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COUNTRY FACTSHEET: Belgium 2015 EUROPEAN MIGRATION NETWORK
1. Introduction
This EMN Country Factsheet provides a factual overview of the main policy developments in migration
and international protection in Belgium in 2015, including latest statistics.
2. Common European Asylum System
2015 was marked by a significant increase in the
number of asylum applications in Belgium. In this context, the Belgian authorities increased the reception capacity. In less than 6 months, the reception capacity doubled to 33,500 reception places (at the end of 2015). Moreover, the Reception Agency
(Fedasil) took a number of measures to increase efficiency and optimize the use of places in the
reception network. The staff of the asylum authorities and the Immigration Office also increased.
Different measures were taken to ensure a swift and efficient asylum procedure. Furthermore, in order to reduce the pressure on the reception system, the Immigration Office decided as from August 2015 to limit the number of asylum applications lodged daily. Priority was given to families and vulnerable asylum applicants. Those waiting for the possibility to fully
introduce their application were pre-registered and redirected towards pre-reception emergency structures.
Belgium increased its efforts in the field of resettlement. By the end of 2015, 276 refugees were resettled to Belgium. Besides, an additional 281 Syrians arrived in Belgium with a humanitarian visa. At the end of 2015, Belgium started with the relocation of asylum applicants from Italy.
The transposition of Directive 2013/32/EU and Directive 2013/33/EU remains pending, while some
articles of the Asylum Qualification Directive 2011/95/EU have been transposed. Amendments to the Immigration Act came into force in September
2015 according to which some competences of the Commissioner General for Refugees and Stateless Persons (CGRS) were extended in relation to threats to society and national security. The CGRS is the responsible organisation for assessing asylum applications and can now also refuse or withdraw the
refugee status or subsidiary protection status if the applicant poses a serious threat to national security or has been convicted for a serious crime. In December 2015, a Royal Decree came into force which reduced the waiting period for asylum seekers to access the labour market: asylum seekers can apply
for a work permit if they have not yet received a first instance decision within four months following their
application for asylum (instead of six months).
Furthermore, it was decided to no longer automatically grant refugees permanent residence, but a temporary residence permit of five years. Permanent residence
will be granted after five years if the situation remains unchanged.
3. Unaccompanied Minors and other Vulnerable Groups
The General Policy Note of the State Secretary for Asylum Policy and Migration of November 2015 underlines the need for special attention to several categories of vulnerable groups. Besides unaccompanied minors (UAMs), it also refers to
Lesbian, Gay, Bisexual and Transgender (LGBT) asylum seekers and asylum seekers with mental health
problems and single mothers. In relation to vulnerable groups, the same Policy Note refers to the introduction of a new reception model where collective reception in open reception centres applies as general rule, while individual reception in individual housing is reserved for vulnerable asylum seekers, as more suited option
to meet the needs of vulnerable individuals. However, due to the high influx of asylum seekers, this new model could not be implemented in 2015.
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Notwithstanding the pressure on the reception system, Fedasil made efforts to ensure a minimum degree of security for women in the new and emergency
reception facilities, including lockable rooms and nearby and well-lit access to sanitation.
The prohibition of all actions of sexual and gender-based violence as particular forms of violence was added to the house rules of the reception centers and guidelines were produced by Fedasil on child
marriages. Fedasil continues to focus on a gender-sensitive approach, including the expansion of initiatives for child care and appropriate care for victims of violence.
New practices specifically related to unaccompanied minors include:
New identification form for UAMs to be completed
by authorities;
Better cooperation between authorities (e.g. Immigration Office and Police) and the guardianship service to improve and speed up the identification process;
Increase of the number of guardians and a coaching
programme, a helpdesk, individual support and information sessions to support them.
4. European Policy on Legal migration and
Integration
A. PROMOTING LEGAL MIGRATION CHANNELS
The work to compile a single ‘Immigration Code’
including the existing asylum and immigration legislation has continued in 2015. In particular, the State Secretary for Asylum Policy and Migration indicated that the work will be organised thematically and progress was made as working groups were set up. Eventually, this code will aim to be an
understandable and easily readable document for both migrants and Belgian administrations.
B. ECONOMIC MIGRATION
From an institutional point of view, the focus lied in 2015 on the practical implementation of the transfer of a set of competences – including labour migration policy - from the federal State to the Regions and the
German-speaking Community (a transitional period was still partly running in 2015 and is expected to end in 2016).
In terms of legislative changes, a political agreement was reached and arrangements were taken between the competent entities (the Federal State, the Regions and the German-speaking Community) at the end of 2015 for the transposition of the Single Permit
Directive (which is now awaiting approval), while preparations also took place for the other two EU Directives (ICT and Seasonal Workers).
Since March 2015, people applying for certain residence permits need to pay mandatory fees (EUR 60, 160 or 215) in order to cover the administrative costs linked to the processing of their application.
As for long-term residents, the Regions approved measures to facilitate their access to the labour market, as they no longer need a work permit after working 12 months in a bottleneck occupation.
C. FAMILY REUNIFICATION
There were no key legal development in 2015, although some modifications have been discussed and are expected to become law in 2016: among others, the lengthening of the maximum decision time for family reunification requests; the extension of the period to control the fulfilment of the conditions for family reunification from three to five years; measures
relating to the fight against misuses of the right to family reunification such as marriages / legal cohabitations of convenience.
D. INTEGRATION
In terms of legislative changes, several draft laws are planned for 2016 regarding civic integration. For example, a Concept Policy Paper was approved by the
Flemish government for the Recognition of Competences (EVC) in 2015 and it is planned to become a Decree by 2017. The Flemish government also approved the strategic objectives of the Horizontal Integration Policy Plan, which aims at reducing the origin gap in all policy areas and also focuses on
undocumented migrants. Its draft should be presented to the Flemish government in 2016.
As regards institutional changes, the existing
institutions and organisations of Flanders and Brussels in the sector of integration and civic integration are merged and integrated in the External Autonomous Agency for Integration and Civic Integration since January 2015.
In terms of practices and measures, several reports, information leaflets and projects on integration were developed by a wide range of entities, mainly NGOs, many of whom are also funded by the AMIF. They
have different focuses ranging from 16-18 years old newcomers to low literate women with children. A pilot project has been launched by the Flemish Minister
for integration to encourage inter-municipal (minimum three cities/municipalities) cooperation on integration of persons of foreign origin.
Finally, in October 2015, the Flemish Agency Integration and Civic Integration launched an
Asylum and Integration Infoline. Officials of local governments and professional aid and service providers can address practical questions about the integration of asylum seekers, such as questions about the use of a social interpreter or translator, on how to familiarize asylum seekers with the community, where to find Dutch language courses, etc.
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E. MANAGING MIGRATION AND MOBILITY1
In September 2015, the Immigration Office launched a project to set up a consular cooperation
mechanism on Schengen visas in selected third countries presenting a high risk of fraudulent
Schengen visa applications. 11 European countries are involved.
Specific measures undertaken to address unexpected inflow of third country citizens in the country included: creation of additional reception places, recruitment of additional staff; creation of pre-reception emergency places and administrative
measures such as case management measures of asylum applications (e.g. the CGRS can refuse an application for threat to national security) and optimization of the reception network.
F. EXTERNAL DIMENSION OF EU MIGRATION POLICY
At the end of 2015, the Minister for Development Cooperation put forward three priorities for the Belgian development policy, including addressing the root causes of migration. Furthermore, in May 2015, the Belgian government redefined its partner countries for governmental cooperation (from 18 to
14) and decreased the number of multilateral organisations to be partners of the Belgian Development Cooperation. The aim is to avoid a dissipation of efforts and to increase synergies.
In July 2015, the members of the Interdepartmental Commission on Policy Coherence for Development
(PCD) were designated and they met for the first time in October 2015. Their tasks include information sharing, awareness raising and making recommendations.
Belgium also participated and provided funding for several projects. For example, Belgium has contributed in 2015 to two programmes from migrant
associations established by the African Diaspora in Belgium active in the health sector in the DRC.
Belgium assumed the one year Presidency of the Council of the International Organization for Migration since November 2015.
5. Irregular Migration and Return
A. COUNTERING IRREGULAR MIGRATION CHANNELS
New border control measures to facilitate border
surveillance introduced or expanded in 2015
included: first six automated border control gates at Brussels National Airport; updating and installing passport readers at all external border crossing points; national VISANET system via a pilot project.
In terms of trainings, a national eLearning platform was set up to provide basic training to border guards. Belgian border guards also participated in several Frontex training activities.
1 “Managing migration and mobility” refers to the following themes: visa policy, Schengen governance and border monitoring.
Regarding the fight against misuse of legal migration channels, multiple initiatives were taken in the field of
identity fraud. Legal modifications were also prepared in the fight against misuses of the right to family reunification (e.g. measures against false declarations of parenthood).
Furthermore, the Belgian authorities carried out several information, prevention and dissuasion campaigns in third countries of origin, including two campaigns involving social media (in Iraq and Afghanistan).
Finally, in June 2015 a temporary taskforce ‘transmigration’ has been set up within the COTER platform (Coordination Return), tasked with the identification of concrete and prompt measures to be taken against irregular migration.
B. THE FIGHT AGAINST FACILITATION OF IRREGULAR
MIGRATION
The first Belgian Action Plan specifically on the Fight against human smuggling was adopted in December 2015, covering the period 2015-2018.
Concrete measures will be implemented in the coming years, in order to allow specific investigations, to enhance cross-border cooperation, to inform and involve the financial community, to improve data collection, to train staff on human smuggling, and to improve information campaigns in third countries on the risk of human smuggling.
Furthermore, throughout 2015, actions were taken in the field of control and investigation (e.g. control
actions were carried out on routes used by smugglers), prevention (e.g. awareness raising campaigns in third countries, ) and protection (e.g. efficient referral of
unaccompanied foreign minors). C. RETURN The return of irregular migrants – including rejected asylum seekers – remained a priority of the government in 2015. A specific focus was put on the
return of migrants who represent a threat to the public order/ security. Changes to the criminal law at the beginning of 2016 made it possible to remove criminal foreign nationals to their country of origin within six months before the end of their sentence as well as six months before an early release.
Belgium organized or participated in 25 return flights, accounting for a total of 154 returnees. The main countries of destination were Albania, Democratic Republic of Congo and Serbia. The government aims at increasing the capacity of
the closed centres for irregular migrants from 452 residents (in November 2015) to 605 in 2016. The increase in capacity and staff started in 2015.
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Regarding voluntary return, an Action Plan was presented in July 2015. It defines a series of measures to meet three main goals: embed and strengthen the
‘return path’; improve access to the voluntary return programme; and inform irregular migrants outside of the reception system about voluntary return via their formal and informal representatives.
6. Actions against Trafficking in Human Beings
On July 2015, the new national Action Plan on the fight against human trafficking 2015-2019 was published. It aims, among others, at optimizing legal or regulatory criminal instruments and ensure their efficient implementation, develop long-term and coordinated training programmes, refine the protection
status of victims and improve the positioning of reception centres, and develop better synergy between federal and federated actors to reinforce actions at all
levels.
Regarding awareness raising and prevention of trafficking, information tools and training were further developed and tailored to the specific needs of the
various stakeholders. In addition, the Parliament of the French Community adopted, on 29 April 2015, a resolution aimed at fighting trafficking and exploitation of foreign young football players in Belgium. Furthermore, several information and prevention campaigns have been carried out in third countries, such as in Nigeria.
In the field of investigation and prosecution, information provided by means of a joint Circular to stakeholders involved in this field, was updated. The focus was inter alia placed on detection of underage
victims, practical indicators to identify victims, non-punishment of victims.
Finally, in the field of protection, transnational referral mechanisms have been further developed with the Benelux countries as well as with Hungary and the Netherlands (the latter in the framework of the RAVOT-EUR project). Also recommendations were finalized in 2015 to involve the health sector in all referral mechanisms as part of the EU Guidelines
project.
STATISTICAL ANNEX
The Statistical Annex provides an overview of the latest available statistics for Belgium on aspects of migration and asylum (2012-2015), including residence, asylum, unaccompanied minors, irregular
migration, return and visas. Where statistics are not
yet available, this is indicated in the Annex as “N/A”.
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Statistical Annex: Immigration and Asylum in Belgium (2012-2015)
1. COMMON EUROPEAN ASYLUM SYSTEM
Figure 1: Asylum applications as a share of the total population in
Belgium, EU average and EU high and low (2012-2015)
Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016
Figure 2: Number of asylum applications and as a share of the total
number of applications in the EU (2012-2015)
Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016
Table 1: Asylum applications: Top five third-country nationalities (2012–2015)
2012 2013 2014 2015
Nationality Nr
%
of
total
Nationality Nr
%
of
total
Nationality Nr
%
of
total
Nationality Nr
%
of
total
Afghanistan 3,290 12% Russia 2,150 10% Syria 2,705 12% Syria 10,415 23%
Russia 2,655 9% Afghanistan 1,675 8% Afghanistan 2,330 10% Iraq 9,470 21%
Guinea 2,190 8% Guinea 1,610 8% Russia 1,850 8% Afghanistan 8,310 19%
Kosovo 1,740 6% Congo 1,540 7% Guinea 1,440 6% Somalia 2,090 5%
Congo 1,590 6% Kosovo 1270 6% Iraq 1,395 6% Russia 1,320 3%
Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016
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Figure 3: Asylum applications: Top five third-country nationalities as
a share of EU total per given nationality (2015)
Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016
Note: the figure reads as: Belgium received 10,415 asylum applications from Syrians or 2.83% of all
asylum applications launched by Syrians in EU in 2015.
Table 2: Asylum applications - First instance decisions by outcome (2012-2015)
Total
decisions Positive
decisions
Of which: Humanitarian
reasons Negative decisions Refugee
status Subsidiary protection
2012 24,495 5,555 3,985 1,565 NA 18,940
2013 21,390 6,280 3,910 2,370 NA 15,110
2014 20,335 8,045 6,460 1,585 NA 12,290
2015 19,420 10,475 8,825 1,650 NA 8,945
Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016.
Figures 4-7: Asylum applications - First instance decisions by outcome (2012-2015)
Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016
7
Figure 8: Negative decision rate for the top five nationalities of applicants at the first instance in comparison with EU for the same given nationality (2015)
Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016
Figure 9: Third-country nationals resettled (2012-2015)
Source: Eurostat migration statistics (migr_asyresa), data extracted 05/07/2016
2. UNACCOMPANIED MINORS
Figure 10: Unaccompanied minors applying
for asylum (2012-2015)
Table 3: Unaccompanied minors (2012-2015)
2012 2013 2014 2015
Unaccompanied
minors (total) NA NA NA NA
Unaccompanied
minor asylum
applicants
975 415 470 2,650
Source: Eurostat Asylum applicants considered to be unaccompanied minors by citizenship, age and sex Annual data (rounded)
[migr_asyunaa], data extracted 06/07/2016; EMN NCPs
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3. EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION
Figure 11: First residence permits, by reason (2012-2015)
Source: Eurostat (migr_resfirst), data extracted 06/07/2016; EMN NCPs
9
Table 4: First residence permits: Top five third-country nationalities (2012–2014)
2012 2013 2014 2015
Nationality Number Nationality Number Nationality Number Nationality Number
Morocco 7,350 Morocco 5,641 Morocco 5,565 Morocco 5,723
United
States 2,438 India 2,325 India 2,568 Syria 4,001
Turkey 2,434
United
States 2,262
United
States 2,374 India 2,805
India 2,177 Turkey 2,064 Unknown 2,062 Unknown 2,437
Unknown 2,060 Unknown 1,824 Turkey 1,953
United
States 2,417
Source: Eurostat migration statistics (migr_resfirst), data extracted 06/07/2016
Figure 12: Resident population of third-country nationals as a share of
total population in Belgium, EU average, EU high and low (2012-2015)
Source: Eurostat migration statistics (migr_pop1ctz), data extracted 04/07/2016
4. IRREGULAR MIGRATION AND RETURN
Table 5: Number of third-country nationals refused entry at external borders (2012–2015)
Third country nationals: 2012 2013 2014 2015
Refused entry at external borders 2,390 1,535 1,535 1,640
Found to be illegally present 15,085 15,075 15,540 16,275
Ordered to leave 50,890 47,465 35,245 31,045
Returned following an order to leave 7,840 7,170 5,575 5,835
Source: Eurostat migration statistics (migr_eirfs)(migr_eipre)(migr_eiord), data extracted 04/07/2016
Table 6: Third-country nationals returned (2012-2014)
Returned as part of forced return measures
Returned voluntarily
Returned through an Assisted Voluntary Return Programme
2012 2,151 5,470 4,508
2013 2,868 4,290 4,110
2014 2,639 2,936 2,739
2015 2,526 3,395 NA
Source: EMN NCPs
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5. SECURING EUROPE’S EXTERNAL BORDERS
Table 7: Number of Schengen visas applications (2012–2015)
2012 2013 2014 2015
Uniform visas (short-stay visas) 233,8490 233,273 219,758 239,500
Source: DG Migration and Home – Complete statistics on short-stay visas issued by the Schengen States
Figure 13: Uniform visa applications received in Belgium as a share of the total number of uniform visa applications in all Schengen states consulates (2012-2015)
Source: DG Migration and Home affairs – Complete statistics on short-stay visas issued by the Schengen States
Table 8: Top five countries in which the highest number of visa applications for Belgium was
lodged (2012-2015)
2012 2013 2014 2015
Country Nr Country Nr Country Nr Country Nr
India 38,520 India 36,466 India 25,983 China 41,557
Russia 22,767 Russia 21,803 Congo 19,774 India 24,630
China 17,625 Congo 19,734 Russia 18,456 Congo 21,324
Congo 15,983 China 17,199 China 17,222 Russia 15,028
Morocco 11,844 Turkey 12,022 Turkey 12,022 Turkey 12,341
Source: DG Migration and Home affairs
6. ASYLUM AND MIGRATION EU FUNDING SOURCES (2007-2013 AND 2014-2020)
Table 9: Asylum, Migration and Integration Fund (AMIF) allocation in euro per area
Areas AMIF 2014-2020
Asylum 30,010,132
Legal Migration and Integration 27,782,558
Return 30,563,247
Technical Assistance 5,908,803
Special cases (resettlement/transfer) 4,000,000
TOTAL 98,264,742
Source: DG Migration and Home affairs
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Table 10: Internal Security Fund (ISF) allocation in euro per area
Areas ISF 2014-2020
ISF Borders 17,519,321
ISF SA Frontex N/A
ISF SA Consular cooperation 3,798,000
ISF Borders Emergency Assistance N/A
ISF Police 17,903,270
TOTAL 39,220,591
Source: DG Migration and Home affairs
Table 11: SOLID funds allocation in euro and share of total funds allocated to Belgium (2007-2013)
SOLID FUNDS 2007 2008 2009 2010 2011 2012 2013 TOTAL
European Refugee
Fund (ERF) N/A
3,307,46
6
(4.5%)
3,632,45
6
(3.7%)
3,823,30
0
(4.1%)
4,219,22
6
(4.3%)
5,421,00
3
(5.2%)
7,329,22
7
(6.5%)
27,732,679
(4.7%)
European Return Fund
(RF) N/A
3,060,89
7(5.5%)
3,087,20
8
(5%)
3,601,75
6(4.4%)
3,741,37
6 (3.4%)
5,238,42
5 (3.4%)
7,389,63
5 (4.2%)
26,119,297
(4.1%)
European Fund for the
Integration of TCN
(EIF)
1,303,51
8 (2%)
1,471,05
6 (1.9%)
1,900,29
1 (2%)
2,104,18
7 (1.9%)
2,549,44
9 (1.9%)
3,634,72
3 (2.2%)
4,432,30
2 (2.4%)
17,395,526
(2.1%)
External Borders Fund
(EBF)
1,734,97
4
(1.2%)
1,710,69
3 (1.3%)
1,779,36
3 (1.1%)
1,943,83
2 (1%)
2,655,90
2 (1.1%)
4,151,70
4 (1.3%)
5,967,71
2
(1.4%)
19,944,180
(1.2%)
Source: DG Migration and Home affairs
7. INSPECTIONS CARRIED OUT TO DETECT EMPLOYMENT OF IRREGULAR MIGRANTS
Table 12: Number of Inspections carried out to detect employment of irregular migrants and share of inspections as a percentage of the employers in sector (in %)
Risk sector
2014 2015
No. % No. %
Agriculture, forestry and fishing
407 8.7% 372 7.9%
Mining and quarrying NA NA 1 0.9%
Manufacturing 625 4.2% 556 3.5%
Electricity, gas, steam and air conditioning supply
NA NA 1 1.1%
Water supply; sewerage, waste management and remediation activities
NA NA
33 5.1%
Construction 5,255 18.9% 4347 15.9%
Wholesale and retail trade; repair of motor vehicles
and motorcycles 2,177 4.1%
2041 3.9%
Transportation and storage NA NA 735 9.8%
Accommodation and food service activities
3,835 17.4% 3519 15.8%
Information and communication
NA NA 42 0.8%
Financial and insurance activities
NA NA 9 0.1%
Real estate activities NA NA 21 0.3%
12
Risk sector
2014 2015
No. % No. %
Professional, scientific and technical activities
NA NA 116 0.6%
Administrative and support service activities
NA NA 852 8.7%
Public administration and defence; compulsory social
security
NA NA
8 1.2%
Education NA NA 13 0.4%
Human health and social work activities
NA NA 45 0.4%
Arts, entertainment and recreation
NA NA 252 5.3%
Other service activities NA NA 381 2.6%
Activities of households as employers;
u0ndifferentiated goods- and services-producing
activities of households for
own use
NA NA
1 0.0%
Source: DG Migration and Home affairs
Table 13: Number of inspections in which irregular migrant workers were detected (I)
and number of irregular migrant workers detected (IWD) – 2015
Risk sector
2014 2015
Number of inspections in
which irregular migrant workers were detected
Number of irregular migrant
workers detected
Number of inspections in
which irregular migrant workers were detected
Number of irregular migrant workers
detected
Agriculture, forestry and fishing
20 38 27 61
Manufacturing 55 148 NA NA
Construction 114 235 NA NA
Water supply; sewerage, waste management and remediation activities
NA NA 33 80
Wholesale and retail trade; repair of motor vehicles and
motorcycles 400 507 8 20
Transportation and storage NA NA 137 561
Accommodation and food service activities
390 494 338 509
Information and communication
NA NA 24 101
Financial and insurance activities
NA NA 372 539
Real estate activities NA NA 12 14
Administrative and support service activities
NA NA 3 5
Education NA NA 18 35
Human health and social work activities
NA NA 20 25
Other service activities NA NA 2 2
13
Risk sector
2014 2015
Number of inspections in
which irregular migrant workers were detected
Number of irregular migrant workers detected
Number of inspections in
which irregular migrant workers were detected
Number of irregular migrant workers
detected
Activities of households as employers; undifferentiated
goods- and services-producing activities of
households for own use
NA NA
10 12
Source: DG Migration and Home affairs
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