The authorisation to stay due to exceptional circumstances and humanitarian grounds.
If you are abroad
It is possible to request authorisation to stay in the country temporarily for other reasons and notably on humanitarian grounds. These reasons are not defined in law. The government is relatively strict when examining these applications.
In all cases, the applicant must be able to prove they have sufficient financial resources, as well as proof of the humanitarian situation justifying their application.
If you are in Belgium
In principle, any application for a residence permit of more than three months must be made abroad at the Belgian diplomatic or consular offices in the applicant’s country of origin. Only when this authorisation has been granted can the person then travel to Belgium.
Article 9bis provides for an exception from this procedural rule. In certain circumstances, an application may be submitted in Belgium i.e. if the person is already in the country, often in precarious or illegal circumstances.
You must:
- have a piece of ID (e.g. passport, identity card, travel document in lieu of passport), which need not be valid;
- have proof of the exceptional circumstances making it impossible or extremely difficult for you to return (even temporarily) to your country of origin;
- indicate the humanitarian grounds justifying that a residence permit be issued in Belgium;
- be in receipt of an allowance of €350 except if you are under 18 years of age.
To obtain authorisation to remain in Belgium on humanitarian grounds, Halabi & Associates, a law firm specialising in immigration law, will help you prepare your application thanks to her fifteen years of expereince and expertise in this area.