Living in Belgium without papers can be a source of worry and uncertainty. At Oasis, we support many undocumented people and have real experience in this area. You are all very welcome to contact us and ask for support.
This page, like our personalised support services, is intended to help you understand your fundamental rights as well as the legal options that may exist to try to regularise your situation. We will look at questions of safety, the future and access to essential services that may be provided by different public services.
What Does “Undocumented” Mean?
You are considered undocumented if you:
Have no valid residence permit,
Entered Belgium without permission,
Stayed after your visa expired, or
Had a previous application (asylum or residence) refused.
Even without legal papers, you still have rights.
Your Rights as an Undocumented Person
The right to urgent and essential medical care
You can receive urgent medical care through the Urgent Medical Aid system. This may include medical treatment, pregnancy follow-up and maternity care, mental health support, and medication when it is medically necessary.
Hospitals, doctors or social services can help you apply for Urgent Medical Aid. Urgent care cannot be refused to you. The Oasis team can also support you through this process.
The right for children to go to school
In Belgium, all children have the right to attend school, whether they have residence papers or not. Schools cannot refuse a child because of their residence status.
The right to protection
You have the right to be protected from violence, exploitation or abuse, to file a complaint with the police, and to seek help from victim support services.
If you are a victim of human trafficking, labour exploitation or serious domestic abuse, you may be entitled to specific protection and temporary residence. Specialised centres such as Pag-Asa, Payoke and Sürya can support you confidentially.
The Oasis team can also advise you and help direct you to the right services.
The right to legal aid
Depending on your income, you may be able to receive free or low-cost legal aid. A lawyer can explain your options, help you prepare applications, support you during interviews or before a court, and help ensure your rights are respected.
At Oasis, we also offer a legal drop-in service where a lawyer can give you advice, whatever your administrative status.
The right to emergency social assistance
Public Centres for Social Welfare, CPAS/OCMW, can provide support in emergency situations. This may include emergency shelter or housing, essential food assistance, help accessing healthcare, or support for children in vulnerable situations.
In Brussels, emergency accommodation is mainly organised through the SAMU social. You will not be arrested simply because you go to a CPAS/OCMW to ask for help. The Oasis team can also support you in making an appointment with the CPAS/OCMW in your municipality.
Even if you do not have a valid residence permit, Belgian law protects your fundamental rights. You are still entitled to the following:
Possible Options to Regularise Your Situation
Every person’s path is different, but several legal options may allow you to obtain residence in Belgium. It is important to seek advice from a trusted lawyer or organisation before applying.
Here are the main possibilities:
Applying for Humanitarian Regularisation (9bis)
If returning to your home country is impossible or dangerous for personal, medical, social, or humanitarian reasons, you may request regularisation from the Immigration Office. You must show:
- Strong ties to Belgium
- Humanitarian reasons why you cannot leave
- Evidence of your situation (e.g., work integration, language learning, volunteering, community ties, medical needs)
This process is complex and usually requires legal support. It typically takes around one year.
Applying for Medical Regularisation (9ter)
If you have a serious medical condition that cannot be treated in your home country, you may apply for residence on medical grounds. You must provide medical reports showing:
- Your illness
- Treatment needed
- Lack of access to equivalent care in your country of origin
A lawyer or doctor can help prepare your file.
Marriage or Legal Cohabitation
If you are in a relationship with a Belgian resident or citizen, you may be able to apply for residency through:
- Marriage
- Legal Cohabitation
The authorities will, however, check that your relationship is real and genuine. You will also need to meet certain administrative requirements. As some communes ask for proof of identity, professional support may be helpful. At Oasis, we advise approaching this option with caution and only starting this process if you are in a genuine relationship with someone you trust.
Asylum (If You Fear Persecution)
If you have not yet applied for asylum, and returning to your home country puts you at risk of persecution, war, torture, or serious harm, you may apply for protection through the asylum system. You can do this at the Immigration Office. You will find more informations about this option in our dedicated page about Asylum Seeking.
Victim of Human Trafficking or Labour Exploitation
If you are being exploited, threatened, or controlled, you may qualify for special residence permits available to victims of:
- Human trafficking
- Severe labour exploitation
- Forced prostitution
- Domestic servitude
Centres such as Pag-Asa can guide you through this confidentially and safely. To see more details about this process, check our dedicated page about Human traffickng.
You Will Not Be Arrested for Seeking Advice
You can safely contact :
NGOs
Shelters
Medical services
Schools
Social workers
Lawyers
These services do not share your information with immigration authorities without your permission.
Where to Get Help
Many organisations in Belgium offer confidential, free, or low-cost support for undocumented people including Oasis. We can help you understand your rights, access healthcare, and explore options for regularisation.