Humanitarian visa
The humanitarian visa is a legal mechanism set up by Belgium to allow people in highly vulnerable situations to enter the country, when the situation in their country of origin poses a serious threat to their safety or well-being. This visa is intended for people who, even if they do not meet the classic international protection criteria, need urgent protection from Belgium.
In practice, it can be issued for a variety of humanitarian reasons, whether for victims of conflict or persecution, or for those in need of medical care unavailable in their own country. But obtaining such a visa is not always straightforward, as each application is examined on a case-by-case basis, and the legal conditions for obtaining a humanitarian visa are unclear.
What are the reasons for applying for a humanitarian visa?
People applying for humanitarian visas are often faced with exceptional situations: armed conflicts, threats to their security, situations of extreme hardship, or urgent medical needs. An example of a humanitarian visa might be if people need to flee a war zone or access medical care that is impossible to receive in their country of origin, this visa can be a solution for obtaining temporary protection in Belgium.
However, issuing this visa is far from routine. Unlike traditional visas, such as those for studies or family reunification, the procedure is often more complex and uncertain. Eligibility criteria are strict, and although the application can be submitted to the Belgian embassy, the chances of a positive response remain limited.
Apart from humanitarian reasons in the strict sense of the term, humanitarian visas are regularly used to make up for the shortcomings of family reunification. In fact, this type of visa is used to allow people who do not fall into the categories covered by family reunification (e.g. brothers, sisters, parents).
How do I apply for a humanitarian visa?
To obtain a humanitarian visa, a number of documents are generally required, depending on the personal situation of the person wishing to travel to Belgium. As with any visa application, you'll need to provide detailed proof of your identity, age, profile and personal situation. There is no specific list of documents required for this type of visa, as each application is fundamentally different. The most important thing is to keep as much material evidence of your situation as possible, even if this evidence is incomplete. The more evidence you can provide, the better your chances of obtaining a humanitarian visa in Belgium.
Documents specific to humanitarian visas include the following:
- A letter explaining the humanitarian reasons for the request.
- Documents proving the seriousness of the situation.
Assessing the application takes time, and the outcome is never guaranteed, which is a real headache for applicants for this type of visa. There are cases where it would be perfectly justifiable for the visa to be granted, but it isn't; and then, sometimes, the Aliens Office grants it, much to everyone's surprise.
If you think you're eligible to apply for a humanitarian visa for yourself or someone you know, it's best to make an appointment with one of our legal experts to assess the situation as a whole.
Is the humanitarian visa a poker game?
Given the many grey areas and the unpredictability of decisions handed down by the Belgian authorities on humanitarian visas, it's almost like going all-in on a poker game.
In our opinion, applying for this visa should be one of the last things to try when all other legislative tools have been exhausted or have very little chance of success.
