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12 SEPTEMBER 2011. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, with a view to granting a temporary residence permit to an unaccompanied foreign minor (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Title II of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, a Chapter VII entitled "Unaccompanied Foreign Minors" and comprising sections 61/14 to 61/25, as follows:
Art. 61/14. For the purposes of this chapter, the following means:
1° minor non-accompanied foreign (MENA) : a national of a non-member country of the European Economic Area, who is under the age of 18, who is not accompanied by a person exercising parental authority or guardianship over him under the law applicable in accordance with Article 35 of the Act of 16 July 2004 bearing the Code of Private International Law, and who was permanently identified as MENA by the service of the Tut XIII,
2° durable solution :
- family reunification, in accordance with articles 9 and 10 of the United Nations Convention on the Rights of the Child of 20 November 1989, in the country where parents are legally present;
- either the return to the country of origin or to the country where the MENA is allowed or allowed to stay, with adequate guarantees of reception and care, depending on its age and degree of autonomy, either from its parents or other adults who will take care of it or from public bodies or non-governmental organizations;
- the authorization to stay in Belgium, taking into account the provisions of the law;
3° tutor: legal representative of MENA, as designated by the Tutelles department.
Art. 61/15. Insofar as there is no procedure for protection, authorization or admission to the current residence or establishment, the guardian may apply for a residence permit to the Minister or his or her delegate.
The King specifies the data that will appear in the application.
Art. 61/16. The Minister or his delegate hears the MENA, which is accompanied by his guardian.
The King sets out the terms of the hearing.
Art. 61/17. In the search for a durable solution, the Minister or his or her delegate focuses on safeguarding the family unit, in accordance with articles 9 and 10 of the UN Convention of 20 November 1989 on the rights of the child and the best interests of the child.
Art. 61/18. At the end of an individual examination and on the basis of all the elements, the Minister or his delegate shall give the mayor or his delegate the instruction:
- to issue an order to the guardian, if the durable solution is to return to another country or family reunification in another country;
- either to issue a residence document, if a durable solution has not been found.
The residence document is valid for six months. The King determines the model of the document.
Art. 61/19. § 1^er. In the event that a durable solution has not been found, the tutor shall, one month before the expiry of the validity of the residence document, transmit to the minister or his delegate all the evidence and documents concerning the proposal for a durable solution, which is introduced on the basis of Article 11, § 1^erPart XIII, Chapter VI, "Tool of Unaccompanied Foreign Minors" of the Programme Act of 24 December 2002.
The evidence and evidence to be produced are:
1° the proposal for a durable solution;
2° the family situation of MENA;
3° any specific element relating to the specific situation of MENA;
4° proof of regular schooling.
§ 2. Depending on the evidence and evidence provided to it, the Minister or his delegate may decide to conduct a new hearing of the NAFM, which is accompanied by his guardian.
In the event that a durable solution has not yet been cleared, the Minister or his delegate shall give the mayor or his delegate the instruction to extend the validity of the residence document issued to MENA for six months.
Art. 61/20. If the planned durable solution is the stay in Belgium, the Minister or his delegate shall, upon presentation of the MENA national passport, issue a one-year residence permit.
If the guardian cannot produce the NAFM national passport, he or she shall forward in writing the documents certifying the steps taken to prove the identity of the NAFM to the Minister or his or her delegate. The King may determine the terms and conditions under which such documents must be prepared.
Registration in the register of foreigners and issuance of a residence permit shall be carried out in accordance with the provisions of Article 12.
Art. 61/21. A month before the expiry date of the temporary residence permit granted to the MENA, the tutor shall send in writing the evidence relating to the proposed life of the MENA in Belgium to the Minister or his delegate.
The evidence relating to the life project is:
1° any specific element related to the specific situation of MENA;
2° the family situation of MENA;
3° proof of regular education;
4° proof of knowledge of one of the three national languages.
Art. 61/22. If the Minister or his or her delegate finds that false or misleading information has been communicated, that false or falsified documents have been transmitted in respect of the elements mentioned in section 61/21, that fraud has been committed or that other illegal means have been used to pass for a minor, an order to leave the territory is issued pursuant to Article 13, § 3, 3°, if it turns out that he or she is a foreigner.
If the Minister or his or her delegate learns that false or misleading information has been communicated, that false or falsified documents have been transmitted, that fraud has been committed or that other illegal means have been used to prove the elements referred to in section 61/21, paragraph 2, 1 and 2°, the Minister or his or her delegate may amend the durable solution in accordance with section 61/18.
For this purpose, the Minister or his delegate determines whether it was the guardian or the MENA who used false information or documents, based on his or her discretion, in order not to prejudice the minor.
Art. 61/23. Following a three-year period from the granting of the temporary residence permit under section 61/20, the Minister or his or her delegate shall grant an indefinite residence permit to MENA. If the Minister decides not to grant authorization, he must justify his decision.
Art. 61/24. When obtaining a temporary residence permit, the NAMA is informed, before reaching the age of eighteen, by the Minister or his or her delegate of the conditions that must be met to obtain a new residence permit.
Art. 61/25. The provisions of this chapter are not applicable, if it turns out that MENA has committed acts referred to in Article 3, paragraph 1^er7°.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 September 2011.
ALBERT
By the King:
Deputy Prime Minister, Migration and Asylum Policy,
Ms. J. MILQUET
The Minister of the Interior,
Ms. A. TURTELBOOM
The Secretary of State for Migration and Asylum Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Special Session 2010.
House of Representatives.
Documents. - Proposal for the Law of Ms. Lanjri et al., 53-288 - No. 1.
Regular session2010-2011.
House of Representatives.
Documents. - Addendum, 53-288 - No. 2. - Amendments, 53-288 - No. ^s 3 and 4. - Addendum, 53-288 - No. 5. - Amendments, 53-288 No. 6. - Report, 53-288 - No. 7. - Text adopted by the Commission, 53-288 - No. 8. - Amendments in plenary meeting, 53-288 No. 9. - Text adopted in plenary and transmitted to the Senate, 53-288 - No. 10.
Full report. - 23 June 2011.
Senate.
Documents. - Project not referred to by the Senate, 5-1120 - No. 1.