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Exceptional Residence under Article 9bis

BelgiumHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Belgium Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Article 9bis is an exceptional way to request residence from within Belgium, rather than applying through the normal route abroad. The applicant must show exceptional circumstances that make applying from abroad impossible or especially difficult; the Immigration Office assesses this case by case.

See recorded sources
Limits of the record
  • Exceptional circumstances are assessed individually; the page does not give an exhaustive list or guarantee what facts qualify.
  • Article 9bis application — route
    Article 9bis of the law of 15 December 1980 allows a person to submit an application for a residence permit to the mayor of the locality where they actually reside if exceptional circumstances justify the submission of this application in Belgium rather than abroad (in accordance with article 9, paragraph 2) and on condition that they present an identity document.
  • Exceptional circumstances — assessment
    The Immigration Office (department 9bis) assesses exceptional circumstances on a case-by-case basis.

Which population, circumstances or geographic group does the mechanism cover?

It covers a person actually residing in a Belgian municipality for whom exceptional circumstances justify applying in Belgium rather than abroad, meaning that returning to their country of origin or to a country where they are authorised to stay to apply there is impossible or especially difficult. Integration into Belgian society is not, in itself, an exceptional circumstance.

See recorded sources
Limits of the record
  • The official source does not state the complete answer to this question for this route.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The applicant applies to the mayor of the municipality where they actually live; an application sent directly to the Immigration Office will not be considered. Applicants normally provide a recognised international passport, equivalent travel document or national identity card; the document need not necessarily be valid. The application must explain why return to the country of origin or another authorised country to apply for a D visa is impossible or especially difficult. Integration into Belgian society, by itself, is not enough.

See recorded sources
Limits of the record
  • Some identity-document exceptions exist, but the complete qualifying circumstances are not reproduced in this answer.
  • Identity document
    Acceptable identification documents include: a recognised international passport, or equivalent travel document, or a national identity card. These documents do not necessarily have to be valid.
  • Exceptional circumstances
    Applicants must demonstrate that it is impossible or especially difficult for them to return to their country of origin or to a country where they are authorised to stay, in order to apply for a residence permit in accordance with Article 9, paragraph 2 of the Law of 15 December 1980
  • Exceptional circumstances — examples excluded
    integration into Belgian society, is not, in itself, an exceptional circumstance justifying an application for a residence permit in Belgium.
  • Article 9bis application — route
    Article 9bis of the law of 15 December 1980 allows a person to submit an application for a residence permit to the mayor of the locality where they actually reside if exceptional circumstances justify the submission of this application in Belgium rather than abroad (in accordance with article 9, paragraph 2) and on condition that they present an identity document.
  • Article 9bis application — filing location
    An application made directly to the Immigration Office will not be considered.

What happens after the request: registration, family handling, major support and rights where officially stated?

Non-exempt applicants must pay the contribution fee and include proof of full payment. The municipality checks actual residence at the stated address within 10 days; if positive, it forwards the application to the Immigration Office. Prior rejected asylum or residence-application grounds may be inadmissible under the listed rules.

See recorded sources
Limits of the record
  • The fee amount and all exemptions are not stated in the captured page; inadmissibility grounds are not exhaustive here.
  • Article 9bis application — contribution fee
    All non-exempt persons must pay a contribution fee and present proof of full payment when the application is submitted.
  • Residency check
    The municipal administration will check whether the person actually resides at the address indicated within 10 days of submitting the application for a residence permit.

Which competent authority, UN body or official assistance channel should the person use?

The application goes to the mayor of the municipality where the person actually lives; an application made directly to the Immigration Office will not be considered. The municipal administration checks, within 10 days of the application, whether the person actually resides at the address indicated; if the investigation is positive, it transmits the application to the Immigration Office (department 9bis), which assesses exceptional circumstances case by case and decides. A refusal is notified via the municipal administration to the applicant and their lawyer; an appeal may be lodged against the decision but does not have suspensive effect. The official source does not state the type or duration of the residence permit issued if the application is granted.

See recorded sources
Limits of the record
  • The official source does not state the type or duration of the residence permit issued if the application is granted.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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