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What is regularization on medical grounds?
Medical regularization is an application submitted by a seriously ill person whose removal to their country of origin would constitute a serious violation of human rights.
More specifically, residence may be authorised if:
- The illness endangers the life or physical integrity of the person
- There is a real risk of inhuman or degrading treatment
- No adequate treatment is available in the country of origin or residence
This procedure is based on Article 9ter of the Act of 15 December 1980.
Where and how to submit the application?
The application is submitted to the Immigration Office and must be solid, complete and medically substantiated.
It must include:
- A copy of a valid identity document
- A medical certificate compliant with the Royal Decree of 24 January 2011
- All useful medical documents to inform the Immigration Office of the severity of the condition
Good to know The medical certificate must be completed by an approved physician, using the official required form.
The human and legal stakes
The procedure is very rigorous. The Immigration Office assesses:
- The type of illness (chronic, degenerative, disabling, etc.)
- The availability of healthcare in the country of origin
- The humanitarian risk in the event of forced return
An incomplete or poorly argued application can result in a refusal, or even an order to leave the territory.
Need help obtaining a medical stay in Belgium?
Halabi & Associates is one of the few law firms in Belgium offering comprehensive strategic support for seriously ill foreign nationals.
We help you:
- Verify whether your situation meets the regularization criteria
- Gather all required medical evidence
- Prepare a solid, complete and procedure-compliant application
- Respond effectively to requests from the authorities
- Challenge a potential refusal before the Council for Alien Law Litigation
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