The Belgian Constitutional Court has clarified how the means of subsistence requirement applies in family reunification applications. The ruling establishes that the means of subsistence of both the Belgian sponsor and their partner must be taken into account when assessing compliance with this requirement. Previously, some applications were refused because only the sponsor’s means were considered. The decision aims to ensure compliance with principles of equality, non-discrimination, and respect for family life.

The Belgian Constitutional Court has temporarily suspended legislative measures introduced in 2025 that tightened rules on material reception conditions for asylum seekers and family reunification for beneficiaries of subsidiary protection. The suspensions concern two separate laws, and the Court has referred several preliminary questions to the Court of Justice of the European Union (CJEU) to clarify their compatibility with EU law.

Twenty-five organisations have submitted a petition to the Belgian Constitutional Court challenging the new family reunification law, which entered into force in August 2025. The petition highlights concerns that the law creates barriers that may prevent families from reuniting, potentially separating children from their parents indefinitely.