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BELGIUM: Some Historical Residence Fees Can Be Reclaimed

On 11 September 2019, the Belgian Council of State annulled two Royal Decrees that established the payment of residence administrative fees (the first of 16 February 2015 that introduced the administrative fee and the second of 14 February 2017 that raised the fee amount).

  • Residence administrative fees paid between 2 March 2015 and 25 June 2016 can, therefore, be fully recovered (EUR 215 for main applicant and EUR 160 for non-working spouse).
  • Residence administrative fees paid between 1 March 2017 and 2 January 2019, can be partially recovered (EUR 135 for main applicant and EUR 40 for non-working spouse).

However, the Royal Decrees of 8 June 2016 and 12 November 2018, remain in force, and the current residence administrative fee (i.e. EUR 358 and EUR 204) is due.

There is discussion about the legality of these other Decrees, and it may be possible to reclaim all residence fee payments. However, it is recommended to pay the fee required to submit the application and to consider reclaiming the fee only after approval has been issued.

How to Recover Qualifying Payments

  • A form must be completed, signed and submitted to the Immigration Office (one form for each applicant).
  • The evidence of payment must be submitted along with the form.

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

This alert was prepared with information provided by Immigration Law Associates and Expat Management Group.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.