An Act To Amend Sections 9A And 9B Of The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant les articles 9bis et 9ter de la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

14 DECEMBER 2015. - An Act to amend sections 9bis and 9ter of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chamber has adopted and we sanction the following:
CHAPTER 1er - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 2. In section 9bis of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 15 September 2006 and amended by the Act of 6 May 2009, the following amendments are made:
1° in paragraph 2, the 3° is supplemented by the words: "with the exception of the elements invoked in the context of an application deemed inadmissible because of the absence of the required identity documents or because of the non-payment or incomplete payment of the royalty referred to in section 1er/1 and with the exception of the elements invoked in previous applications that have been disbanded;"
2° the article is supplemented by paragraph 3 as follows:
§ 3. The application for permission to stay in the Kingdom is considered only on the basis of the last application submitted by the mayor or his delegate to the Minister or his delegate. A foreigner who introduces a new application is deemed to withdraw from the pending applications previously filed.".
Art. 3. In section 9ter of the Act, replaced by the Act of 29 December 2010 and amended by the Act of 8 January 2012, the following amendments are made:
1° in paragraph 3, the 5°, is supplemented by the words: "with the exception of the elements invoked in the context of an application deemed inadmissible on the basis of Article 9ter, § 3, 1°, 2° or 3°, and with the exception of the elements invoked in the previous applications which have been disclaimed. ";
2 ° the item is supplemented by paragraph 8 as follows:
§ 8. The application for permission to stay in the Kingdom is reviewed only on the basis of the last application submitted by registered mail to the Minister or his delegate. A foreigner who introduces a new application is deemed to withdraw from the pending applications previously filed.".
CHAPTER 3. - Transitional provision and entry into force
Art. 4. Chapter 2 applies to applications for residence authorization referred to in section 9bis or section 9ter of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, introduced from the effective date of this Act.
Art. 5. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 December 2015.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
Th. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 K 1310