The CGRS recognises refugees. After his recognition, a refugee is at first entitled to limited residence in Belgium. The recognised refugee is subject to Belgian law and must respect the same laws as Belgian citizens.
The recognised refugee cannot as a rule return to his country of origin.
A recognised refugee may travel abroad with a travel document for refugees, because he may no longer use the international passport of his country of origin.
Short stay abroad
Before his departure, the recognised refugee must inquire at the embassy or the consulate of the country of destination whether he needs a visa for his trip. A short stay is for a maximum period of three months.
Long stay abroad
The recognised refugee must inform the municipality if he wants to stay in another country for a longer period of time. The recognised refugee has the right to return to Belgium within 1 year; after that, a return is not guaranteed.
If the recognised refugee wants to settle in another country, he will be subject to the laws and regulations of that country.
The recognised refugee can obtain documents of civil status and a refugee certificate from the CGRS.
The minor children of a recognised refugee can obtain refugee status on the same grounds. The procedure to be followed depends on the time when the children join their parents:
- Children who arrived in Belgium together with their parents receive refugee status together with their parents.
- Children born in Belgium after you were recognized as a refugee, will not automatically be granted refugee status. You can ask for your children born in Belgium to be granted the same refugee status as you.
- If both you and the other parent have been recognized as a refugee in Belgium, you must address this application form in Dutch or in French to the Helpdesk Recognized Refugees and Stateless Persons of the CGRS. Have this form completed by the municipality. This will also legalise the signature of the parents. You must prove the lineage between the child and both parents by means of a Belgian birth certificate.
- If the other parent has not been recognized as a refugee in Belgium, you must address your request to the Immigration Office (IO), The International Protection department (administration), at the following telephone number : 02 488 97 16 (NL-FR). E-mail address: asiel.administratie@ibz.fgov.be (NL), asile.administration@ibz.fgov.be (FR). You must prove the lineage between the child and both parents by means of a Belgian birth certificate.
- If you are a single mother applying for refugee status for your child, you must address this application form in Dutch or in French to the Helpdesk Recognized Refugees and Stateless Persons of the CGRS. Have this form completed by the municipality. This will also legalise the signature of the parent. You must prove the lineage between you and the child by means of an extract of the Belgian birth certificate. This extract may not be older than 1 month.
Children who arrived in Belgium after their parents were recognised as refugees must register at the registration centre of the Immigration Office (IO).
Stay of maximum three months
A refugee recognised in another European Union Member State is allowed to stay in Belgium for a maximum of 3 months. To enter Belgium, he/she needs a travel document for refugees issued by his/her country of asylum.
A refugee recognised in a country which is not a member of the European Union is also allowed to stay in Belgium for a maximum of 3 months. A tourist visa will usually be necessary to enter Belgium.
Stay of more than three months
To stay in Belgium for more than 3 months, a residence permit, issued by the Belgian embassy or consulate in the country which granted refugee status, will be necessary.
Confirmation of refugee status
To obtain in Belgium confirmation of a refugee status granted by another country, a request for confirmation has to be made at the CGRS. The Immigration Office must have issued a prior authorization to stay for an indefinite period to the recognized refugee.
- The recognised refugee must have stayed legally in Belgium for at least 18 months.
- The duration of the stay in Belgium must not have been restricted for a specific reason.
The recognised refugee has to add copies of the following documents to his/her request:
- His/her residence card or residence permit
- the travel document issued by the country which granted refugee status.
Voluntary ending of the refugee status
The recognised refugee can renounce his protection status when he thinks the reasons for leaving his country no longer exist.
The recognised refugee may renounce his/her refugee status by personally presenting at the CGRS Helpdesk recognised refugees and stateless persons.
He/she brings the necessary documents (travel document, refugee certificate and an identity document) and signs a declaration of renunciation. If the CGRS is in possession of his/her national passport, it gives it back to the person
The consequences of renouncing the refugee status
The CGRS is no longer responsible for issuing documents of civil status to this person who must again contact the authorities of his country of origin.
The Immigration Office (IO) does not automatically end the right of residence, but will decide on a case-by-case basis based on the information contained in the administrative file.
After the renunciation of refugee status, the person is allowed to:
- travel abroad with the passport of his country of origin
- travel to his country of origin
Cessation of the refugee status by the CGRS
A decision to revoke ends the status that has been granted.
The CGRS revokes the refugee status when:
- the person concerned has voluntarily availed himself or herself of the protection of the country of his or her nationality;
- the person having lost his or her nationality, has voluntarily re-acquired it;
- the person concerned has acquired a new nationality and enjoys the protection of the country of his or her new nationality;
- the person concerned has voluntarily re-established himself or herself in the country where he/ she fears persecution;
- the circumstances as a result of which refugee status was recognized, have ceased to exist and the person concerned can no longer refuse to avail himself or herself of the protection of the country of nationality (country of habitual residence in case of statelessness), unless there are compelling reasons resulting from prior persecution ,
And the Commissioner General takes a decision to revoke refugee status if
- the person concerned is or should have been excluded from protection or
- if he obtained protection status through fraud.
The Commissioner General also revokes refugee status if:
- the person in question has been convicted of a particularly serious crime and constitutes a threat to society, or
- there are reasonable grounds to consider the person concerned as a threat to national security.
For some decisions of withdrawal of refugee status, the CGRS gives an opinion on the possibility of expulsion.