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Legal framework and basic principles
Under international law, individual countries - including Belgium ¿ enjoy a large measure of discretion in deciding the rules governing the entry and residence of foreign nationals.
The rights of foreign nationals to enter, reside in and settle in Belgium are governed by the Law of 15 December 1980 and the Royal Decree of 8 October 1981 on the entry, residence, settlement and expulsion of foreign nationals, and by numerous amendments to both the law and the Royal Decree.
Belgium's rules on the entry and residence of foreign nationals take account of its international commitments within the framework of Benelux, the Schengen Agreement, the European Union and the United Nations.
Access to Belgium with or without a visa
When submitting a visa application at an embassy or consulate, upon entry into Belgium or if subject to a check in Belgium, all foreign nationals (who are not EU citizens) wishing to come to Belgium (whether or not they require a visa) must, prior to entry to Belgium and any short stay in the country, meet the following conditions:
1. Be in possession of identity or travel documents (passport) that are recognised by Belgium and remain valid for at least three months subsequent to their planned period of stay in Belgium. The fact that the passport remains valid means that its holder can return to the country in which the passport was issued and gives the country being visited some guarantee that the foreign national will not be prevented from leaving its territory.
2. Be able to produce documents justifying the purpose and conditions of their planned stay. There may be various reasons for the trip: visiting family, friends or acquaintance, medical treatment, tourism, cultural, sporting or work-related activities. Visitors generally stay in a hotel or with private individuals.
3. Have adequate means of subsistence, both for the duration of the planned stay and for the return trip to their country of origin or transit to another country. Foreign nationals must provide evidence that they are able to bear the cost of their stay, any medical costs and the cost of the return journey, so that the Belgian authorities will not have to cover these costs should problems arise.
Examples of documents that can be used as proof that the individual concerned has sufficient means of subsistence are: cash, cheques and credit cards accepted in Belgium, an original copy of a pledge of financial support, a work contract, bank statements, proof of enrolment on the trade register and proof of professional activity.
Only the holders of diplomatic, official and service passports who are on an official mission, citizens of EU countries, Rhine boatmen, cross-border workers and refugee applicants are not required to prove that they have sufficient means of subsistence.
4. Not have been flagged for non-admission to Belgium (e.g. known criminals).
5. Not be considered a threat to public order, national security or the international relations of Belgium or the other Schengen countries.
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