The MYRIA federal migration centre believes the measures announced by the federal government in its ‘Easter Agreement’ infringe on the right of foreign nationals to live with their families and could prove counterproductive in terms of integration.
In a press release issued on Tuesday, MYRIA announced that it has submitted its observations to the government and hopes for a constructive dialogue.
The increase in the minimum amount required for stable and regular means of subsistence is one of the measures announced by the government of Prime Minister Bart de Wever to tighten up access to family reunification.
Higher qualifying income
From now on, a worker wishing to be joined by relatives will have to have a net income equal to 110% of the guaranteed minimum monthly income, plus 10% for each additional person. This is equivalent to €2,745 net for a worker wishing to be joined by his partner and two children.
MYRIA points out that the EU Family Reunification Directive states that Member States may require applicants to provide proof of sufficient stable and regular income to be able to support themselves and their families without recourse to the social assistance system of the host Member State.
The current Belgian legal framework already stipulates that the sponsor must have resources equivalent to 120% of the social integration income, i.e. €2,131.28 net. "This amount is already much higher than the requirements set out in European law and prevents it from becoming a burden on the State," notes MYRIA.
Shorter window for refugees family reunification
In addition, the government has announced that it wishes to reduce from 12 to 6 months the period during which family members of refugees can apply for family reunification without having to demonstrate that the material conditions (sufficient resources, housing and health insurance) have been met.
"MYRIA fears that such a deadline will be very difficult for refugee family members to meet, given the obligation to submit the application in person to the diplomatic post and the many obstacles they face in submitting their application (using a specialised service, collecting, translating and legalising documents, obtaining an appointment with the service provider, travelling to the diplomatic post, covering the costs of the procedure, etc.)," the organisation states.
In MYRIA's view, such a reduction in the time limit must be accompanied by significant compensatory measures: the possibility of submitting the application for family reunification from Belgium and/or remotely; consolidation of the current administrative practice of allowing incomplete applications to be submitted; and the obligation to inform refugees of the conditions for family reunification and of the procedure to be followed once refugee status has been recognised.
