Belgium's Constitutional Court Strikes Down Stricter Family Reunification Rules – Major Setback for De Wever Government's Migration Agenda

Xavi

Jul 27

4 min read

Updated: Jul 27

Belgium's Constitutional Court strikes down stricter family reunification rules for subsidiary protection holders.

BRUSSELS — July 27, 2026 — Belgium's Constitutional Court has delivered a major setback to the De Wever government's restrictive migration agenda, issuing a ruling that immediately suspends several key provisions of the 18 July 2025 law that tightened family-reunification conditions for foreigners holding subsidiary protection status.

The court's decision, made public on 26 July 2026, determined that the new two-year waiting period, the requirement for proof of sufficient income and housing, and the €200 administrative fee imposed on applicants infringe upon both Belgium's Constitution and EU Directive 2003/86 regarding the right to family reunification.

Quick Facts: Belgium Family Reunification Ruling 2026

Feature	Details
Ruling Date	July 26, 2026
Court	Belgian Constitutional Court
Law Challenged	18 July 2025 law (tightened family reunification rules)
Provisions Struck Down	2-year waiting period, income/housing proof, €200 administrative levy
Legal Basis	Belgium's Constitution + EU Directive 2003/86
Affected Applicants	Subsidiary protection holders (Syria, Afghanistan, Eritrea, etc.)
Pending Applications	~1,600 to be reassessed under old rules
Government Response	Examining "legislative alternatives"

The Contested Law: What Was Struck Down

The 18 July 2025 law was intended to align the treatment of subsidiary-protection holders with that of recognised refugees . The government argued that the stricter rules would prevent abuse and protect public finances.

Key Provisions Declared Unlawful

Provision	Why It Was Struck Down
Two-Year Waiting Period	Violates EU Directive 2003/86; disproportionate barrier
Mandatory Income & Housing Proof	Lacks evidence support; imposes unnecessary obstacles
€200 Administrative Levy	Unreasonable burden on applicants

The Court's Reasoning

In its 64-page ruling, the court stressed that family unity is a "fundamental right whose core cannot be made illusory by disproportionate procedural barriers" .

"The government had failed to provide reliable evidence that the stricter rules were necessary to curb abuse or protect public finances." — Constitutional Court Ruling

The judges noted that the government had not demonstrated a genuine need for the additional hurdles, nor had it shown that less restrictive measures would be insufficient .

What This Means for Applicants

Immediate Practical Impact

The suspension means Belgian consulates must revert to the previous, more lenient rules with immediate effect :

No two-year waiting period – applicants can file immediately
No minimum income requirement – if the sponsor already receives recognised protection in Belgium
No €200 administrative levy – fee requirement suspended

Impact on Pending Applications

According to the Immigration Office, around 1,600 pending applications —many originating from Syria, Afghanistan, and Eritrea—will now be reassessed under the old framework, potentially accelerating their processing by several months .

What This Means for Employers and Mobility Managers

For Employers

Impact	Details
Reduced Uncertainty	Removes procedural limbo for foreign staff with family caught in the system
Dependants Can Join Faster	International schools and housing providers can expect demand to rebound
Broader EU Trend	Employers should monitor follow-up legislation closely

For International Schools and Housing Providers

Demand for dependant placements this autumn is expected to rebound
Brussels and Antwerp providers who had braced for a smaller intake can expect increased demand

Government Response: What's Next?

State Secretary for Asylum and Migration Anneleen Van Bossuyt said she is "examining legislative alternatives" that comply with the ruling while "maintaining an efficient migration policy" .

Challenges for New Legislation:

Tight parliamentary calendar ahead of the 2027 elections
Must pass EU proportionality checks
Any new bill will face similar legal scrutiny

"This case underscores a broader EU trend: several member states that toughened family-reunification criteria after the 2015 refugee crisis are facing legal challenges grounded in the Charter of Fundamental Rights."

Broader EU Context

A European Trend

Belgium's experience illustrates the limits of national discretion when EU free-movement principles and human-rights obligations intersect :

Several EU member states have toughened family-reunification criteria
These measures face increasing legal challenges grounded in the EU Charter of Fundamental Rights
Courts are increasingly unwilling to accept disproportionate procedural barriers

The Legal Framework

The ruling is based on:

Belgium's Constitution – protection of family life
EU Directive 2003/86 – right to family reunification

Migration-law NGOs had argued that the additional hurdles risked leaving spouses and children stranded in conflict zones for years .

Comparison with Other EU Countries

Country	Family Reunification Rules	Status
Belgium	Stricter rules (2025) struck down	Reversed to old rules
Germany	2-year waiting period for subsidiary protection	Active (facing legal challenges)
Austria	Quota system + income requirements	Active
Netherlands	Two-tier system with stricter rules	Active
Denmark	Exceptionally strict rules	Active

Practical Advice for Affected Applicants

Action	Why It Matters
Apply immediately	The two-year waiting period is no longer in effect
Check with your consulate	Confirm they have updated their procedures
Gather documents	Prepare application for family reunification without delay
Monitor government updates	New legislation may be proposed