Illegal residence and regularization
Often, humanitarian stay permits and permits granted for medical reasons are put under the same umbrella. And yet, they are granted using two very different procedures. For humanitarian issues, either the Secretary of State for asylum and migration or the Immigration Office decides at their own discretion, whereas the process to authorize residence permits for medical reasons comes closer to a form of international protection.
Article 9a : humanitarian regularization
In principal, residence requests should be made from abroad. If the foreign national is already staying in Belgium illegally and returning to their home country is either impossible or at least very difficult for them, they can submit a request to Belgium for exceptional circumstances (illness, pending legal decisions…).
The legal grounds for this can be found in article 9a of Immigration Law. In principal, humanitarian stay permits are authorized at the discretion of the Secretary of State for asylum and migration. In practice, it is the Immigration Office that decides whether a foreign national can stay in Belgium.
Article 9b : medical regularization
Article 9b of Immigration Law provides the legal grounds for granting residence for medical reasons. The law specifies a number of factors: the seriousness of the illness, the likelihood of receiving treatment in the foreigner’s own country, and access to this treatment. The Immigration Office issues medical regularization depending on the details of the request.
Myriadoc 10: Belgium, on the road to the United Kingdom
In this publication, Myria focusses on transit migration, and specifically on transit migrants who want to get to the United Kingdom.
2019 Annual report trafficking and smuggling of human beings
Justice for human trafficking victims has a long way to go. With its annual report, Myria wants to contribute to their empowerment and has put together concrete recommendations for the attention of public authorities.
[Brochure] Family reunification with beneficiaries of international protection in Belgium
This brochure explains the family reunification procedure for beneficiaries of international protection in Belgium. The latest update is from autumn 2019
Socio-demographic profile and socio-economic careers of people granted international protection in Belgium, 2001-2014
What is the socio-demographic profile and the socio-economic careers of people who obtained a status of international protection in Belgium? The Belgian Contactpoint of the European Migration Network (EMN) publishes a study on labour market participation of beneficiaries of international protection. The research was done by the demographic research centre DEMO (UCLouvain) in cooperation with Myria.
2018 Annual report trafficking and smuggling of human beings
Myria, the National independent rapporteur on human trafficking assesses in its latest report the detection, reception and support of child victims of human trafficking. According to the findings of Myria Nigerian minors are a particularly vulnerable group.
Priority to the best interests of the child: checklist
Myria presents the list below as a tool to better enable decision-makers and practitioners to consider the best interests of the child, and jurisdictions to better identify and take action against any possible shortcomings.