België heeft, samen met de Europese Commissie, de rol van medevoorzitter van de EMN Return Expert Group (REG) op zich genomen. In die hoedanigheid was EMN België op 16 juni 2026 gastheer van een plenaire vergadering van de REG in Brussel.

A draft law introducing the possibility of home searches to enforce return decisions has begun its parliamentary examination in the House of Representatives. The measure would concern certain third-country nationals subject to an enforceable return decision who do not cooperate with their return and are considered to pose a risk to public order or national security. Discussed by the Committee on Home Affairs on 16 June 2026, the proposal will be subject to consultations with experts and stakeholders before the committee continues its examination.

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.

On 23 April 2026, the Belgian Chamber of Representatives adopted a bill introducing the possibility of imposing a lifetime entry ban on certain foreign nationals. The measure concerns individuals registered in the national database on terrorism, extremism and radicalisation and amends the Law of 15 December 1980 on access to the territory, residence, establishment and removal of foreign nationals.

Belgian Minister for Asylum and Migration Anneleen Van Bossuyt is carrying out a visit to the Democratic Republic of Congo. The visit takes place in the context of a marked increase in asylum applications from Congolese nationals in Belgium in recent years. The mission aims to discourage unfounded asylum applications, address the misuse of visa procedures, counter document fraud and misleading messages from smugglers, and strengthen cooperation on return and the fight against irregular migration. 

Belgium and Algeria have signed two linked agreements, one on the readmission of irregularly staying Algerians and another providing a visa exemption for holders of Algerian diplomatic and service passports. The readmission agreement introduces measures to speed up identification, extend the validity of travel documents, allow the return of multiple individuals on the same flight, and permit the use of Algerian escorts during enforced returns.

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) has adopted its position on the proposed changes to the EU’s policy on the return of non-EU nationals illegally staying in the EU. Among the key measures, third-country nationals with a return decision must cooperate with authorities, may be returned to an agreeing third country, and could face detention of up to 24 months if they do not cooperate or risk absconding. The vote now moves to the full Parliament for approval, paving the way for negotiations with the Council on the final form of the legislation.

The Court of Justice of the European Union (CJEU) has ruled on how maximum detention periods should be calculated for third-country nationals subject to return procedures. It confirmed that all periods of detention related to the same return decision must be aggregated, even if separated by periods of liberty. The Court also clarified that exceeding the initial six-month detention limit requires judicial review, which must be conducted as soon as possible after an extension decision.

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.

Civil society organisations, as highlighted by Vluchtelingenwerk Vlaanderen, have urged the federal government to abandon the draft law allowing home searches for enforcement of return decisions, citing serious concerns raised by the Council of State. The draft law, first adopted by the Council of Ministers in July 2025, has faced scrutiny from several advisory bodies, including Myria, the Children’s Rights Delegate, and the Data Protection Authority. Municipal motions in various cities, including Brussels, Verviers, and La Hulpe, have also questioned its provisions.

A joint initiative coordinated by the Platform for International Cooperation on Undocumented Migrants (PICUM) has brought together over 100 organisations across Europe to urge EU institutions to reject the proposed Return Regulation. The statement, issued on 11 February 2026, highlights concerns that the regulation could expand immigration detention, limit access to essential services, and increase surveillance and control over people in an irregular situation. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) is scheduled to vote on the proposal in early March 2026.

On 3 February 2026, Fedasil published its statistics on voluntary returns for 2025. A total of 3.122 people chose to return to their country of origin. The number is slightly lower than in 2024 but higher than in 2023. The top destination countries include Brazil, Moldova, Syria, Colombia, and Turkey.

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.

Myria, the Federal Migration Centre, has published a new thematic booklet as part of its annual report "Migration in figures and rights 2025". The publication presents recent figures on return, detention and removal, while analysing major legislative developments in Belgian return policy. It also examines the situation of detainees without legal residence in Belgian prisons and reviews the creation of the National Preventive Mechanism against ill-treatment in detention. According to Myria, return indicators have continued to rise after the pandemic, while new laws significantly expand the use of control and coercive measures.

Belgium has confirmed its participation in an exploratory administrative mission to Afghanistan, representing 20 European Union Member States. The announcement was made by Minister of Asylum and Migration Anneleen Van Bossuyt. The mission, organised by the European Commission, aimed to establish technical administrative contacts with Afghan authorities. The initiative has drawn attention from refugee organisations, which have expressed concern about engagement with the Taliban regime.

During the informal European Justice and Home Affairs Council in Cyprus on 22 January 2026, Minister of Asylum and Migration Anneleen Van Bossuyt announced targeted measures to encourage the voluntary return of Syrian nationals. The plan includes enhanced reintegration assistance for Syrians choosing to return to their country, while continuing to implement forced returns for non-cooperating individuals in general, prioritising those irregularly staying in Belgium with criminal convictions.

In its judgment in Case C-679/23 P (WS and Others v Frontex), the Court of Justice of the European Union found that Frontex has specific obligations under EU law in joint return operations, including verifying the existence of enforceable return decisions for all persons involved. The ruling also emphasised that infringements of fundamental rights during such operations may give rise to the agency’s liability. 

The Council of the European Union has agreed its position on a proposal for an EU regulation establishing a common system for the return of third‑country nationals staying in the EU illegally. The proposed regulation introduces common procedures, obligations for those without the right to stay, and tools for cooperation between Member States. It also allows for the creation of return hubs in third countries. Negotiations with the European Parliament will follow to agree on the final text.

On 3 December, CIRÉ launched a campaign to inform the public about a draft law that would permit police, under judicial authorisation, to carry out home searches in specific cases involving foreign nationals subject to enforceable return decisions. The organisation highlights potential concerns regarding privacy and constitutional rights. Several Brussels municipalities have already expressed opposition to the measure. The campaign aims to encourage parliamentary scrutiny and public debate on the proposal.