After the hearing, the Vulnerable Persons Unit seeks and determines a durable solution. The law provides for three possibilities:
- family reunification in the country where the parents are legally resident;
- return to the country of origin or to the country in which the MENA is authorised to stay
- either under the protection of the parents or other adults who will look after the child;
- or under the protection of public bodies or non-governmental organisations;
- authorisation to stay in Belgium.
When determining a durable solution, the Immigration Office aims primarily to safeguard the family unit, in accordance with Article 61/17 of the Law of 15/12/1980 and Articles 9 and 10 of the United Nations Convention of 20/11/1989 on the rights of the child and the best interests of the child. It verifies whether there are guarantees of reception and the availability of appropriate care, always taking into account the age of the MENA and their degree of autonomy.
- The durable solution is determined elsewhere than in Belgium
If the durable solution is a return to the country of origin or to the country in which the minor has a right of residence, the Immigration Office issues a return decision (Annex 38) and informs the guardian.
- Search for durable solutions
If a durable solution cannot be found immediately, the Immigration Office will issue a registration certificate (AI) valid for six months in order to seek a durable solution.
One month before the expiry of the AI, the guardian sends an email (to minors [at] ibz.fgov.be ()) requesting (Fr - Nl) an extension of this document, accompanied by all relevant information and documents related to the durable solution, namely:
- the proposed durable solution;
- the family situation of the MENA;
- any specific information linked to the particular situation of the MENA;
- proof of regular schooling.
The Vulnerable Persons Unit may arrange a new interview with the MENA and their guardian depending on the particular situation of the MENA.
If a durable solution cannot be determined at this point, the AI is extended for six months.
- The durable solution is determined in Belgium
If the durable solution is found in Belgium, the Immigration Office issues a temporary residence permit valid for one year (card A) upon presentation of the original national passport.
If the passport cannot be presented, the guardian must provide proof of all the steps taken to establish the identity of their ward by producing official documents from the competent authorities of the country of origin, residence or transit. These official documents must establish a physical link between the document holder and the MENA and cannot be drafted only on the basis of statements by the MENA. The impossibility of obtaining an official document proving identity is assessed on a case-by-case basis by the Immigration Office, on the basis of sufficiently serious, objective and consistent evidence.