Residence Applications in Belgium for Humanitarian or Exceptional Reasons

In Belgium, the basic rule for stays longer than 90 days is clear: the foreigner normally submits their application to the competent Belgian embassy or consulate abroad, and this application is usually processed as a type D long-term visa. However, Belgian law also allows for special procedures that deviate from this general rule in some cases. In particular, applications made from within the country for exceptional reasons and applications for medical reasonsare exceptions to the classic long-term visa system. The Belgian Immigration Office clearly regulates this under headings 9bis and 9ter (dofi.ibz.be)

Therefore, when we talk about "humanitarian residency in Belgium," we are not actually referring to a single application route. In practice, there are three separate axes. The first is the long-term D visa application made from abroad, often referred to as a humanitarian visa , under Article 9 of the Law of December 15, 1980. The second is the 9bis application made from within Belgium, where, due to exceptional circumstances , the file can be submitted from Belgium rather than the applicant's country of origin . The third is the 9ter medical residency application , pursued due to the applicant's serious illness . These three routes have different authorities, document regimes, admissibility conditions, and outcomes. ( dofi.ibz.be )

The most frequently asked questions in Turkish searches also revolve around this distinction: “How to obtain a humanitarian residence permit in Belgium?”, “What is the difference between 9bis and 9ter?”, “Can I apply without leaving Belgium?”, “Under what conditions is a residence permit granted for medical reasons?”, “What is the difference between a humanitarian visa and family reunification?” This text has been prepared to answer these questions in light of current official Belgian sources and, in particular, to prevent confusion between the application methods. (dofi.ibz.be)

1. The logic of general rules and exceptions

In the Belgian system, the initial step is this: a foreigner wishing to stay longer than 90 days typically applies to the competent Belgian diplomatic or consular mission abroad. According to the official statement of the Immigration Office, this is the basic regime outlined in Article 9 of the Law of December 15, 1980, and the application is made on the D-type long-term visa form. In other words, the normal procedure is to obtain prior authorization from abroad, not through "subsequent arrangements" within the country. (dofi.ibz.be)

Belgium's humanitarian or exceptional residence mechanisms constitute an exception to this general rule. In the case of 9bis, the issue is why the person is obliged to apply from Belgium. In 9ter, the issue is whether returning due to serious illness poses a real risk to life or bodily integrity, or whether access to adequate treatment is unavailable. Therefore, 9bis and 9ter are not two paths that "describe the same thing with different names"; one is essentially a procedural exception, the other a special protection based on material-medical grounds . This distinction is extremely important in practice. (dofi.ibz.be)

Humanitarian long-term visa applications from abroad constitute a separate category. The contribution table shows a separate category for various long-stay applications, including those for “humanitarian reasons,” made through embassies or consulates in accordance with Article 9 of the Law of December 15, 1980. Furthermore, some diplomatic mission websites explicitly state that elderly parents wishing to join their adult children, or some children over 18, a humanitarian visa . This indicates that humanitarian applications are sometimes used as a supplementary channel replacing family reunification. (dofi.ibz.be)

2. What is 9bis and how does it work?

In Belgian law, 9bis refers to residence applications made from within the country due to "exceptional circumstances." According to the official definition of the Immigration Office, 9bis allows an applicant to submit their application within Belgium by contacting the mayor of the municipality where they actually reside; however, there are two essential conditions: there must be exceptional circumstances justifying the application from Belgium, and the applicant must prove their identity. Furthermore, applications submitted directly to the Immigration Office will not be considered. (dofi.ibz.be)

The critical point here is that 9bis doesn't require the applicant to simply want to stay in Belgium, but why they cannot return to their country of origin and apply through a diplomatic mission there. The official text explicitly states that the applicant must demonstrate that it is "impossible or particularly difficult" for them to return to their country of origin or another country where they are permitted to apply for a D visa from there. In other words, the focus of 9bis is less on the statement "I have good reasons to stay" and more on the question "Why do I have to apply from here?" (dofi.ibz.be)

The Immigration Office also sets an important limit: having lived in Belgium for a long time or being integrated into Belgian society is not, in itself, an exceptional condition. This sentence is very important in practice; because many people think that having lived in Belgium for years or having established a social network automatically qualifies them for 9bis. The official system does not accept this; integration may help in the overall assessment of the case, but it is not the exception that alone makes a 9bis application acceptable within the country. (dofi.ibz.be)

The prohibition against repetition in 9bis files is also noteworthy. Elements previously raised and rejected in the asylum procedure, grounds already used in a previous residence permit application, or elements raised in a 9ter medical application cannot be resubmitted as "exceptional conditions" in 9bis. This rule necessitates that the applicant establishes the correct file strategy from the outset; because returning with the same grounds under different headings often creates problems at the admissibility stage. (dofi.ibz.be)

3. Procedures and documents for the 9bis application

The 9bis application is submitted through the municipality. Applications sent directly to the Immigration Office will not be considered; they must first be submitted to the municipality where the applicant actually resides. It is clear that the municipality is not merely a passive document-receiving authority. According to official procedure, the municipality checks within ten days of the application whether the applicant actually resides at the address provided. If this residence check is negative, the municipality does not consider the application and does not send the file to the Immigration Office at all. (dofi.ibz.be)

Proof of identity is one of the first thresholds of 9bis. According to the official text, a recognized international passport, equivalent travel document, or national identity card is acceptable; however, they do not necessarily have to be valid. Nevertheless, a person who cannot present any form of identity must validly explain why they cannot. Exceptions are made, however, for those whose international protection application has not yet been definitively decided or who can validly prove the impossibility of obtaining an identity document in Belgium. (dofi.ibz.be)

The contribution fee is also important in a 9bis application. The official fee schedule stipulates a contribution fee of €377 for 9bis applications made within Belgium, and the Immigration Office explicitly states that applications without proof of payment will be considered inadmissible. Furthermore, the contribution fee is non-refundable if the application is rejected. Therefore, one of the most common technical errors in a 9bis application is omitting the payment method before stating the reasons for rejection. (dofi.ibz.be)

If the admissibility stage is passed, the merits of the case are examined. If the Immigration Office accepts the application, the municipality registers the applicant in the foreigners' register and issues an A card or B card depending on the reason. In case of rejection, an appeal against the decision is possible; however, according to the official text, this appeal does not have a suspending effect. In other words, a 9bis rejection decision is not automatically suspended simply because an appeal has been filed. This point is extremely critical for the applicant's process planning. (dofi.ibz.be)

Timing is also important when renewing a limited A card issued via 9bis. The official website requires that the renewal request be submitted to the municipality between the 45th and 30th days before the card's expiration date. Otherwise, the cardholder can maintain their status even after initial acceptance, not only because they were granted a residence permit, but also because they meet the renewal conditions. (dofi.ibz.be)

4. What is 9ter and when does it come into play?

9ter is a special type of residence permit application in Belgian law based on medical grounds. According to the Immigration Office, a person can apply for a 9ter if they are in Belgium and their illness poses a genuine risk to their life or physical integrity, or if they risk inhuman or degrading treatment if returned due to the lack of adequate treatment in their country of origin or the country where they are permitted to reside. Therefore, 9ter is not a general "mercy" application; it is a highly technical, health-based residence permit requiring concrete proof of risk. (dofi.ibz.be)

The legal threshold here is high. Not every health problem falls under the 9ter category. The official text lists among the grounds for rejecting an application the opinion of a doctor at the Immigration Office stating that the illness does not clearly meet the legally defined threshold for severe risk. Therefore, 9ter applications should not be based on a simple need for treatment or a general health complaint; rather, they should only be pursued with cases where the risk is serious, real, and concretely demonstrated in terms of access to treatment. (dofi.ibz.be)

A key difference with 9ter is the application authority. While 9bis is submitted to the municipality, 9ter applications registered mail . The application must include proof of identity, actual address in Belgium, useful and up-to-date information about the illness, data on the availability and accessibility of treatment in the country of origin, and a standard medical report issued no more than three months prior to the application. This standard report has a specific form, and a new model has been in use since March 1, 2024; the old model is also accepted during a transitional period. (dofi.ibz.be)

In the 9ter application, the proof of identity is regulated in a more technical manner. The official page states that identity can be proven not only with a classic document, but also with one or more pieces of evidence that meet certain conditions. However, this evidence must not only rely on the applicant's statement, but must be issued by the competent authorities and must be suitable for establishing a physical connection with the applicant. Therefore, the identity section in the 9ter case is as important as the medical section. (dofi.ibz.be)

5. Admissibility in 9ter, physician review and decision

The first stage in 9ter applications is the admissibility check. According to official rules, applications are considered inadmissible if they are not sent by registered mail, if a physical address in Belgium is not provided, if identity is not properly proven, if a standard medical report is not submitted, or if the report does not meet the legal form requirements. Furthermore, as with 9bis, some repeated applications and previously submitted elements can also raise admissibility issues. (dofi.ibz.be)

If the admissibility stage is passed, the file is examined medically. This examination is carried out by the medical officer of the Immigration Office or a doctor appointed by them. The doctor assesses the severity of the illness, the necessary treatment, the actual risk to the life or physical integrity of the applicant, and the availability and accessibility of treatment in the country of origin or residence. If deemed necessary, the doctor may call the applicant for an examination and request additional expert opinions. If the applicant does not attend the examination call and does not provide a valid excuse within fifteen days, the application may be rejected. (dofi.ibz.be)

If the application is accepted, the municipality registers the applicant in the foreigners' register and issues a limited A card valid for one year. The official website also states that this limited residence permit will convert to an unlimited B card at the end of a five-year period from the date of application. In this respect, 9ter is not only a short-term health tolerance, but also a path that can evolve into a stronger residence status if conditions persist. An appeal is possible in case of refusal; however, unlike 9bis, an appeal against a 9ter refusal does not have an automatic suspension effect. (dofi.ibz.be)

The renewal period for the 9ter A card is different. According to the official rule, the renewal application must be submitted to the municipality between the 60th and 30th days before the date determined by the Immigration Office. This difference shows that 9ter has its own special administrative calendar and is not subject to the exact same renewal regime as 9bis. (dofi.ibz.be)

6. Humanitarian D visa applications from abroad

Not all humanitarian-based residence permit applications in Belgium are 9bis or 9ter. In some cases, the application a long-term humanitarian visa application submitted to a Belgian representation abroad. The official fee schedule stipulates a contribution of €242 for various long-stay applications, including those based on “humanitarian reasons,” made in accordance with Article 9 of the Law of December 15, 1980. This demonstrates the existence of humanitarian visa applications as an independent category within the system. (dofi.ibz.be)

The application pages of foreign missions show that this method is used particularly in certain kinship relationships that do not fall under the classic family reunification category. For example, elderly parents wishing to join their adult children, or some children over the age of 18, must apply for a humanitarian visa, not a family reunification visa, according to the official Belgian representation websites in certain countries. This information corrects the common misconception that "every case is a family reunification case if there is a family connection." Some humanitarian family cases proceed only through a humanitarian assessment because the right to family reunification is not directly granted in the legislation. (bulgaria.diplomatie.belgium.be)

There is a significant difference between a humanitarian visa application made from abroad and a 9bis application made from within the country. The 9bis application explains why the applicant must apply from Belgium. A humanitarian visa, on the other hand, involves processing the application at an embassy or consulate abroad from the outset. Therefore, confusing these two methods can lead to choosing the wrong application authority and wasting considerable time. (dofi.ibz.be)

Belgium's national entry table also shows that residence permits granted for humanitarian reasons, with categories such as "B33 – Humanitarian reasons" and in some cases "B44 – Humanitarian reasons," are in practice limited to A cards. The same table indicates that renewal of these cards requires the individual not to be a burden on the public, to be engaged in education, professional activity or similar pursuits, not to threaten public order, and to demonstrate efforts towards integration. This means that residence permits granted for humanitarian reasons are not entirely unlimited and unchecked. (dofi.ibz.be)

7. Which approach should be considered and when?

In Belgium, when establishing a "humanitarian or exceptional" application, the first question is whether the application is coming from within the country or from abroad . If the person is within Belgium and it becomes impossible or extremely difficult to return and apply through the normal procedure, the 9bis visa may be considered. If the person faces a serious health risk and there is a risk of life, bodily integrity, or inhumane treatment upon return, the 9ter visa should be considered. Conversely, if the person is abroad and has a case that does not fall into the classic long-stay categories but has a humanitarian weight, the humanitarian visa line may be more appropriate. This distinction is a logical consequence of the official structure. (dofi.ibz.be)

The second question is whether the justification is procedural or substantive . In the 9bis visa, the procedural obstacle is central: “Why can’t I go to the diplomatic mission and apply?” In the 9ter visa, the substantive risk is central: “Why is repatriation due to serious illness and lack of treatment unacceptable?” In the humanitarian visa, the justification must be based on family, care, vulnerability, or another humanitarian basis, depending on the type of humanitarian reason. Therefore, simply stating “I am in a difficult situation” is insufficient under any heading; the specific legal category to which the difficult situation falls must also be established. (dofi.ibz.be)

The third question is which category the applicant's evidence best fits. For the 9bis category, documents demonstrating exceptional circumstances and why repatriation is particularly difficult are emphasized. For the 9ter category, standard medical reports, up-to-date medical information, and data on the availability of treatment in the country of origin are decisive. For the humanitarian visa, the file structure requested by the diplomatic mission and specific documents supporting the humanitarian grounds are crucial. If the evidence supporting the case is based on the wrong category, even a materially strong humanitarian case can be weakened procedurally. (dofi.ibz.be)

8. The most common mistakes

The most common mistake in humanitarian or exceptional applications in Belgium is confusing 9bis with 9ter. Someone might file a health-related application as 9bis, or a file describing difficulty in accessing treatment as 9ter. However, the official system clearly distinguishes between these two categories. One is based on exceptional circumstances for admissibility, while the other is based on serious illness and risk to access treatment. (dofi.ibz.be)

The second common mistake is submitting the application to the wrong authority. 9bis is sent to the municipality, and 9ter is sent by registered mail to the Immigration Office. A humanitarian visa, as a rule, begins at a Belgian diplomatic or consular representation abroad. Because the authorities for these three methods are different, an error in the authority can lead to the application not being processed directly. (dofi.ibz.be)

The third mistake is underestimating the municipal or actual address verification. With 9bis, the municipality conducts an actual residence check within ten days, and if the result is negative, they don't send the file to the Immigration Office at all. In the Belgian residence system, a registered address is not sufficient; it must be verified that the applicant actually lives at that address. (dofi.ibz.be)

The fourth mistake is neglecting the contribution fee and form requirements. In 9bis, if there is no payment document, the application is inadmissible. In 9ter, if the standard medical report is missing or not in accordance with the procedure, it will again cause problems at the admissibility stage. In humanitarian visas, consular files are also subject to technical review regarding contribution fees and form formatting. Although humanitarian files in Belgium may appear "conscientious," they are extremely formal in terms of procedure. (dofi.ibz.be)

The fifth mistake is the belief that an appeal against a refusal will automatically provide protection. Official texts state that while an appeal against a refusal is possible under both 9bis and 9ter, this appeal does not automatically create a suspension effect. Therefore, the post-refusal strategy must not only involve appealing but also evaluating the consequences of the decision and any exit obligations involved. (dofi.ibz.be)

9. Conclusion

In Belgium, residence applications based on humanitarian or exceptional grounds are too technical and multifaceted to be reduced to a single "compassion application" model. The 9bis visa is based on exceptional circumstances justifying an application from within the country. The 9ter visa is intended for cases where repatriation poses a significant risk due to serious illness and lack of access to treatment. The humanitarian visa is a separate avenue often used for applications from abroad that don't quite fit the classic long-stay categories but have a strong humanitarian basis. (dofi.ibz.be)

Therefore, the correct legal approach is not to first describe the “hardship,” but to identify the correct category of hardship under Belgian law. If it is not clarified from the outset to which authority the application should be made, which evidentiary regime should be applied, which thresholds for admissibility must be met, and what course of action should be taken in case of a possible refusal, even a strong humanitarian case can be weakened by procedural errors. In the Belgian system, success often depends more on the correct category and the correct evidentiary architecture than on the emotional weight of the argument. (dofi.ibz.be)