Immigration Law

Immigration Law Attorney in Belgium

Mis à jour en février 2026

Obtaining a visa, regularizing your status, applying for asylum, contesting a deportation order: the administrative path for foreigners in Belgium is a real maze. The Immigration Office, the CGRS (Commissioner General for Refugees), the Council for Alien Law Litigation: all these bodies whose decisions can change the course of a life. The Law of 15 December 1980 on access to territory, residence, establishment, and removal of foreigners is one of the most amended texts in Belgian law - proof of the political sensitivity of the subject. In this shifting context, support from a specialized lawyer can make the difference between obtaining a residence permit and receiving an order to leave the territory.

The immigration lawyer: an essential guide

Immigration law is a field where deadlines are strict, procedures formal, and the consequences of error dramatic. An appeal filed one day too late, a missing document, a wrongly ticked box can be enough to reject an otherwise valid application.

The specialized lawyer knows the intricacies of this complex legislation. They know which procedure to prioritize: Article 9bis regularization for exceptional circumstances, Article 9ter for medical reasons, family reunification, application for international protection. Each path has its conditions, deadlines, and chances of success.

They also master appeals. The Council for Alien Law Litigation, a specialized administrative court, examines appeals against decisions from the Immigration Office and CGRS. The procedure there is written, technical, and codified. A poorly drafted appeal is rejected without examination on the merits.

Finally, immigration lawyers have often developed particular sensitivity to difficult human situations. Asylum seekers fleeing war, separated families, unaccompanied minors: these cases require empathy as much as legal rigour.

Immigration lawyer costs

Fees vary according to the type of procedure.

For a regularization application (9bis or 9ter), expect 1,500 to 4,000 euros for file preparation and follow-up. If an appeal to the Council for Alien Law Litigation is necessary, add 1,000 to 2,500 euros.

For an asylum application, second-line legal aid (pro deo lawyer) is widely accessible, as asylum seekers are presumed to have insufficient resources. Check your eligibility at the Legal Aid Office.

For family reunification, complexity depends on the situation: the budget can range from 1,000 euros for a simple case to several thousand euros if problems arise (document authenticity, contested income conditions).

In case of detention in a closed centre, urgency requires rapid intervention. Applications for release before the council chamber are often covered by legal aid.

Common situations in immigration law

Asylum applications (international protection) concern people fleeing persecution or conflict. The procedure goes through the Immigration Office (registration) then the CGRS (examination of the merits). Waiting times are measured in months, sometimes years. A lawyer helps prepare interviews, which are crucial for the credibility of the account.

Regularization for exceptional circumstances (Article 9bis) allows obtaining a residence permit when one can no longer return to their country of origin for compelling reasons. The conditions are strict and the Immigration Office's assessment is discretionary.

Medical regularization (Article 9ter) concerns seriously ill foreigners who could not be treated in their country of origin. A standard medical certificate must demonstrate the severity of the health condition and the unavailability of treatment at home.

Family reunification allows joining a family member already established in Belgium. Income, housing, and health insurance requirements are closely scrutinized. Waiting times can be long.

Finally, appeals against orders to leave the territory, entry bans, and visa refusals constitute a significant part of litigation before the Council for Alien Law Litigation.

Trouvez votre avocat spécialisé

Consultez notre réseau d'avocats en immigration law et prenez rendez-vous directement en ligne.

Questions fréquentes

What is the Dublin procedure?

The Dublin Regulation determines which European state is responsible for examining an asylum application. In principle, it's the first EU country where the applicant was registered. If you transited through Italy or Greece before arriving in Belgium, you could be sent back to that country. Exceptions exist (family ties, humanitarian reasons).

How long does an asylum procedure take in Belgium?

In theory, a few months. In practice, often 1 to 2 years, sometimes longer if appeals are filed. The CGRS interview is the decisive stage: it can take place 2 to 6 months after the application is filed. The decision timeframe then varies depending on case complexity.

Can I work during my asylum procedure?

Yes, after 4 months of procedure if you haven't yet received a decision. A C work permit is then issued, valid for any employer. Note: if your application is rejected and you don't appeal, this right to work expires.

How do I appeal a negative decision from the Immigration Office?

You generally have 30 days to file an appeal with the Council for Alien Law Litigation. The application must be drafted in the required form, with legal arguments developed. A poorly prepared appeal will be rejected. Lawyer assistance is strongly recommended.

What is Article 9bis?

Article 9bis of the Law of 15 December 1980 allows applying for a residence permit from within Belgium when exceptional circumstances prevent returning home to file a visa application. Assessment of these circumstances is left to the Immigration Office, making decisions sometimes unpredictable.

What are the conditions for family reunification?

The sponsor must have stable and sufficient income (generally 120% of social integration income), adequate housing, and health insurance covering the family. Family ties must be proven (civil status documents, sometimes DNA tests). Processing times can reach several months.

Can I be deported during a regularization procedure?

In principle, filing a 9bis or 9ter application doesn't automatically suspend execution of an order to leave the territory. You often need to request a suspension from the Council for Alien Law Litigation in parallel. In case of detention in a closed centre, urgent appeals exist.

How do I prove I'm in danger in my country of origin?

The CGRS examines your personal account, documents you provide, and objective information about the situation in your country (NGO reports, UNHCR, US State Department). The coherence and credibility of your testimony are essential. A lawyer can help you prepare for your interview.

Nexlaw makes finding a Immigration Law expert transparent and simple.

Autres domaines d'expertise

Droit de la famille Droit du travail Droit pénal Droit des sociétés Droit immobilier Divorce et séparation Droit de la consommation Droit fiscal