Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Expulsion Of Foreigners

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000295&caller=list&article_lang=F&row_id=700&numero=786&pub_date=2014-05-05&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-05 Numac: 2014000295 Interior FEDERAL PUBLIC SERVICE March 19, 2014. -Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:.
-Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this law transposes Directive 2011/51/EU of the European Parliament and of the Council of May 11, 2011, amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection.
This Act also partially transposes the following directives:-Directive 2003/109/EC of the Council of 25 November 2003 concerning the status of third country nationals who are residents of long duration;
-Directive 2009/50 / EC of the Council of 25 May 2009 on the conditions of entry and residence of nationals of third countries in the fi ns of employment highly qualified;
-Directive 2001/51 / EC of the Council of 28 June 2001 supplementing the provisions of article 26 of the Convention implementing Schengen on 14 June 1985;
-Directive 2004/38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221 / EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC;
-Directive 2003/86 / EC of 22 September 2003 on the right to family reunification.
CHAPTER 2. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 3. article 1 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens, as amended by the law of May 15, 2012, is complemented by the 16 ° and 17 ° written as follows: "16 ° international protection: the status of refugee and subsidiary protection status;
17 ° Schengen information system: the Schengen information system as established under the Schengen acquis integrated and developed within the European Union, and which is governed inter alia by the Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen information system (SIS II). ».
S. 4. in article 3, paragraph 1, of the Act, replaced by the Act of 15 July 1996 and amended by the Act of January 19, 2012, 5 ° is replaced by the following: "5 ° if it is reported for purposes of non-admission or prohibition of stay in the Schengen information system;
S. 5. in article 8 bis of the same Act, inserted by the Act of 1 September 2004 and amended by the laws of May 6, 2009 and January 19, 2012, § 4 is replaced by the following: "§ § 4 4» During the recognition procedure referred to the § 1, the Minister or his delegate may, without prejudice to the provisions of title IIIquater and unless other sufficient but less coercive measures can be applied effectively, do hold abroad that is reported for purposes of non-admission or prohibition of residence in Schengen, for one of the reasons referred information system in the § 1 (1), that the period of detention may exceed one month. ».
S.
6. in article 10, § 1, paragraph 1, of the same law, replaced by the law of July 8, 2011, 2 ° is replaced by the following: '2 ° abroad which satisfies the conditions laid down by the Code of Belgian nationality for recovering Belgian nationality, without any required that there his principal residence in Belgium for at least 12 months and it must make a declaration of re-acquisition of Belgian nationality;'.
S. 7. in article 10bis, § 3, paragraph 2, of the Act, replaced by the law of July 8, 2011, "long-term - EC residence permit" shall be replaced by the words "long-term - EU residence permit.
S. 8. in article 12bis, § 4, paragraph 1, of the Act, inserted by the Act of 6 August 1993 and replaced by the law of July 8, 2011, the words 'and 4 °' shall each time be inserted between the words "§ 1, paragraph 2, 3 °» and the words", when abroad "and between the words" § 1, paragraph 2, 3 °» and the words ", it communicates."
S. 9A article 15a of the Act, inserted by the Act of April 25, 2007 and amended by the Act of May 15, 2012, the following changes are made: 1 ° in the § 1, paragraph 1, the words ' and article 14, paragraph 2, "are repealed;
2 ° in the § 1, paragraphs 2, 3 and 4 shall be replaced by a paragraph, as follows: "paragraph 1 does not apply abroad who: 1 ° is allowed to stay in the Kingdom for studies or professional training;
2 ° is allowed to stay in the Kingdom under a temporary protection or who requested a residence permit on this basis and awaiting a decision on the status;
3 ° is permitted to stay in the Kingdom under a form of protection other than international protection or who requested a residence permit on this basis and awaiting a decision on the status;
4 ° requested international protection and whose application has not yet been the subject of a final decision;
5 ° stayed in the Kingdom only for temporary reasons;
6 ° has a legal status governed by the provisions of the Vienna Convention of 18 April 1961 on diplomatic relations, the Vienna Convention of 24 April 1963 on consular relations, of the New York Convention of 8 December 1969 on special missions or the Vienna Convention of March 14, 1975, on the representation of States in their relations with international organizations of a universal character; » 3 ° § 2 is replaced by the following: § 2. For the calculation of the stay of five years referred to the § 1, paragraph 1, it is not taken into account of the periods referred to the § 1, paragraph 2, 5 ° and 6 °.
The periods referred in the § 1, paragraph 2, 1 °, are taken into account for half.
With regard to abroad that international protection has been granted, half of the period between the date of the introduction of the application for international protection on the basis of which this international protection has been granted and the date of the issuance of the residence permit, or the whole of this period if it exceeds 18 months is taken into account.
The periods referred to in paragraph 3 and the periods of stay as a beneficiary of international protection, are not taken into account if the international protection has been withdrawn in accordance with article 57/6, paragraph 1, 6 °, or if it has been removed because abroad introduced the altered facts concealed the truth, has made false statements or has used false or falsified documents that have been crucial in the granting of international protection.
With regard to an alien who has been allowed to stay in application of article 61/27, periods of trips made in the different Member States of the European Union may be combined for the calculation of the required period of five years, provided they justify five years of legal and continuous residence within the territory of the Union as a holder of a blue card European , including two years immediately preceding the submission of the application in the Kingdom. ».
S. 10. article 16 of the same Act, replaced by the Act of April 25, 2007, is replaced by the following: «art.» 16 § 1. The request for authorisation of establishment is made to the municipal administration of the place of residence. The municipal administration issues an acknowledgement of receipt and forwards it to the Minister or his delegate, if the alien complies to the condition referred to in article 14, paragraph 2, and, when its identity is not established, it produces a copy of a valid passport.
The King lays down the model of the application for authorisation of establishment.
§ 2. The request for acquisition of long-term resident status is made to the municipal administration of the place of residence.
This municipal administration issues an acknowledgement of receipt and forwards it to the Minister or his delegate, provided that abroad is carrying a title of stay or of valid establishment and, when its identity is not established, it produces a copy of a valid passport. This request must be accompanied by evidence of the meeting of the conditions laid down in article 15bis, § 3.
The fixed King model demand for acquisition of long-term resident status, the rules relating to the processing of this application and the consequences of the absence of decision on expiry of the deadline.
§ 3. Non-established abroad, which satisfies the condition laid down in article 14, paragraph 2, may, at its option, ask for an authorisation of establishment or acquisition of the status of long-term resident. The request for acquisition of long-term resident status is request for authorisation of establishment.
Established abroad may at any time request the acquisition of long-term resident status. ».
S. 11. in the same Act, it is inserted an article 16A as follows: «art.» 16bis. when granting long-term resident status

is refused for reasons of public order or national security, the Minister or his delegate takes into consideration the severity or the nature of the offence against public order or national security, or the danger posed by the person concerned, taking into account also the duration of the stay and the existence of ties with the Kingdom. The reasons may be invoked to fi economic ns.
».
S. 12A section 17 of the Act, as amended by laws of April 25, 2007 and may 15, 2012, the following changes are made: 1 ° in the § 2, paragraphs 1 and 3, the words "long-term - EC residence permit" are each time replaced by "long-term - EU residence permit";
2 ° in the § 2, paragraph 1, the words 'when abroad allowed to settle in the Kingdom has, simultaneously or subsequently"are replaced by the words"when abroad is ";
3 ° in § 2, paragraph 3, the words "replaces the title of establishment referred to the § 1 and" are repealed;
4 ° in the § 2, section 4 is repealed;
5 ° article is supplemented by articles 3 to 6, worded as follows: ' § § 3 3» When the Minister or his delegate grant the status of long-term resident abroad referred to in article 61/7, it shall notify its decision to the Member State of the European Union which has already issued to the alien a residence permit of long-term resident - EU on the basis of Directive 2003/109/EC of the Council of the Union European.
§
4. When the status of long-term resident is granted to the holder of an EU blue card, it is issued a long-term residence permit — EU taking up the reference to special "former EU blue card holder".
§ 5. When the status of long-term resident is granted to a foreigner who benefits from international protection in the Kingdom or in another EU Member State, it is issued a long-term residence permit — EU resuming the special mention that international protection was granted by the Belgium or another Member State of the European Union and the date on which protection was granted.
The King determines the other terms and conditions relating to this special mention.
§ 6. The Minister or his delegate responds to the requests made by other Member States pursuant to Directive 2003/109/EC of the Council of the European Union, to know if a foreigner still enjoys international protection in the Kingdom, within one month of receipt of the request.
To this end, the Minister or his delegate may obtain the opinion of the Commissioner-general or one of his deputies. ».
S. 13 A section 18 of the Act, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in the § 1, paragraph 2, the words "long-term - EC residence permit" shall be replaced by the words "long-term - EU residence permit";
2 ° article is supplemented by a paragraph 3, as follows: § 3. The Minister or his delegate may decide that an alien who has obtained the status of long-term resident as a beneficiary of international protection loses this status when international protection has been withdrawn in accordance with article 57/6, paragraph 1, 6 °, or where it has been withdrawn because abroad introduced the altered facts or concealed the truth has made false statements or has used false or falsified documents that have been crucial in the granting of international protection.
».
S. 14. at article 19 of the same Act, replaced by the Act of April 25, 2007 and amended by the Act of May 15, 2012, the following changes are made: 1 ° in § 3, "long-term - EC residence permit" shall be replaced by the words "long-term - EU residence permit";
2 ° § 4 is replaced by the following: "§ § 4 4» Even if the period of validity of the residence permit issued in Belgium has expired, the Minister or his delegate is required to take back: 1 ° abroad who carries a long duration - Belgian EU residence permit and is the subject of an expulsion decision taken by the competent authority of another Member State of the European Union, following a refusal of continuance or following a withdrawal of the residence permit issued by that other State Member on the basis of Directive 2003/109/EC of the Council of the Union European, for reasons of public order or national security, when the conditions set for his stay are no longer fulfilled or when he stayed illegally in the State, and the members of his family referred to in article 10, § 1, paragraph 1, 4 ° to 7 ° , subject to the application of § 1, paragraph 2;
2 ° abroad benefiting from international protection in the Kingdom, who got the status of long-term resident in another EU Member State, and which is the subject of an expulsion decision taken by the competent authority of that Member State, because of a genuine and sufficiently serious to public order or national security threat, so that the members of his family referred to in article 10 , § 1, paragraph 1, 4 ° to 7 °;
3 ° abroad authorized to stay in application of article 61/27, which is the subject of an expulsion decision taken by the competent authority of another Member State of the European Union following the refusal of his application for a stay on the basis of the provisions of Directive 2009/50/EC of the Council of 25 May 2009 on the conditions of entry and residence of nationals of third countries to the fi ns of highly qualified employment , and the members of his family referred to in article 10, § 1, paragraph 1, 4 ° to 6 °. ".
S. 15 A section 20 of the Act, as amended by the Act of April 25, 2007, the following changes are made: 1 ° in paragraph 3, the first sentence is supplemented by the words "and cannot be justified by economic reasons.';
2 ° article is supplemented by three paragraphs, worded as follows: "when taking a stopped deportation, account shall be taken of the length of stay in the Kingdom, the age of the person concerned, the consequences for the person and members of his family, as well as the existence or the absence of links with the country of origin.
When the King makes an order of expulsion against a long-term resident whose long-term residence permit - EU contains the special mention referred to in article 17, § 5, paragraph 1, relating to international protection, is requested to the competent authority of the Member State indicated in reference to confirm if the person concerned is still benefits from international protection. If the long-term resident is still enjoys international protection, it is distant to that Member State.
By derogation from paragraph 5, subject to international obligations binding the Belgium, the long-term resident may be removed to another country than the one which granted international protection if there are serious reasons for believing that it constitutes a threat to the security or if, having undergone a final for a particularly serious crime conviction He is a threat. ».
S. 16 A article 21 of the same Act, replaced by the law of 26 May 2005 and amended by the Act of May 6, 2009, the following amendments are made: 1 ° the § 1, 2 °, is supplemented by the words "by the Belgian authorities ';
2 ° in § 3, 2 ° is replaced by the following: "2 ° abroad which satisfies the conditions laid down by the Code of Belgian nationality to acquire Belgian nationality by declaration of nationality or to recover it;".
S. 17A article 40A of the Act, inserted by the Act of April 25, 2007 and replaced by the law of July 8, 2011, the following changes are made: 1 ° § 2, paragraph 1, is completed by the 5th as follows: "(5) the father or mother of a minor European Union citizen of age referred to in article 40 § 4. , paragraph 1, 2 ° so far is dependant and there actually care. »: 2 ° § 4 is supplemented by a paragraph worded as follows: "the Member of the family referred to in § 2, paragraph 1, 5 °, must demonstrate that it has sufficient resources to meet its own needs as well as those of her child, citizen of the Union, not to become a burden on the social assistance system of the Kingdom and sickness insurance covering all risks in Belgium. '' In the assessment of resources, account is taken in particular of their nature and their regularity. ».
S. 18. article 41 of the same Act, amended by the Act of April 25, 2007, is replaced by the following: «art.» 41 § 1. Admission is recognized the Union citizen upon presentation of an identity card or of a valid passport or if he could see or prove otherwise its quality of beneficiary of the right to move and reside freely.
When the citizen of the Union has no required documents, the Minister or his delegate grant him all reasonable means in order to enable it to get or obtain, within a reasonable time, the required documents or to confirm or prove by other means its quality of beneficiary of the right to move and reside freely, prior to his discharge.
§
2. The entry fee is known to the members of the family of a citizen of the Union referred to in article

40A, § 2, who are not citizens of the Union on presentation of a passport with valid, if necessary, a valid entry visa, in accordance with Regulation (EC) No 539/2001 of the Council of 15 March 2001 listing the third countries whose nationals are subject to the visa requirement for crossing the external borders of the Member States and those whose nationals are exempt from that requirement.
The King determines the procedures for visa issuance.
Possession of a residence card of Member of the family of a citizen of the Union or a map of permanent stay of family member of a citizen of the Union, issued on the basis of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States provides the Member of the family of the requirement to obtain an entry visa referred to in paragraph 1.
When the Member of the family of a citizen of the Union has no required documents, the Minister or his delegate grant him all reasonable means in order to enable it to get or obtain, within a reasonable time, the required documents or to confirm or demonstrate by other means the quality of beneficiary of the right to move and reside freely prior to his discharge.

§ 3. The holder of an identity card or of a passport issued by the Belgian authorities, is permitted without formality on the territory of the Kingdom even if his nationality is disputed or if this document is outdated.
§ 4. When the citizen of the Union is not in possession of a valid national passport or identity card or the family member of a citizen of the Union, who is not a citizen of the Union, is not in possession of a national coated valid passport, if any, of a visa in accordance with Regulation (EC) No 539/2001 supra current validity, the Minister or his delegate may impose an administrative fine of 200 euros. This fine is levied in accordance with article 42octies. ».
S. 19. article 42bis, § 1, of the Act, inserted by the Act of April 25, 2007, is complemented by two paragraphs worded as follows: "for the purposes of paragraph 1, to determine whether the citizen of the Union constitutes an unreasonable burden for the welfare of the Kingdom system, it is taken into account the temporary nature of its difficulties, the duration of his stay in the Kingdom" his personal circumstances and the amount of the aid which is granted.
When the decision to terminate the stay, the Minister or his delegate takes into account the length of stay of the person concerned in the Kingdom, of his age, his State of health, family and economic situation, social and cultural integration in the Kingdom and the intensity of ties with his country of origin. ».
S.
20. in article 42ter, § 1, of the Act, inserted by the Act of April 25, 2007, replaced by the law of July 8, 2011 and amended by the Act of June 28, 2013, paragraph (2) is restored in the following wording: "for the purposes of paragraph 1, 5 °, to determine whether the members of the family of a citizen of the Union constitute an unreasonable burden for the welfare of the Kingdom system. , regard the temporary nature of their difficulties, the duration of their stay in the Kingdom, their personal situation and the amount of the aid that is granted. ».
S. 21. in article 42quater, § 1, of the Act, inserted by the Act of April 25, 2007, replaced by the law of July 8, 2011 and amended by the Act of June 28, 2013, paragraph (2) is restored in the following wording: "for the purposes of paragraph 1, 5 °, to determine whether the members of family of a citizen of the Union, constitute an unreasonable burden for the welfare of the Kingdom system. , regard the temporary nature of their difficulties, the duration of his stay in the Kingdom, their personal situation and the amount of the aid that is granted. ».
S. 22A article 42quinquies, § 1, of the Act, inserted by the Act of April 25, 2007, the following changes are made: 1 ° in the paragraph 1, the words "on the basis of the provisions of this chapter" are repealed;
2 ° 1st paragraph is supplemented by the words "and in accordance with the legal instruments of the European Union. '.
S.
23. article 43 of the same Act, amended by the Act of April 25, 2007, is supplemented by a paragraph as follows: "where the Minister or his delegate is planning to terminate the stay of a citizen of the Union or a member of his family for reasons of public order, national security or public health, it takes into account the duration of stay of the person concerned in the Kingdom. his age, his State of health, family and economic situation, social and cultural integration and the intensity of ties with his country of origin. ».
S. 24. in title II of the Act, it is inserted after section 47 a chapter Ibis entitled 'Other members of the family of a citizen of the Union.'.
S. 25. in chapter Ibis inserted by article 24, it is inserted an article 47/1 as follows: «art.» 47/1. Are considered to be other members of the family of a citizen of the Union: 1 ° the partner with whom the Union citizen has a durable relationship duly attested, and which is not covered by article 40A, § 2, 2 °;
2 ° the members of the family, not referred to in article 40A, § 2, which, in the country of origin, are dependants or are part of the household of the Union citizen;
3 ° the members of the family, not referred to in article 40A, § 2, which the citizen of the Union must imperatively and personally care due to serious health problems. ».
S. 26. in the same chapter Ibis, it is inserted a section 47/2 as follows: «art.» 47/2. Without prejudice to the provisions of this chapter, the provisions of chapter I relating to the members of the family of a citizen of the Union referred to in article 40A shall apply to the other members of the family referred to in article 47/1. ».
S. 27. in the same chapter Ibis inserted an article 47/3 read as follows: «art.» 47/3. § 1. The other members of the family referred to in article 47/1, 1 °, must provide evidence of the existence of a relationship with the Union citizen they accompany or join as well as its sustainability.
The sustainable nature of the relationship may be proved by any appropriate means.
During its consideration of the sustainability of the relationship, the Minister or his delegate takes into account particular intensity, seniority and the stability of the relationship between the partners.
§ 2. The other members of the family referred to in article 47/1, 2 °, must demonstrate that they are in charge of the citizen of the Union they want to accompany or join or that they are part of his household.
Documents certifying that the other family member is charged or is part of the household of the Union citizen must originate from the competent authorities of the country of origin or provenance. Failing this, to be in charge or to be part of the household of the Union citizen may be proved by any appropriate means.
§ 3. The other members of the family referred to in article 47/1, 3 °, and must bring evidence that taking into account serious health reasons, the citizen of the Union they want to accompany or join must personally deal with them. "."
S. 28A article 61/7 of the same Act, inserted by the Act of April 25, 2007, the following changes are made: 1 ° in the § 1, the "long-term - EC residence permit" shall be replaced by the words "long-term - EU residence permit";
2 ° in § 5, the words "long-term residence permit" are replaced by the words "long-term - EU residence permit";
3 ° article is supplemented by a § 7, as follows: ' ' § § 7 7 Where the authorization of residence is refused for reasons of public order or national security, the Minister or his delegate takes into consideration the severity or the nature of the offence that the person concerned, or the Member of his family has committed against public order or national security, or the danger posed by the person in question. The reasons may be invoked to fi economic ns. ».
S. 29. in article 61/8, of the Act, inserted by the Act of April 25, 2007 and amended by the Act of May 6, 2009, the words "long-term residence permit" are replaced by the words "long-term - EU residence permit.
S. 30. in article 61/9 of the same Act, inserted by the Act of April 25, 2007, the following changes are made: 1 ° 'long-term residence permit' shall be replaced by the words "long-term - EU residence permit";
2 ° the words 'and insofar as abroad does not benefit from international protection in another European Union Member State' are inserted between the words "national security" and the words "the Minister can match his removal.
S. 31. in article 74/4, § 1, paragraph 1, of the Act, inserted by the law of 8 March 1995 and amended by the Act of 15 July 1996 and by the royal decree of 20 July 2000, 'EUR 3.750' shall be replaced by the words "EUR 5,000.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 19, 2014.
PHILIPPE

By the King: the Minister of Justice, Ms. A. TURTELBOOM Secretary of State to asylum and Migration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: 53-3239.
Full record: 12 and 13 February 2014.
Senate (www.senate.be): Documents: 5-2490.