The accompanied child
Any child who, in any residence procedure, is accompanied by (a) parent(s) or legal guardian appointed in the country of origin, is considered an accompanied child. European children accompanied by (a) parent(s) are also called accompanied children.
The accompanied child:
- is under 18 years old;
- stays in Belgium with his parent(s) or legal guardian;
- his parent(s)or legal guardian have filed an application for international protection, either on their own behalf or on behalf of the child. .
More information on this subject tailored to the asylum seeker can be found on asyluminbelgium.be in 9 languages (Dutch, French, English, Spanish, Arabic, Pashto, Farsi, Tigrinya and Somali).
The accompanied child follows the procedure of his parent(s) or legal guardian
Children who arrive with their parent(s)/legal guardian on the territory, are registered on the annex of their parent(s)/legal guardian and always follow the procedure of their parent(s)/legal guardian. This means that a child always follows the parents’ procedure and cannot file an application for international protection in his own name. In principle, accompanied children are not interviewed. .
These children do have the possibility to be interviewed. If a child wishes to be interviewed, it will be given the opportunity to have a personal interview. This is a right, not a duty. Indeed, the parent(s)/legal guardian can be expected to explain the problems of the children they accompany, during their personal interview at the CGRS. If children wish to tell their own story, they may ask the CGRS to be interviewed and the CGRS will give them the opportunity to have a personal interview, unless this is not in the child’s best interest. For example, if a child is too young, the CGRS considers that a personal interview is not in the child’s best interest. If the child would rather not be interviewed, this does not have any consequences for the decision of the parent(s)/legal guardian.
In principle, the personal interview with an accompanied child is conducted between a specialized protection officer and the child and in the presence of at least one parent or guardian. A lawyer and/or a trusted person may also be present.
On justified grounds and only in the child’s best interests, the CGRS may interview the accompanied child without the presence of his parent or guardian. In such cases, the child must be assisted during the personal interview by a person with necessary skills and expertise in order to protect their best interests. This may be a lawyer, a trusted person or another person with necessary skills and expertise. In any case, the child will not be interviewed in the presence of a parent(s)/guardian or other close family members.
Besides, the CGRS also has the possibility to invite the child to a personal interview, even if the child has not specifically asked for this. This can for example be the case if the parent(s)/legal guardian mentions specific facts on account of the child. The child is not obliged to accept this invitation. If the child rather does not do this, this does not have any consequences for the decision that is taken on account of the family.
The CGRS takes one decision that is valid for both the parent(s)/legal guardian and the child. Exceptionally, a separate decision will nevertheless be taken on account of the child if specific elements necessitating such a decision are established.
From 12 June 2026, parents file an application for international protection on behalf of their child.
However, if the parents do not file an application for international protection, they may file an application one on behalf of their child.
If no definitive decision has been taken regarding the application of the parent(s)/legal guardian, the child’s application will be processed together with that of his parent(s).
If a definitive decision has already been taken regarding the application of the parent(s)/legal guardian, the child’s application will be considered as a “subsequent” application.
Prior to 12 June 2026, children were able to file an application in their own name. If a final decision had already been taken regarding the application filed by the parent(s) or legal guardian, the child’s application will be processed with a specific filter: the child has to mention personal facts that justify a separate application. If a separate application is not justified, the CGRS will take a decision of inadmissibility on behalf of the child. If the child does mention personal facts that justify a separate application, the CGRS will decide that the application is admissible, after which the application will be judged on its substance. However, this ground for inadmissibility will no longer apply to applications lodged from 12 June 2026.
Adapted assessment of the application for international protection
The application for international protection is assessed in the same way as for the unaccompanied child (see above).
The decision
In its decision, the CGRS uses a language that is adapted to the child’s age and profile. The child’s declarations will not be used against the parent(s)/legal guardian in a decision. The child can ask that the decision is sent to the chosen place of residence or to another address . If the chosen place of residence is not with the lawyer, the lawyer will receive a copy of the decision.