The Council of Ministers approved a crisis measures package which includes measures to limit material reception conditions, restrict subsequent applications, tighten family reunification rules, end the possibility for providing integration income for applicants.
The draft laws and royal decrees are now pending with the Council of State for opinion.
1. Restricted material reception conditions: these apply for applicants with a protection status in another EU Member State and for minors who apply for international protection independently, after the parents’ application had been rejected.
2. Restricted examination of subsequent applications: when a person with a protection status in another Member State applies for international protection again in Belgium, the examination is limited to new elements that significantly increase the chances of granting international protection, and the final decision of another EU Member State will be adopted based on the principle of mutual trust. In this latter case, the application is declared inadmissible in Belgium.
3. Tightening family reunification rules: The financial requirement for family reunification is increased to 110% of the guaranteed minimum net monthly income, and is increased by 10% for each person wishing to join the sponsor. Depending on the status of the sponsor, the waiting period for family reunification is extended to one or two years. The period when more favourable conditions apply for refugee sponsors is reduced from 12 months to 6 months. Persons with subsidiary protection or with temporary protection will have to wait 2 years and will not be under more favourable conditions – they must fulfil all criteria if they wish to start the family reunification procedure. Starting a new family will not be possible for this group. When EU law permits, the age limit for reuniting with a spouse or registered partner is increased to 21 years, to prevent forced or child marriages.
4. Ending applicants’ integration income: The law specifies that only Fedasil can provide material reception conditions for applicants, which consists exclusively of material support. Thus, applicants can no longer receive social assistance from the CPAS.