Belgium’s Constitutional Court dealt the De Wever government an immediate setback on 26 February when it suspended key parts of the federal migration package that entered into force only last summer. Civil-society organisations and two affected families had petitioned the Court, arguing that the extended two-year waiting period for beneficiaries of subsidiary protection who wish to bring over relatives and the withdrawal of reception rights for certain applicants breached EU directives and fundamental-rights guarantees.
In two separate but related interim judgements, the Court agreed there was a prima-facie incompatibility with European law and fundamental rights such as family life and human dignity. It therefore froze the contested provisions and referred preliminary questions to the Court of Justice of the EU. A final ruling on annulment is expected within three months but, in the meantime, the stricter income thresholds and waiting periods cannot be applied.
Migration Minister Anneleen Van Bossuyt insisted the impact is “limited to a very small fraction of cases” and claimed the overall “strict migration policy” remains intact. NGOs, by contrast, called the decision “a crystal-clear signal that Belgium cannot erode basic protections to score political points.”
![Belgian Constitutional Court Halts Tougher Asylum & Family-Reunification Rules]()
Whether you’re a humanitarian transferee, an HR professional, or a family member eager to join your loved ones, VisaHQ can simplify the paperwork and keep you up to date with the shifting legal landscape. Their Belgium portal (https://www.visahq.com/belgium/) offers step-by-step visa instructions, real-time requirement checks, and dedicated support, making it easier to navigate reunification or work-permit applications while the rules remain in flux.
For employers and relocation managers the ruling removes, at least temporarily, an additional administrative layer for assignees who fall under subsidiary protection, and it may ease pressure on the country’s strained reception network. Corporates sponsoring humanitarian transferees should, however, monitor the forthcoming ECJ guidance, because the rules could be reinstated—or rewritten—later in the year.
Practical tip: HR teams assisting international hires with family-reunification cases filed since August 2025 should re-check eligibility; applications that were previously put on hold may now proceed under the pre-reform criteria.
In two separate but related interim judgements, the Court agreed there was a prima-facie incompatibility with European law and fundamental rights such as family life and human dignity. It therefore froze the contested provisions and referred preliminary questions to the Court of Justice of the EU. A final ruling on annulment is expected within three months but, in the meantime, the stricter income thresholds and waiting periods cannot be applied.
Migration Minister Anneleen Van Bossuyt insisted the impact is “limited to a very small fraction of cases” and claimed the overall “strict migration policy” remains intact. NGOs, by contrast, called the decision “a crystal-clear signal that Belgium cannot erode basic protections to score political points.”
Whether you’re a humanitarian transferee, an HR professional, or a family member eager to join your loved ones, VisaHQ can simplify the paperwork and keep you up to date with the shifting legal landscape. Their Belgium portal (https://www.visahq.com/belgium/) offers step-by-step visa instructions, real-time requirement checks, and dedicated support, making it easier to navigate reunification or work-permit applications while the rules remain in flux.
For employers and relocation managers the ruling removes, at least temporarily, an additional administrative layer for assignees who fall under subsidiary protection, and it may ease pressure on the country’s strained reception network. Corporates sponsoring humanitarian transferees should, however, monitor the forthcoming ECJ guidance, because the rules could be reinstated—or rewritten—later in the year.
Practical tip: HR teams assisting international hires with family-reunification cases filed since August 2025 should re-check eligibility; applications that were previously put on hold may now proceed under the pre-reform criteria.
