Belgium’s Constitutional Court delivered a major setback to the federal government’s hard-line migration agenda on 26 February 2026, issuing an emergency order that suspends key articles of last summer’s Asylum Act and Family Reunification Act. The interim ruling, requested by two refugee families and several NGOs, found that the contested provisions “appear to conflict with EU law and fundamental rights,” notably the right to family life and the principle of non-discrimination. The Court has now referred five preliminary questions to the European Court of Justice and will decide on permanent annulment once Luxembourg rules. (euronews.com)
At the heart of the dispute is a two-year waiting period before people granted “subsidiary protection” may bring close relatives to Belgium, alongside sharply higher income thresholds for sponsors. Critics argued the changes made family reunification “virtually impossible,” especially for war-torn families from Yemen, Syria and Afghanistan. The Court agreed there is a serious risk of irreparable harm if the rules remain in force while litigation unfolds. (euronews.com)
![Belgian Constitutional Court Halts Tougher Asylum & Family-Reunification Rules]()
Migration Minister Anneleen Van Bossuyt (N-VA) downplayed the scope of the decision, stressing that the suspension “only concerns a very small fraction of cases” and that Belgium’s broader restrictions remain intact. Nevertheless, refugee advocates hail the judgment as proof that Belgian authorities cannot sidestep EU directives or the Charter of Fundamental Rights. (euronews.com)
For individuals and families now weighing whether to apply for Belgian visas or launch family-reunification requests, specialist guidance can save time and prevent costly errors. VisaHQ’s Belgium portal (https://www.visahq.com/belgium/) offers clear checklists, real-time tracking and dedicated customer support for everything from short-stay Schengen visas to humanitarian and family permits, streamlining paperwork while the rules continue to shift.
Practically, the ruling means Belgian consulates and the Immigration Office must revert to pre-2025 criteria for affected applicants with immediate effect. Employers sponsoring talent with humanitarian backgrounds should anticipate fewer delays, while HR teams should review any rejection letters issued under the suspended rules—many cases may now be reopened. Multinationals should also watch for further changes once the ECJ pronounces; the government has hinted it may tweak legislation rather than abandon its “strictest migration policy yet.” (belganewsagency.eu)
At the heart of the dispute is a two-year waiting period before people granted “subsidiary protection” may bring close relatives to Belgium, alongside sharply higher income thresholds for sponsors. Critics argued the changes made family reunification “virtually impossible,” especially for war-torn families from Yemen, Syria and Afghanistan. The Court agreed there is a serious risk of irreparable harm if the rules remain in force while litigation unfolds. (euronews.com)
Migration Minister Anneleen Van Bossuyt (N-VA) downplayed the scope of the decision, stressing that the suspension “only concerns a very small fraction of cases” and that Belgium’s broader restrictions remain intact. Nevertheless, refugee advocates hail the judgment as proof that Belgian authorities cannot sidestep EU directives or the Charter of Fundamental Rights. (euronews.com)
For individuals and families now weighing whether to apply for Belgian visas or launch family-reunification requests, specialist guidance can save time and prevent costly errors. VisaHQ’s Belgium portal (https://www.visahq.com/belgium/) offers clear checklists, real-time tracking and dedicated customer support for everything from short-stay Schengen visas to humanitarian and family permits, streamlining paperwork while the rules continue to shift.
Practically, the ruling means Belgian consulates and the Immigration Office must revert to pre-2025 criteria for affected applicants with immediate effect. Employers sponsoring talent with humanitarian backgrounds should anticipate fewer delays, while HR teams should review any rejection letters issued under the suspended rules—many cases may now be reopened. Multinationals should also watch for further changes once the ECJ pronounces; the government has hinted it may tweak legislation rather than abandon its “strictest migration policy yet.” (belganewsagency.eu)
