25 AVRIL 2007. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes, among other things, provisions relating to the entry, stay and removal of Directive 2003/109/EC of the Council of the European Union of 25 November 2003 on the status of nationals of long-term third countries and Directive 2004/38/EC of the Council of the European Union of 29 April 2004 on the right of citizens of the Union and members of their families to circulate and stay freely on the territory of the States of the European Union,^er December 2005 on minimum standards concerning the procedure for granting and withdrawing refugee status in Member States, in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
CHAPTER II. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 3. An article 4bis, as follows, is included in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens:
“Article 4bis. § 1^er. At the borders outside the meaning of the international conventions relating to the crossing of the external borders linking Belgium, or of the European regulations, the entry and exit of the Kingdom must take place by an authorized crossing point, during the hours of openings fixed, as indicated by these authorized crossing points.
§ 2. The foreigner is obliged to spontaneously present his travel documents both at the entrance and at the exit of the Kingdom.
§ 3. The Minister or his delegate may impose an administrative fine of 200 euros abroad that does not comply with the obligation set out in § 1^er.
If the breach of the obligation referred to in § 1 is due to the negligence of the carrier, the carrier is jointly and severally obliged with the foreigner to pay the fine inflicted.
The administrative fine is enforceable immediately, notwithstanding any appeals.
The legal entity is civilly responsible for the payment of the administrative fine imposed on its executives, executives and executives, staff members or agents.
The administrative fine may be paid through the designation of the amount due to the Caisse des Dépôts et Consignations.
§ 4. A foreigner or carrier who disputes the decision of the Minister or his delegate, filed within one month of notification of the decision, an appeal to the court of first instance, by an application.
If the court of first instance declares the appeal admissible and justified, the amount paid or recorded shall be refunded.
The court of first instance shall rule within one month of the introduction of the written application referred to in paragraph 1^er.
The text of paragraph 1^er is reproduced in the decision imposing the administrative fine.
§ 5. If the foreigner or carrier remains in default of payment of the fine, the decision of the competent officer or the decision taken in force of the judgment of the court of first instance is brought to the attention of the administration of the Cadaster, the Recording and the Domains, in order to recover the amount of the administrative fine.
§ 6. If the foreigner, the carrier or his representative has recorded the sum of the administrative fine to the Caisse des Dépôts et Consignations and if he has not lodged an appeal with the court of first instance within the above-mentioned period, the summons is to the State. » .
Art. 4. In article 10, § 2, paragraph 6, of the same law, replaced by the law of 15 September 2006, the words "at point A of" are replaced by the word "to".
Art. 5. In section 10bis of the Act, inserted by the Act of 28 June 1984 and replaced by the Act of 15 September 2006, the following amendments are made:
1° to § 1^erParagraph 1^er, in fine, and in § 2, paragraph 1^er, in fine, the words "at point A" are each time replaced by the word "to";
2° it is inserted a § 3, written as follows:
“§3. §§ 1^er and 2 are also applicable to family members referred to in Article 10, § 1^er, 4° to 6°, of a foreigner with long-term resident status in another Member State of the European Union, on the basis of Council of the European Union Directive 2003/109/EC of 25 November 2003 on the status of nationals of long-term third-country residents, who is authorized to stay in the Kingdom on the basis of the provisions of Title II, Chapter V, or who requests such authorization.
However, when the family is already constituted or reconstituted in that other EU Member State, the foreigner joins must not demonstrate that he has adequate housing to receive the family member(s) and, with regard to the condition of the possession of stable, regular and sufficient livelihoods, proof that the family member has such personal means will also be taken into account. In order to be able to benefit from this particular regime, the members of the family concerned must produce the EC long-term residence permit or the residence permit issued to them by a Member State of the European Union and the evidence that they have resided as a member of the family of a long-term resident in that State. »
Art. 6. In section 10ter of the Act, inserted by the Act of September 15, 2006, the following amendments are made:
1° in § 1^er, paragraph 2, the words "at point A" are replaced by the word "to";
2° it is inserted a § 2bis, written as follows:
“§ 2bis. By derogation from §§ 1^er and 2, the decision on the application for permission to stay of the family members referred to in Article 10bis, § 3, shall be taken no later than four months after the application is filed.
Where the required documents are not produced or in exceptional cases related to the complexity of the review of the application, the Minister or his or her delegate may extend, at a single resumption, that period of three months, by a reasoned decision made available to the applicant.
Upon the expiry of the four-month period following the introduction of the application, possibly extended in accordance with paragraph 2, if no decision has been taken, the residence permit must be issued when the documents referred to have been produced. It is refused if not. »;
3° in § 3, the words "determinative character" are inserted between the words "other illegal means," and the words "in order to obtain this authorization".
Art. 7. Section 11 of the Act, replaced by the Act of September 15, 2006, is amended as follows:
1° in § 1^erParagraph 1^er3°, the words "at point A" are replaced by the word "to";
2° to § 1^erParagraph 1^er, 4°, the words "determinative character" are inserted between the words "other illegal means," and the words "in order to be allowed to stay";
3° in § 2, paragraph 1^er, 4°, the words "in order to be allowed to stay" are replaced by the words "that have been decisive for the recognition of the right to stay".
Art. 8. In Article 12bis, § 2, paragraph 1^er, from the same law, replaced by the law of September 15, 2006, the words "at point A of" are replaced by the word "to".
Art. 9. In section 13 of the Act, replaced by the Act of September 15, 2006, the following amendments are made:
1° in § 1^er, paragraph 6, the words "Article 10bis, § 1^er and § 2 are replaced by the words "Article 10bis, §§ 1^er 3";
2° it is inserted a § 2bis, written as follows:
“§ 2bis. The Minister or his or her delegate may terminate the stay of a foreigner authorized to stay in the Kingdom for an unlimited period of time when he or she has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, which have been instrumental in obtaining permission to stay. »;
3° in § 3, 3°, and in § 4, 5°, the words "in order to be allowed to stay" are replaced each time by the words "that have been decisive for obtaining permission to stay".
Art. 10. In title I^er, chapter 4, of the same law, is inserted an article 15bis, as follows:
"Art. 15bis. § 1^er. Unless there are reasons for public order or national security, the long-term resident status must be granted to a non-citizen foreigner of the European Union who meets the conditions set out in § 3 and article 14, paragraph 2, and who justifies a legal and uninterrupted stay in the Kingdom during the five years immediately preceding the application for the acquisition of long-term resident status.
In calculating this five-year stay, no account shall be taken of the period(s) in which the alien has been authorized or admitted to a stay for a limited period of time or has been a holder of a diplomatic, consular or special identity card, in accordance with the Royal Decree of 30 October 1991 concerning the residence documents in Belgium of certain foreigners.
By derogation from paragraph 2, the period(s) in which the alien has been allowed to stay for a limited period of time on the basis of section 61/7 shall be fully taken into account and the period(s) of stay of the student under section 58 or of the foreigner authorized to stay in the Kingdom for vocational training shall be taken into account for half.
§ 2. § 1^er is not applicable to a foreigner recognized as a refugee or to a foreigner receiving subsidiary protection.
§ 3. The foreigner referred to in § 1^er must prove that he has, for himself and the members of his family, stable, regular and sufficient means of subsistence to support his own needs and those of his family members in order to avoid becoming a burden for the public authorities, as well as health insurance covering the risks in Belgium.
The livelihoods referred to in paragraph 1^er must at least correspond to the level of resources below which social assistance can be granted. As part of their assessment, their nature and regularity are taken into account.
The King shall, by order of royal deliberation in the Council of Ministers and in the light of the criteria defined in paragraph 2, determine the minimum amount of subsistence required.
§ 4. The five-year period referred to in § 1^er is not interrupted by absences less than six consecutive months and not exceeding a total of ten months over the total five-year period.
These periods of absence are also taken into account in calculating the period. "
Art. 11. Section 16 of the Act, replaced by the Act of September 15, 2006, is replaced by the following provision:
“Art. 16. § 1^er. An unestablished foreigner, who meets the requirement set out in section 14, paragraph 2, may, at his or her choice, apply for an establishment authorization or for the acquisition of a long-term resident status. The application for the acquisition of long-term resident status is a request for an establishment authorization.
The established foreign national may at any time request the acquisition of long-term resident status.
The King sets out the model of the application for a settlement authorization and the application for a long-term resident status.
§ 2. The application for authorization to establish or acquire the status of a long-term resident is addressed to the municipal administration of the place of residence, which issues an acknowledgement of receipt and transmits it to the Minister or his delegate, provided that the foreigner meets the condition referred to in section 14 and, where his or her identity is not established, that he produces a copy of a valid passport.
The application for the acquisition of long-term resident status must be accompanied by evidence of the meeting of the conditions set out in Article 15bis, § 3.
The King sets out the rules relating to the processing of the application for the acquisition of long-term resident status as well as the consequence of the absence of a decision upon the expiry of the time limit. »
Art. 12. Article 17 of the same law, whose current text will form § 1^er, it is added a § 2, which reads as follows:
Ҥ2. When a foreigner authorized to settle in the Kingdom is granted a long-term resident residence permit at the same time or later, he or she is granted a long-term resident residence permit.
On this occasion he was given a document, written in one of the three national languages and in English, informing him of his rights and obligations on the basis of Council of the European Union Directive 2003/109/EC of 25 November 2003 on the status of nationals of long-term third-country residents.
The King determines the model of the long-term resident residence permit-EC. This residence permit replaces the property title referred to in § 1^er and faith in the registration of the population.
When the Minister or his delegate grants the status of a long-term resident abroad referred to in Article 61/7, he shall notify the Member State of the European Union that had issued a long-term residence permit to the European Union on the basis of Directive 2003/109/EC of the Council of the European Union referred to above. »
Art. 13. Section 18 of the Act, as amended by the Acts of 15 July 1996 and 15 September 2006, is replaced by the following provision:
“Art. 18. § 1^er. Subject to the provisions of section 19, the term of validity of the settlement authorization and long-term resident status is unlimited.
The King determines the duration of the title that sees the authorization for establishment and the long-term resident residence permit-EC.
§ 2. The Minister or his delegate may decide that a foreigner who has been authorized to settle in the Kingdom on the basis of section 14 or who has acquired the status of a long-term resident on the basis of section 15bis, has no longer the right to stay and/or loses that status, where that alien has used false or misleading information or false or falsified documents, or has resorted to fraud or »
Art. 14. In title I^er, chapter 4, of the Act, section 18bis, repealed by the Act of 22 December 2003, is reinstated in the following wording:
"Art. 18bis. - The foreigner who has been granted long-term resident status in the Kingdom loses that status when the same status is granted to him in another Member State of the European Union, pursuant to Council of the European Union Directive 2003/109/EC of 25 November 2003 on the status of nationals of long-term resident third countries. »
Art. 15. Section 19 of the Act, as amended by the Acts of 6 May 1993 and 15 July 1996, is replaced by the following provision:
“Art. 19. § 1^er. The foreigner, who is a holder of a valid Belgian residence or establishment and leaves the country, has a right to return to the Kingdom for a year.
The foreigner with long-term resident status on the basis of Article 15bis, however, loses his right of return to the Kingdom only if he is absent from the territories of the Member States of the European Union for twelve consecutive months or when he has left the Kingdom for at least six years.
The King sets out, by royal decree deliberated in the Council of Ministers, the conditions and cases in which the foreigner enjoying long-term resident status who was absent from the territories of the Member States of the European Union for twelve consecutive months, does not lose his right of return to the Kingdom.
An alien who provides that his absence from the Kingdom will extend beyond the term of validity of the residence permit may be granted an extension or early renewal.
The authorization to return to the Kingdom can only be denied for public or national security reasons, or if it does not comply with the conditions laid down in its stay.
§ 2. The foreigner referred to in § 1^erParagraph 1^er, whose absence of the Kingdom exceeds one year, may, under the conditions and circumstances established by a royal decree deliberated in the Council of Ministers, be allowed to return to the Kingdom.
The foreigner referred to in § 1^erparagraph 2, which has lost its right of return, may, under the conditions and circumstances established by a royal decree deliberated in the Council of Ministers, recover the status of a long-term resident.
§ 3. The King regulates the conditions for the validity and renewal of residence and residence and residence permits or residence permits of a foreign resident who, after being absent, returns to the Kingdom.
§ 4. Subject to the application of § 1^er, paragraph 2, where a foreigner carrying a residence permit for a long-term resident of Belgium is subject to a decision of removal by the competent authorities of another Member State of the European Union, as a result of the refusal of extension or withdrawal of the residence permit issued on the basis of the Directive 2003/109/EC of the Council of the European Union of 25 November 2003 relating to the status of nationals of a third-country resident of a lengthy duration,^er, even if the validity of the long-term residence permit issued in Belgium is expired. »
Art. 16. In section 20, paragraph 2 of the Act, amended by the Act of 26 May 2005, the words "or enjoying long-term resident status," are inserted between the words "established foreigner" and the words "in the Kingdom".
Art. 17. In Article 30bis, § 2, paragraph 1^er, 1° and 2°, of the same law, inserted by the law of 27 December 2004 and amended by the law of 15 September 2006, the words "Article 40, §§ 3 to 6" are each replaced by the words "Article 40bis or 40ter".
Art. 18. In Title II of the Act, the title of Chapter 1 is replaced by the following title:
"Chapter 1 - Foreigners, Union citizens and members of their family and foreigners, members of the family of a Belgian".
Art. 19. Section 40 of the Act, replaced by the Act of 6 May 1993, is replaced by the following provision:
“Art. 40. § 1^er. Without prejudice to more favourable provisions contained in European laws or regulations whose citizens of the Union may avail themselves, the following provisions apply to them.
§ 2. For the purposes of this Act, a citizen of the Union is a foreigner who has the nationality of a Member State of the European Union and who stays or travels to the Kingdom.
§ 3. Every citizen of the Union has the right to stay in the Kingdom for a period of up to three months without any other conditions or formalities as mentioned in article 41, paragraph 1^er.
§ 4. Every citizen of the Union has the right to stay in the Kingdom for a period of more than three months if he or she meets the requirement of Article 41, paragraph 1^er and:
1° if he is an employee or non-employed worker in the Kingdom or enters the Kingdom to seek employment, as long as he is able to prove that he continues to seek employment and that he has real chances of being hired;
2° or if he has sufficient resources for himself in order not to become a charge for the social welfare system of the Kingdom during his stay, and health insurance covering all risks in the Kingdom;
3° or if it is enrolled in an organized, recognized or subsidized educational institution to attend as the main course of studies, including vocational training, and if it has health insurance covering all risks in the Kingdom and ensures by declaration or by any other equivalent means of its choice, that it has sufficient resources to not become a charge for the social assistance system of the Kingdom during its stay.
The sufficient resources referred to in paragraph 1^er, 2° and 3°, must at least correspond to the level of income under which the data subject can benefit from social assistance. As part of the assessment of resources, it is taken into account the personal situation of the Union's citizen, which includes, inter alia, the nature and regularity of his income and the number of members of his or her family.
The King sets out the cases in which the citizen of the Union is considered to satisfy the requirement of sufficient resources referred to in paragraph 1^erTwo.
Art. 20. An article 40bis, as follows, is inserted in the same law:
"Art. 40bis. § 1^er. Without prejudice to more favourable provisions contained in European laws or regulations whose family members of the Union citizen may avail themselves, the following provisions apply to them.
§ 2. Are considered family members of the Union citizen:
1° the spouse or foreigner with whom he is bound by a registered partnership considered equivalent to a marriage in Belgium, who accompanies or joins him;
2° the partner to which the citizen of the Union is bound by a partnership registered in accordance with a law, and who accompanies it or joins it, as long as it is a lasting and stable relationship of at least one year, whether they are both over the age of 21 and single and have no lasting relationship with another person;
3° his descendants and descendants of his spouse or partner referred to in 1° or 2°, who are under 21 years of age or who are dependent on them, who accompany or join them;
4° its ascendants and the ascendants of its spouse or partner referred to in 1° or 2°, who are at their expense, who accompany or join them.
The King sets out, by order deliberately in the Council of Ministers, the criteria establishing the stability of the relationship between the partners referred to in 2°. The minimum age of the two partners set at 2° is reduced to 18 years, when they can prove a cohabitation of at least one year before the arrival of the foreigner joined in the Kingdom.
The King sets out, by deliberate decree in the Council of Ministers, cases in which a partnership registered on the basis of a foreign law must be considered equivalent to a marriage in Belgium.
§ 3. The family members referred to in § 2 who are citizens of the Union have the right to accompany or join the citizen of the Union referred to in Article 40, § 3, as long as they fulfil the condition set out in Article 41, paragraph 1^er. Family members who are not citizens of the Union must fulfil the requirement set out in Article 41, paragraph 2.
§ 4. The family members referred to in § 2 who are citizens of the Union have the right to accompany or join the citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 1° and 2°, for a period of more than three months as long as they fulfil the condition set out in article 41, paragraph 1^er. Family members who are not citizens of the Union must fulfil the requirement set out in Article 41, paragraph 2.
The citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 2°, must also prove that it has sufficient resources so that the members of his family referred to in § 2 do not become a charge for the social assistance system of the Kingdom during their stay, and a health insurance covering all the risks to his family members in the Kingdom. As part of the assessment of resources, it is taken into account the personal situation of the Union's citizen, which includes, inter alia, the nature and regularity of his income and the number of members of his or her family.
The citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 3°, may be accompanied or joined only by family members referred to in § 2, paragraph 1^er, 1° and 2°, as well as by children or children of family members referred to in 1° and 2°, who are at his or her expense, provided that they satisfy, as the case may be, on the condition of article 41, paragraph 1^er or 2. »
Art. 21. An article 40ter, as follows, is inserted in the same law:
"Art. 40ter. - The provisions of this chapter which are applicable to members of the family of the citizen of the Union who they accompany or join are applicable to members of the family of a Belgian who they accompany or join.
With regard to the ascendants referred to in Article 40 bis, § 2, paragraph 1^er, 4°, the Belgian must demonstrate that it has stable, regular and sufficient means of subsistence so that they do not become a burden for the public authorities during their stay in the Kingdom, as well as health insurance covering the risks in Belgium for the members of the family concerned. »
Art. 22. In section 41 of the Act, the following amendments are made:
1° paragraphs 1^er and 2 are replaced by the following:
"The right of entry is recognized to the citizen of the Union on the presentation of an identity card or a valid national passport, or if it can show or otherwise prove its status as a beneficiary of the right to freedom of movement and residence.
Members of the family of the citizen of the Union referred to in Article 40 bis, § 2, who are not citizens of the Union, must bear the documents required under Article 2, or must confirm or prove by other means their status as beneficiaries of the right to freedom of movement and residence. If the family members concerned have a residence permit issued on the basis of Directive 2004/38/EC of 29 April 2004, they are not subject to the visa requirement. » ;
2° the article is supplemented by the following paragraph:
"When a citizen of the Union is not in possession of an identity card or a valid national passport, or when members of the family of the Union citizen, who are not citizens of the Union, do not have the documents referred to in Article 2, the Minister or his delegate may impose an administrative fine of 200 euros. This fine is collected in accordance with section 42octies. » .
Art. 23. Section 41bis of the Act, inserted by the Act of 15 July 1996, is replaced by the following provision:
"Art. 41bis. - The citizen of the Union who comes to Belgium for a stay not exceeding three months and the members of his family who accompany or join him, who do not reside in a house of accommodation subject to the legislation relating to the control of the travellers, are obliged to report their presence in the territory to the communal administration of the place where they reside within ten working days of their entry into the Kingdom, unless they do not belong
The King determines the model of the attestation that is issued as evidence of this declaration of presence. If the presence is not reported within the time limit provided for in paragraph 1^erthe Minister or his delegate may impose an administrative fine of 200 euros. This fine is collected in accordance with section 42octies. »
Art. 24. An article 41ter, as follows, is inserted in the same law:
"Art. 41ter. § 1^er. Except for the citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 1°, the Minister or his delegate may terminate the right of residence of the citizen of the Union who is recognized to him on the basis of Article 40, § 3, when he constitutes an unreasonable charge for the social assistance system of the Kingdom.
§ 2. Except for the citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 1° and members of his family, the minister or his delegate may terminate the right of residence of the citizen of the Union who is recognized to him on the basis of Article 40, § 3, and the right of residence of the members of his family who is recognized to them on the basis of Article 40bis, § 3, when they constitute an unreasonable charge for the system of social assistance of the Kingdom. »
Art. 25. Section 42 of the Act is replaced by the following provision:
“Art. 42. § 1^er. The right to stay for more than three months in the Kingdom is recognized to the citizen of the Union and to the members of his family who are under the conditions and for the duration determined by the King, in accordance with European regulations and directives.
§ 2. The right to stay for more than three months of Union citizens is recognized by a declaration of registration. They are registered, as the case may be, in the register of foreigners or in the register of the population.
§ 3. The right to stay of family members of the Union citizen, who are not themselves citizens of the Union, is recognized by a residence permit. They are registered in the foreign register. The validity period of the residence permit is equal to the duration of the stay of the citizen of the Union that they accompany or join, and does not exceed five years from the date of its issuance.
§ 4. The declaration of registration and the residence permit shall be issued in accordance with the terms fixed by the King, in accordance with European regulations and directives.
They must be requested no later than the expiry of the three-month period following the date of entry to the municipal administration of the place of their residence. When no registration statement or residence permit has been requested upon expiry of this period, the Minister or his or her delegate may make an administrative fine of 200 euros. This fine is collected in accordance with section 42octies. » .
Art. 26. An article 42bis, as follows, is inserted in the same law:
"Art. 42bis. § 1^er. The Minister or his delegate may terminate the right of residence of the citizen of the Union when he or she does not meet the conditions set out in Article 40, § 4, and Article 40bis, § 4, paragraph 2, or, in the cases referred to in Article 40, § 4, paragraph 1^er, 2° and 3°, when it constitutes an unreasonable charge for the social welfare system of the Kingdom. The Minister or his delegate may, if necessary, verify whether the conditions for the exercise of the right of residence are met.
§ 2. However, a citizen of the Union retains the right of residence provided for in Article 40, § 4, paragraph 1^er1°, in the following cases:
1° if it has been struck by a temporary incapacity for work resulting from illness or accident;
2° if it is involuntary unemployment duly found after being employed at least one year and has been registered as an applicant for employment with the relevant employment service;
3° if involuntary unemployment is found at the end of its fixed-term employment contract less than one year or after having been unintentionally unemployed for the first twelve months and has been registered as an applicant for employment with the relevant employment service. In this case, the worker retains the status of a worker for at least six months;
4° if he undertakes professional training. Unless the person concerned is in situations of involuntary unemployment, the maintenance of the worker's quality assumes that there is a relationship between training and previous professional activity. » .
Art. 27. An article 42ter, as follows, is inserted in the same law:
"Art. 42ter. § 1^er. Unless the family members of a citizen of the Union who are themselves citizens of the Union, are themselves entitled to a right of residence as referred to in Article 40, § 4, or resatisfies the conditions referred to in Article 40bis, § 2, the Minister or his delegate may terminate their right of residence during the first two years of their stay as a member of the family of the following citizen
1° it is terminated the right of residence of the citizen of the Union that they have accompanied or joined, on the basis of Article 42bis, § 1^er;
2° the citizen of the Union whom they accompanied or joined leaves the Kingdom;
3° the citizen of the Union whom they accompanied or joined dies;
4° their marriage with the citizen of the Union whom they have accompanied or joined is dissolved or cancelled, it is terminated the registered partnership referred to in Article 40 bis, § 2, paragraph 1^er, 1° or 2°, or there is no more common installation;
5° the family members of a citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 2° or 3°, constitute an unreasonable charge for the social welfare system of the Kingdom.
In the third year of their stay as a member of the family of the citizen of the Union, referred to in Article 40, § 4, paragraph 1^er, 1° and 2°, a motivation based on the element referred to in paragraph 1^er will be sufficient only if this element is supplemented by elements indicating a situation of complacency. The same rules apply to members of the family of a citizen of the Union, referred to in Article 40, § 4, paragraph 1^er3°, during the third to the fifth year of their stay.
§ 2. Cases referred to in § 1^erParagraph 1^er, 2° and 3°, are not applicable to the children of the Union citizen who stay in the Kingdom and are enrolled in a school or the parent who has custody of the children until the end of their studies.
§ 3. The Minister or his or her delegate may, if necessary, verify whether the conditions for the exercise of the right of residence are met.
Art. 28. An article 42quater, as follows, is inserted in the same law:
"Art. 42quater. § 1^er. During the first two years of their stay as a member of the Union's citizen's family, the Minister or his delegate may terminate the right of family members of a Union citizen who are not themselves citizens of the Union, in the following cases:
1° it is terminated the right of residence of the citizen of the Union that they have accompanied or joined, on the basis of Article 42bis, § 1^er;
2° the citizen of the Union whom they accompanied or joined leaves the Kingdom;
3° the citizen of the Union whom they accompanied or joined dies;
4° their marriage with the citizen of the Union whom they have accompanied or joined is dissolved or cancelled, it is terminated the registered partnership referred to in Article 40 bis, § 2, paragraph 1^er, 1° or 2°, or there is no more common installation;
5° the family members of a citizen of the Union referred to in Article 40, § 4, paragraph 1^er, 2° or 3°, constitute an unreasonable charge for the social welfare system of the Kingdom.
In the third year of their stay as a member of the family of the citizen of the Union, referred to in Article 40, § 4, paragraph 1^er, 1° and 2°, a motivation based on the element referred to in paragraph 1^er will be sufficient only if this element is supplemented by elements that indicate a situation of complacency. The same rules apply to members of the family of a citizen of the Union, referred to in Article 40, § 4, paragraph 1^er3°, during the third to the fifth year of their stay.
§ 2. Cases referred to in § 1^erParagraph 1^er, 2° and 3°, are not applicable to the children of the Union citizen who stay in the Kingdom and are enrolled in a school or the parent who has custody of the children until the end of their studies.
§ 3. The case referred to in § 1^erParagraph 1^er3°, is not applicable to family members who have spent at least one year in the Kingdom, provided they prove that they are employed or non-employed in Belgium, or that they have sufficient resources for themselves and their family members as set out in Article 40, § 4, paragraph 2, so as not to become a charge for the social assistance system of the Kingdom, and a health insurance that covers the person who is insured
§ 4. Without prejudice to § 5, the case referred to in § 1^erParagraph 1^er, 4°, is not applicable:
1° where the marriage, registered partnership or joint installation lasted, at the beginning of the judicial process of dissolution or annulment of the marriage or at the end of the registered partnership or joint installation, at least three years, of which at least one year in the Kingdom;
2° or where the right of custody of the children of the citizen of the Union who reside in the Kingdom has been granted to the spouse or partner who is not a citizen of the Union by agreement between the spouses or partners referred to in Article 40 bis, § 2, paragraph 1^er1° or 2°, or by judicial decision;
3° or where the right to visit a minor child has been granted to the spouse or partner referred to in section 40 bis, § 2, paragraph 1^er, 1° or 2°, which is not a citizen of the Union, by agreement between the spouses or partners referred to in Article 40bis, § 2, paragraph 1^er, 1° or 2°, or by judicial decision, and the judge has determined that this right of custody must be exercised in the Kingdom for as long as necessary;
4° or where particularly difficult situations require it, for example, having been the victim of domestic violence in the context of marriage or registered partnership referred to in Article 40 bis, § 2, paragraph 1^er1° or 2°;
and as long as the persons concerned demonstrate that they are employed or non-employed workers in Belgium, or that they have sufficient resources referred to in Article 40, § 4, paragraph 2, for themselves and for their family members, in order not to become a charge for the social assistance system of the Kingdom during their stay, and that they have health insurance covering all the risks in Belgium, or that they are already members of the Kingdom.
§ 5. The Minister or his delegate may, if necessary, verify whether the conditions of the right of residence are met. » .
Art. 29. An article 42quinquies, as follows, is inserted in the same law:
"Art. 42quinquies. § 1^er. Without prejudice to Article 42sexies and provided that there is no proceeding with the Aliens Litigation Council in accordance with Article 39/79, a right of permanent residence is recognized to the citizen of the Union referred to in Article 40, § 4, paragraph 1^er1° and 2°, and to family members, provided they have stayed on the basis of the provisions of this chapter in the Kingdom for an uninterrupted period of three years.
The right of permanent residence referred to in paragraph 1^er is not recognized to the members of the family of the citizen of the Union who are not citizens of the Union, as long as there has been a joint installation during this period with the citizen of the Union. This common condition of installation is not applicable to family members who meet the requirements of Article 42quater, §§ 3 and 4, or to family members who keep their stay on the basis of Article 42quater, § 1^erParagraph 2.
§ 2. The right of permanent residence is recognized to the citizen of the Union referred to in Article 40, § 4, paragraph 1^er3°, and members of his family on the same conditions as those defined in § 1^eron the understanding that a five-year period applies.
§ 3. The continuity of the stay is not affected by temporary absences not exceeding a total of six months per year, nor by longer absences for the fulfilment of military obligations or by a maximum of twelve consecutive months for important reasons, such as pregnancy and childbirth, serious illness, education or vocational training, or detachment for professional reasons outside the Kingdom.
§ 4. When proceedings are pending before the Aliens Litigation Council pursuant to section 39/79, the recognition of the right of permanent residence is suspended pending the conclusion of this procedure and the final decision of the Minister or his delegate.
§ 5. Upon request and after verification of the length of stay by the Minister or his delegate, a document certifying their right to permanent residence shall be issued to the citizens of the Union, in accordance with the terms fixed by the King.
§ 6. The right of permanent residence of family members who are not citizens of the Union is recognized by the issuance of a residence permit. They are registered in the population register.
This residence permit is issued in accordance with the terms fixed by the King in accordance with European regulations and directives.
It must be requested before the expiry of the validity period of the residence permit referred to in Article 42, § 3. When this residence card is not requested in time, the Minister or his delegate may impose an administrative fine of 200 euros. This fine is collected in accordance with section 42octies.
§ 7. Once acquired, the right of permanent residence is lost only by absences of the Kingdom lasting more than two consecutive years. » .
Art. 30. An article 42sexies, as follows, is inserted in the same law:
"Art. 42sexies. § 1^er. By derogation from Article 42quinquies, the right of permanent residence shall be granted, before the expiration of the uninterrupted period of three years, to the following categories of employees or non-employed workers referred to in Article 40, § 4, paragraph 1^er1°:
1° the employee or non-employed worker who ceases to work as a result of permanent incapacity for work, provided that:
(a) that he has been in continuous residence in the Kingdom for more than two years;
(b) or that permanent incapacity for work is the result of an occupational accident or illness that opens the right to a full or partial benefit from an institution of the Kingdom;
(c) or its spouse or partner referred to in Article 40 bis, § 2, paragraph 1^er1°, or Belgian;
2° the employee or non-employed worker who, when he or she ceases to exercise his or her activity, has attained the age prescribed by the law to assert his or her rights to an old age pension or a worker who ceases to engage in an employee activity following an early retirement, provided that his or her spouse or partner referred to in Article 40 bis, § 2, paragraph 1^er1°, be Belgian.
Involuntary periods of unemployment, duly recognized by the relevant employment service and during which the individual has not worked for reasons not attributable to him or her, or periods of absence or interruption of work for illness or accident, are considered to be periods of activity.
§ 2. The family members of the citizen of the Union referred to in § 1^er also obtain a permanent residence right.
§ 3. When the employee or non-employed worker referred to in Article 40, § 4, paragraph 1^er, 1°, dies during his professional career before having acquired the right of permanent residence on the basis of § 1^erthe members of his family staying with him in the Kingdom acquire a permanent right of residence provided that:
1° the employee or non-employed person spent two years in the Kingdom on an uninterrupted basis at the time of his death;
2° or that the death of the employee or non-employed worker is the result of an occupational accident or illness. » .
Art. 31. Section 42s, as follows, is inserted in the same law:
"Art. 42septies. - The Minister or his or her delegate may terminate the right of residence of a citizen of the Union or members of his or her family when he or she has used false or misleading information or false or falsified documents, or has used fraud or other illegal means, which have been decisive for the recognition of that right. » .
Art. 32. An article 42octies, as follows, is inserted in the same law:
"Art. 42octies. § 1^er. The decision imposing the administrative fine referred to in articles 41, 4, 41 bis, paragraph 2, 42, § 4, paragraph 2, and 42quinquies, § 6, paragraph 3, shall be enforceable immediately, notwithstanding any appeal.
The administrative fine may be paid through the designation of the amount due to the Caisse des Dépôts et Consignations.
§ 2. The citizen of the Union, or, where appropriate, the member of his family, who disputes the decision of the Minister or his delegate, filed by a written request an appeal with the court of first instance within one month of the notification of the decision, subject to a waiver.
If the court of first instance declares the appeal admissible and justified, the amount paid or recorded shall be refunded.
The court of first instance shall rule within one month of the introduction of the written application referred to in paragraph 1^er.
The text of paragraph 1^er is reproduced in the decision imposing the administrative fine.
§ 3. If the member of the Union or the member of his family remains in default of payment of the fine, the decision of the competent officer or the decision of the court of first instance is brought to the attention of the Administration of the Cadaster, the Recording and the Domains, in order to recover the amount of the administrative fine.
§ 4. If the citizen of the Union, the member of his family or his representative has recorded the sum of the administrative fine to the Caisse des Dépôts et Consignations and if he has not lodged an appeal with the court of first instance within the above-mentioned time limit, the summons is to the State. » .
Art. 33. In section 43 of the Act, the following amendments are made:
1° in the introductory sentence of paragraph 1^er, the words "to foreign EC" are replaced by the words "to Union citizens and members of their families", and the words "public security" are replaced by the words "national security";
2° paragraph 1^er, 2°, is replaced by the following provision:
"2° public or national security measures must respect the principle of proportionality and be based exclusively on the personal behaviour of the individual concerned. The existence of previous criminal convictions alone cannot motivate such measures. The behaviour of the person concerned must represent a real, current and serious threat to a fundamental interest of society. justifications not directly related to the individual case concerned or held for general prevention reasons cannot be retained;"
3rd paragraph 1^er, 4°, is replaced by the following provision:
« 4° Only diseases in the list annexed to this Act may justify a refusal of access or residence. The occurrence of a disease after a period of three months following the arrival in the territory cannot justify the removal of the territory. » ;
4° the article is supplemented by the following paragraphs:
"In order to judge whether the person concerned represents a danger to public order or national security, the Minister or his delegate may, at the time of the issuance of the declaration of registration or at the time of the issuance of the residence permit, request, if necessary, to the Member State of origin and possibly to others Member States, the communication of the judicial history of the interested party and, if necessary, the production of a criminal record extract.
Where serious evidence is warranted, the Minister or his or her delegate may, if necessary, submit the recipients of the right of stay to a free medical examination within three months of arrival, so that it is certified that they do not suffer from the diseases referred to in paragraph 1^erFour. » .
Art. 34. Section 44bis of the Act, inserted by the Act of 15 July 1996, is repealed.
Art. 35. Section 45 of the Act, replaced by the Act of 15 July 1996, is replaced by the following provision:
“Art. 45. § 1^er. Without prejudice to the application of Article 42bis, the citizen of the Union referred to in Article 40, § 4, and the members of his family referred to in Article 40bis, § 2, who have a right of residence within the framework of a stay of at least one year, may only be removed from the territory by royal expulsion order, after the advice of the Aliens Advisory Commission.
§ 2. The citizen of the Union and members of his family who have obtained a permanent right of residence, in accordance with Article 42quinquies or 42sexies, may only be expelled from the Kingdom for serious public or national security reasons.
§ 3. Unless there is a serious breach of national security, it may not, as the case may be, be expelled or returned from the Kingdom:
1st the citizen of the Union or members of his family who have stayed in the Kingdom in the last ten years;
2° the citizen of the Union or members of his family who have not reached the age of eighteen years, unless the distance is necessary in the interest of the minor child, as provided for in the applicable international conventions. » .
Art. 36. In section 46 of the Act, the following amendments are made:
1st paragraph 1^er becomes § 1^er;
2° paragraph 2, which becomes § 2, is replaced by the following provision:
"Notified to the interested person:
1° the refusal of a declaration of registration referred to in Article 42, § 2, or the refusal to issue the residence permit referred to in Article 42, § 3;
2° the loss of the right of residence on the basis of articles 42bis, 42ter, 42quater or 42septies;
3° the refusal to issue the document referred to in Article 42quinquies, § 5, or the refusal to issue the residence card referred to in Article 42quinquies, § 6;
4° the loss of permanent residence on the basis of Article 42quinquies, § 7, or Article 42ssepties;
3° paragraph 3 becomes § 3;
Paragraph 4, which becomes § 4, is replaced by the following provision:
“§4. Except in urgent cases duly demonstrated, this period may not be less than one month after the notification date. » .
Art. 37. An article 46bis, as follows, is inserted in the same law:
"Art. 46bis. § 1^er. The citizen of the Union or the members of his family referred to in Article 40 bis, § 2, may, at the earliest after two years after the royal order of expulsion or the ministerial order of return, apply to the delegate of the Minister for the suspension or termination of the order concerned, using means to establish a material change in the circumstances that had justified that decision.
§ 2. A decision on this application is made no later than six months after the introduction of the application.
The foreigners concerned have no right of access or residence in the Kingdom during the processing of this application. » .
Art. 38. Article 51/3bis, as follows, is inserted in the same law:
"Art 51/3bis. - A foreigner who makes an application for asylum may be subjected to a security search upon arrival with the authority referred to in section 50, in order to ensure that he does not carry a weapon or a dangerous object for his or her own physical integrity or that of a third party, or for public order.
The safety search is carried out by the palpation of the body and clothing of the person searched and by the control of his baggage. It cannot last longer than the time required for this purpose. It is carried out by a minister of the same sex as the person who is searched.
The King determines the other rules applicable to this security search. » .
Art. 39. It is inserted in title II of the same law, a chapter V, entitled "Chapter V - Recipients of long-term resident status in another Member State of the European Union, on the basis of the Directive 2003/109/EC of the Council of the European Union of 25 November 2003 on the status of nationals of long-term resident third countries".
Art. 40. It is inserted in title II, chapter V, of the Act, an article 61/6, which reads as follows:
"Art. 61/6. - States under Directive 2003/109/EC of the Council of the European Union of 25 November 2003 relating to the status of nationals of long-term resident third countries are the Member States of the European Union, with the exception of Denmark, Ireland and the United Kingdom. » .
Art. 41. It is inserted in title II, chapter V, of the Act, an article 61/7, which reads as follows:
"Art. 61/7. § 1^er. As long as there is no reason for public order or national security, and as long as there is no disease that can endanger public health, listed in the schedule to this Act, when a foreigner who has a valid long-term residence permit, issued by another Member State of the European Union on the basis of the Directive 2003/109/EC of the Council of November 2003
1° to be employed or not employed in Belgium;
2° pursue vocational studies or training in Belgium;
3° coming to Belgium for other purposes.
Evidence of the condition referred to in paragraph 1^er, 1°, is provided if it proves that it is authorized to work in Belgium or that it is exempted from this authorization and, as the case may be, that it has a contract of employment or a proposal of an employment contract, or the documents required for the exercise of the non-employed profession, and removes or may withdraw from this activity stable, regular and sufficient resources to support its needs and those of the members of its family in order to avoid
Evidence of the condition referred to in paragraph 1^er, 2° is provided if it meets the conditions set out in articles 58 to 60.
Evidence of the condition referred to in paragraph 1^er, 3°, is provided if it proves that it has stable, regular and sufficient resources to support its needs and those of its family members in order to avoid becoming a burden for public authorities, and if it proves that it has health insurance covering the risks in Belgium.
The rules referred to in paragraph 1^er are not applicable where the long-term resident wishes to stay in the Kingdom as an employee who is seconded by a service provider installed in a Member State of the European Union, as part of a cross-border service, or as a cross-border service provider.
§ 2. The application for permission to stay is filed in accordance with the terms set out in Article 9 or 9bis.
When the authorisation is requested by the foreigner to the locality in which he or she stays, the latter shall, unless he or she refuses to take the application into consideration, provide proof of receipt of the application and promptly transmit it to the Minister or his or her delegate.
§ 3. The decision on the application for a residence permit shall be taken as soon as possible and no later than four months after the application, when the application is made abroad, or after the date of the receipt of proof of receipt of the application in the case referred to in § 2, last paragraph.
Where the required documents are not produced or in exceptional cases related to the complexity of the review of the application and a reasoned decision made available to the applicant, the Minister or his or her delegate may, at a single resumption, extend this period for a period of three months.
Upon the expiry of the four-month period following the introduction of the application, possibly extended in accordance with paragraph 2, if no decision has been taken, the residence permit must be issued when the documents referred to in § 1^er have been produced.
§ 4. The provisions of Article 13, § 1^erParagraphs 1^er and 5, and § 2, are applicable to the residence permit referred to in § 1^er.
Registration in the register of foreign nationals referred to in § 1^er and the issuance of the residence permit in accordance with the provisions of Article 12.
§ 5. The Minister or his delegate shall inform the competent authorities of the Member State of the European Union in which the foreigner has been granted a residence permit for a long period of time on the basis of Directive 2003/109/EC of the Council of the European Union referred to above, of the decision to permit his stay.
§ 6. Permit to stay of a foreigner referred to in § 1^erParagraph 1^er, 1° and 3°, becomes unlimited at the expiry of a period of five years following the issuance of the residence permit. » .
Art. 42. It is inserted in title II, chapter V, of the Act, an article 61/8, which reads as follows:
"Art. 61/8.- When the Minister or his delegate gives, in accordance with the provisions of Article 13, § 2bis, the order to leave the territory abroad authorized to stay in the Kingdom for a limited period under Article 61/7, he shall inform the Member State of the European Union in which the foreigner has been granted a residence permit for a long term on the basis of Directive 2003/109/EC of the Council of the European Union referred to above. » .
Art. 43. It is inserted in title II, chapter V, of the Act, an article 61/9, which reads as follows:
"Art. 61/9. - When the alien who has been authorized to stay on the basis of Article 61/7, § 1^er, has seriously adversely affected public order or national security, the Minister may, pursuant to section 20, paragraph 1^era decision to depart from the territory of the European Union, in agreement with the authorities of the Member State of the European Union in which the foreigner was granted a residence permit for a long term resident on the basis of the directive 2003/109/EC of the Council of the European Union referred to above. » .
Art. 44. Section 74/8 of the Act, inserted by the Act of 15 July 1996 and amended by the Act of 15 September 2006, is supplemented as follows:
“§ 5. The foreigner referred to in § 1^er may be subjected to a security search to ensure that it does not carry a dangerous weapon or object for its own physical integrity or that of third parties, or for public order, in each of the following cases:
1° upon arrival in a place referred to in § 1^er;
2° after he received a visit;
3° before its transfer.
Upon arrival in a place referred to in § 1^erthe person visiting a foreigner referred to in § 1^er may also be subjected to this security search.
The safety search is carried out by the palpation of the body and clothing of the person searched and by the control of his baggage. It cannot last longer than the time required for this purpose. It is carried out by a minister of the same sex as the person who is searched.
§ 6. The Minister's delegate may use constraint in respect of the foreigner referred to in § 1^erand within the framework of its transfer referred to in § 3.
This use of coercion is subject to the conditions set out in section 37 of the Police Service Act of 5 August 1992.
The King determines the rules relating to training as part of the use of coercion by the Minister's delegate. » .
Art. 45. Section 79 of the Act, as amended by the Acts of 14 July 1987, 6 May 1993, 15 July 1996 and 26 June 2000, is amended as follows:
1° to paragraph 1^er, 2°, the reference to Article 41bis is deleted and the words ", to Articles 42, § 2, 42quinquies, § 5," are inserted between the words "planned to these articles" and the words "or Article 2";
2° to paragraph 2, the reference to articles "5, 12, 17 or 41 bis" is replaced by the reference to articles "5, 12, 17, 41 bis, 42, § 2 or 42quinquies, § 5".
Art. 46. The Schedule to the Act is replaced by the Schedule attached to this Act.
CHAPTER III. - Transitional provisions
Art. 47. From the coming into force of this Act, all its provisions are applicable to the citizens of the Union, members of their families and members of the Belgian family, on the understanding that:
1° the residence permits of the citizens of the Union remain valid until the expiry of their validity period;
2° the citizens of the Union and the members of their families who have a residence card of a citizen of a Member State of the European Communities or a foreign identity card, recognizing their right of residence, at the time of the entry into force of this Act, are from that moment of office deemed to be enjoying the right of residence in accordance with Article 42 of the Law of 15 December 1980;
3° subject to a marriage of convenience, an abuse of law or another form of fraud that has been decisive for the recognition of the right of residence, it cannot be put to an end to the stay of the citizens of the Union and of the members of their families who have a residence card of a national of a Member State of the European Communities or a foreign identity card, recognizing their right of residence, at the time
4° the foreigner authorized to stay for a limited period of time, as a partner of a citizen of the Union or of a Belgian, in accordance with the criteria described in the circular dated 30 September 1997 concerning the granting of a residence permit on the basis of the cohabitation in the context of a lasting relationship, at the time of the entry into force of Article 21 of this Law, is considered to be entitled to the residence of that moment as
During the period remaining three years after the issuance of the first foreign residence permit, the Minister or his or her delegate may terminate his or her stay on the basis, as the case of section 42ter or 42quater of the same Act, including if the common life contract is denounced.
Upon expiry of the period referred to in paragraph 2, the partner concerned of the citizen of the Union or of a Belgian shall have the right to permanent residence under the conditions provided for in section 42quinquies of the Act.
CHAPTER IV. - Entry into force
Art. 48. With the exception of this section, this Act comes into force on the dates fixed by the King and no later than the first day of the thirteenth month following that in which it was published in the Belgian Monitor.
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 25 April 2007.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) 2006-2007 session.
Chambers of Representatives:
Parliamentary documents. - Bill No. 51-2845/1. - Amendments, No. 51-2845/2. - Report, no. 51-2845/3. - Text adopted by the commission (Art. 78 of the Constitution), No. 51-2845/4. - Text adopted by the Commission (Art. 77 of the Constitution), No. 51-2845/5. - Text adopted in plenary session and transmitted to the Senate, No. 51-2845/6.
Full report: 22 March 2007.
Senate:
Parliamentary documents. - Project referred to by the Senate, No. 3-2345/1. - Report, number 3-2345/2. - Decision not to amend, No. 3-2345/3.
Annales du Sénat : 12 avril 2007.

Annex
Diseases that could endanger public health:
1. Forty-year diseases referred to in International Health Regulation No. 2 of 25 May 1951 of the World Health Organization;
2. TB of the active respiratory tract or with a scalable tendency;
3. other contagious infectious or parasitic diseases as long as they are the subject of protection provisions in Belgium for nationals.