The Royal Decree of 7 May 2026 replacing Article 104 of the Royal Decree of 8 October 1981 on access to the territory, residence, establishment and removal of foreign nationals as regards excessive prolongation of studies (Official Gazette, 21 May 2026, p. 27772) entered into force on 31 May 2026 and will apply from the 2026-2027 academic year.

The decree raises credit thresholds, tightens reorientation conditions and caps at two the number of different orientations possible during the first three years of residence.

1. Country Overview

Political context : Belgium's migration and asylum policy underwent a significant shift following the federal and regional elections of June 2024. After seven months of negotiations, a five-party centre-right coalition – known as the "Arizona" coalition (N-VA, MR, Les Engagés, CD&V and Vooruit) – took office on 31 January 2025. Both the Prime Minister, Bart De Wever, and the Minister of Asylum and Migration, Anneleen Van Bossuyt, are members of the Flemish nationalist party N-VA (Nieuw-Vlaamse Alliantie). The coalition agreement commits to the strictest migration policy in Belgian history.

Our publication of 5 April 2026 analysed a document adopted by the Steering Committee for Human Rights (CDDH) on 20 March 2026 and warned of the risks raised by the draft Chișinău Declaration then in preparation. The declaration having been adopted on 15 May 2026, the time has come to set out its context, content and the criticisms it warrants.

A new law enters into force on 12 June 2026, replacing the entire procedural framework before the Council for Alien Law Litigation (CCE). Some provisions streamline a body of rules that needed updating. Others raise substantive questions under EU law and the European Convention on Human Rights that courts at both the European and Belgian constitutional level will likely be asked to resolve.

Constitutional Court, Judgment No. 51/2026 of 23 April 2026, Article 8, § 1, paragraph 1, 2°, b), of the Belgian Nationality Code

By Judgment No. 51/2026 of 23 April 2026, the Belgian Constitutional Court held that Article 8, § 1, paragraph 1, 2°, b), of the Belgian Nationality Code violates Articles 10, 11 and 22bis of the Constitution insofar as it does not allow the declaration claiming the attribution of Belgian nationality for a child born abroad to be made when the Belgian parent, who was also born abroad, has died within five years of that child's birth without having made such declaration.

On 26 February 2026, the Belgian government tabled a bill amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreign nationals (DOC 56 1377/001). The bill would allow the Immigration Office to impose lifetime entry bans on persons registered in the T.E.R. database (Terrorism, Extremism, Radicalisation), namely terrorists, potentially violent extremists and hate preachers residing irregularly in Belgium.

In Judgment No. 38/2026 of 2 April 2026, the Belgian Constitutional Court strikes down a restrictive reading of Articles 40ter, § 2, paragraph 2, 1°, and 42, § 1, paragraph 2, of the Law of 15 December 1980. When assessing the means-of-subsistence requirement for family reunification with a "sedentary" Belgian, the Immigration Office had been taking into account only the Belgian sponsor's personal income. The Court holds that this interpretation violates Articles 10 and 11 of the Constitution, read in conjunction with Article 8 of the European Convention on Human Rights.

On 14 and 15 May 2026, the Committee of Ministers of the Council of Europe will meet in Chișinău (Moldova) for its 135th session. On the agenda is the adoption of a political declaration on the interpretation and application of the European Convention on Human Rights in the context of irregular migration and the situation of foreign nationals convicted of serious offences.

Two important judgments—handed down in Brussels and Antwerp—strongly reaffirm the purpose of Article 10, §1 of the Belgian Nationality Code (BNC): to prevent a child born in Belgium from remaining without a nationality. Beyond the specific situations discussed in these cases, which involved children of Palestinian parents, these decisions are relevant to all files in which a child born in Belgium risks statelessness (or is confronted, in a purely theoretical way, with the alleged existence of a foreign nationality that is difficult to obtain, uncertain, or unproven).

A refusal of a study visa can ruin an academic year… even if the decision is unlawful. In an important judgment of 26 February 2026 (No. 22/2026), the Belgian Constitutional Court confirms a procedural reality that is often overlooked: in principle, the “extremely urgent” suspension procedure before the Council for Alien Law Litigation (CCE) is not available against a refusal of a student visa.