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Medical Residence under Article 9ter

BelgiumHumanitarian protection

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

Official link

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

This is a Belgian residence-permit application on medical grounds under Article 9ter of the Law of 15 December 1980. The DOFI page describes an application by a person residing in Belgium; it does not describe asylum, temporary protection or a resettlement referral. The medical threshold stated is a real risk to life or physical integrity, or a real risk of inhuman or degrading treatment where adequate treatment is unavailable in the country of origin or stay.

See recorded sources
Limits of the record
  • The page describes the medical-residence procedure but does not resolve every interaction with asylum or other residence procedures; do not treat an Article 9ter application as a grant or guarantee of protection.
  • Article 9ter page — mechanism and medical threshold
    Article 9ter of the Law of 15 December 1980 allows a person residing in Belgium to apply for a residence permit when they suffer from an illness that entails a real risk to their life or physical integrity, or a real risk of inhuman or degrading treatment when there is no adequate treatment in their country of origin or in the country where they are staying.

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

Article 9ter covers a person residing in Belgium with an illness that creates a real risk to life or physical integrity, or a real risk of inhuman or degrading treatment if adequate treatment is unavailable in the country of origin or the country where the person is staying. A medical official assesses the illness, the risk and the possibility and accessibility of treatment.

See recorded sources
Limits of the record
  • The page does not specify every nationality or immigration-status edge case or a clinical eligibility guarantee; the designated medical official assesses the individual file and destination-country treatment evidence.
  • Article 9ter page — scope and medical-risk test
    Article 9ter of the Law of 15 December 1980 allows a person residing in Belgium to apply for a residence permit when they suffer from an illness that entails a real risk to their life or physical integrity, or a real risk of inhuman or degrading treatment when there is no adequate treatment in their country of origin or in the country where they are staying.
  • Article 9ter page — medical-official assessment
    the illness, its degree of seriousness, and the treatment deemed necessary, as indicated in the medical certificate;
  • Article 9ter page — medical-official assessment
    the real risk to the applicant's life or physical integrity, or the risk of inhuman or degrading treatment;
  • Article 9ter page — medical-official assessment
    the treatment possibilities and accessibility of treatment in the country of origin or residence.
  • Article 9ter page — mechanism and medical threshold
    Article 9ter of the Law of 15 December 1980 allows a person residing in Belgium to apply for a residence permit when they suffer from an illness that entails a real risk to their life or physical integrity, or a real risk of inhuman or degrading treatment when there is no adequate treatment in their country of origin or in the country where they are staying.

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

The official procedure is an in-country application: send it by registered mail to the Immigration Office, Exceptional Stay Department – Medical Stay Service, Boulevard Pacheco 44, 1000 Brussels. The page lists proof of identity, the applicant’s actual residential address in Belgium, recent information about the illness and treatment possibilities/accessibility, and a standard medical certificate prepared less than three months before filing that states the illness, seriousness and necessary treatment.

See recorded sources
Limits of the record
  • The captured page does not describe a border filing or an application submitted from abroad. Confirm the current address, forms and any case-specific filing instruction before mailing.

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

The Immigration Office first checks admissibility; if admitted, it informs the municipality, which registers the applicant and issues a certificate of registration. A medical official or designated physician assesses the illness, seriousness, necessary treatment, risk and treatment availability and accessibility, and issues an independent opinion. If accepted, the municipality issues an A card for limited stay valid for one year, which becomes an unlimited B card at the end of the five-year period following the application. Renewal is requested at the municipality between 60 and 30 days before the stated expiry date. An appeal against refusal is not suspensive.

See recorded sources
Limits of the record
  • The page does not enumerate work, family, welfare or other day-to-day rights during the process; the route text is procedural information, not an outcome prediction.

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

Use the Belgian Immigration Office’s Medical Stay Service in the Exceptional Stay Department. The Immigration Office (DOFI) instructs applicants to send the application by registered mail to Boulevard Pacheco 44, 1000 Brussels, with the required documents and its standard medical-certificate form.

See recorded sources
Limits of the record
  • No fee, alternative contact channel or anti-fraud notice was present in this captured page; verify current DOFI instructions and forms directly. This source does not promise acceptance or a particular medical outcome.

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

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