COUNTRY FACTSHEET: Belgium 2015 - European Commission · also approved the strategic objectives of the Horizontal Integration Policy Plan, which aims at reducing the origin gap in

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)


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%


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Figure 3: Asylum applications: Top five third-country nationalities as

a share of EU total per given nationality (2015)


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

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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

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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


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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


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%)


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%

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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%


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 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 irregular migrant workers 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


Documents

COUNTRY FACTSHEET: Belgium 2015 - European Commission · also approved the strategic objectives of the Horizontal Integration Policy Plan, which aims at reducing the origin gap in