The CGRS grants subsidiary protection. The subsidiary protected person receives a residence permit for a limited period of one year. Some laws from the country of origin still apply to the subsidiary protected person, such as laws on the age of majority or the validity of a marriage.

 

Residence and work in Belgium

The subsidiary protected person receives a residence permit for one year. This can be renewed with the municipal authority for two years at a time. After five years, the subsidiary protected person receives an unlimited residence permit from the municipality.

In order to work in Belgium, the subsidiary protected person has to apply for an employee work permit or a self-employed work permit.

Travelling abroad

The subsidiary protected person can travel abroad with a valid international passport and the required visas. He can request this passport at the consulate or embassy of his country of origin. If this is not possible, he can request a 'travel document for foreigners' from the Ministry of Foreign Affairs, under additional conditions.  He must then present a certificate to the effect that he cannot apply for a passport from his own government. The CGRS can issue this certificate.

In any case the subsidiary protected person needs a passport to travel abroad, even within the EU.

Travelling to the country of origin may question the status of the subsidiary protected person.

Family of the subsidiary protected person

Children

  • Children automatically have the same status as their parents (subsidiary protection status) when they have arrived together and have applied for asylum at the same time.
  • If the children were born after their parents were granted subsidiary protection status, they are registered in the aliens' register.
  • If the children arrive after their parents were granted subsidiary protection status, they must submit their own asylum application.

Family reunification

Some family members can apply at the Belgian diplomatic post in the country of origin for family reunification. The Immigration Office (IO) processes these applications for family reunification.

End of the subsidiary protection status

The Commissioner General may end the status if the circumstances in the country of origin have improved.

The Commissioner General revokes the subsidiary protection status when

  • the person who has been granted subsidiary protection is or should have been excluded from this form of protection on account of
    • a crime against peace, a war crime, a crime against humanity
    • acts contrary to the purposes and principles of the United Nations
    • a serious crime
  • the person who has been granted subsidiary protection has obtained the status through fraud
  • the person who has been granted subsidiary protection shows afterwards by his personal behaviour that he does not run a real risk of serious harm.

The Commissioner General can revoke the subsidiary protection status if the person who has been granted subsidiary protection has committed in his country of origin one or several crimes that would be punishable by imprisonment if they had been committed in Belgium. Moreover, the person must have left his country of origin only in order to escape punishment for his crimes.

The Immigration Office can ask the Commissioner General

  • for cessation of the subsidiary protection status during the limited stay (5 years) if the circumstances in the country of origin have changed permanently and radically
  • to revoke the subsidiary protection status during the first ten years of residence after the  asylum application was submitted, on account of:
    • a crime against peace, a war crime, a crime against humanity
    • acts contrary to the purposes and principles of the United Nations
    • a serious crime
    • a threat to society or to national security
    • fraud
    • because the person who has been granted subsidiary protection shows afterwards by his personal behaviour that he does not run a real risk of serious harm.
    • because the person who has been granted subsidiary protection has committed in his country of origin one or several crimes that would be punishable by imprisonment if they had been committed in Belgium. Moreover, the person must have left his country of origin only in order to escape punishment for his crimes.

The Immigration Office can at any time, even after the first ten years of residence, ask the Commissioner General to revoke the subsidiary protection status if the person is excluded or should have been excluded from subsidiary protection on account of

  • a crime against peace, a war crime, a crime against humanity
  • acts contrary to the purposes and principles of the United Nations
  • a serious crime
  • a threat to society or national security.