuse to renew the residence permit or may terminate the stay. However, before taking such a decision, the Immigration Office will take into account the nature and closeness of the individual's family ties with other people residing in Belgium, the duration of their stay in Belgium as well as the existence of family, cultural or social ties with their country of origin.