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Belgian Constitutional Court freezes tougher asylum and family-reunification rules

Feb 28, 2026
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Belgian Constitutional Court freezes tougher asylum and family-reunification rules
Belgium’s ambitious plan to become Europe’s “strictest migration country” hit a major legal road-block on 27 February 2026. In two interim judgments published that morning, the Constitutional Court suspended key provisions of the July and August 2025 migration laws that had extended waiting periods for family reunification and drastically limited reception conditions for people who had already obtained protection in another EU Member State. The judges decided that before ruling on the substance they first needed guidance from the Court of Justice of the European Union and therefore asked five preliminary questions. While that EU process plays out, the disputed provisions are put on ice. Practically this means that beneficiaries of subsidiary protection once again have the right to apply immediately for their spouse and children, and that Fedasil must offer shelter to all new applicants irrespective of whether they previously received protection elsewhere in the EU. Prime Minister Bart De Wever and Migration Minister Anneleen Van Bossuyt had framed the 2025 package as the cornerstone of a hard-line migration policy aimed at “restoring control.” Business groups largely supported the economic-migration elements of the reforms but warned that an overly restrictive asylum regime risked further clogging already over-stretched courts and damaging Belgium’s reputation as the EU’s capital. Human-rights NGOs hailed the suspension as a victory for EU law and family unity.

Belgian Constitutional Court freezes tougher asylum and family-reunification rules


Amid these shifting rules, VisaHQ can offer practical help to both employers and families. Its dedicated Belgium portal (https://www.visahq.com/belgium/) tracks real-time changes to visa categories, pre-screens applications, and coordinates appointments, giving applicants a reliable roadmap through the paperwork while lawmakers and judges hammer out the final regulations.

They point out that, with more than 3,000 international staff posted to Brussels-based companies and institutions every year, Belgium depends on predictable and rights-compliant procedures to remain an attractive destination. Employers who sponsor highly skilled talent often find that family-reunification delays are the biggest obstacle to convincing candidates to relocate; the Court’s decision therefore removes immediate uncertainty for HR and global-mobility teams. What happens next? The Court of Justice could take 12–18 months to answer the preliminary questions. During that time, Belgian parliamentarians face the choice of rewriting the legislation or waiting for the final ruling. Either way, companies moving staff into Belgium should monitor processing times closely: a sudden surge in applications for reception places and family visas is expected over the spring and summer, and Fedasil has already announced contingency plans to lease additional accommodation in Leuven and Namur.

Belgian Visas & Immigration Team @ VisaHQ

VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.

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