Belgium has adopted new rules governing the renewal of residence permits for third-country national students. The amendments introduce stricter requirements concerning study progress, maximum study duration, changes of study programme and enrolment in non-recognised higher education institutions. They were adopted by Royal Decree of 7 May 2026, published in the Belgian Official Gazette on 21 May 2026, and apply from the 2026/2027 academic year.

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.

According to Belgian Minister for Asylum and Migration Anneleen Van Bossuyt, the minimum proof of sufficient means of subsistance for non-EU students wishing to study in Belgium has been increased. She said the measure aims to strengthen study migration as a gateway for international talent while preventing financial abuse and protecting students from precarious situations.

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.

The documents set out key elements of the European Commission’s approach to managing international mobility to the EU. The EU Visa Strategy aims to strengthen the Union’s security and integrity through enhanced visa procedures, modernise the processing and management of visas, and support the EU’s economy and competitiveness by facilitating legitimate travel. Complementing this, the Recommendation on Attracting Talent for Innovation provides guidance to Member States on attracting, admitting, and retaining international students, researchers, highly skilled workers, and innovative entrepreneurs.

Fragomen will host a webinar on recent changes to Belgium’s immigration policies. The session will cover two main areas: first, new rules in the Flanders Region concerning economic migration, including labour migration pathways, contractual liability, and labour market testing; and second, nationwide modifications affecting family reunification, such as stricter financial criteria for visa applications. The webinar will also highlight practical implications for businesses employing foreign nationals.