The Council of State set aside the retributions for residence permit applications
On September 11th the Council of State annulled the retribution fee that had to be paid for many long-term residence applications in two judgements (RvS nrs 245.403 and 245.404). Reason thereto is that the Belgian state failed to prove the reasonable cost ratio of the retribution fee.
The annulment is retroactive meaning that all retributions paid since March 3rd, 2015 can be retrieved from the Foreigners’ Office. Further, no retributions have to be paid anymore for future residence permit applications.
The Foreigners’ Office shares a different interpretation of the consequences of these two judgments. They claim the reimbursements are limited in time and can only be requested in two cases:
– If retribution has been paid between March 2nd 2015 and June 26th 2016, the Foreigners’ Office foresees entire reimbursement of EUR 215 and EUR 160 (main applicant and family members)
– If retribution has been paid after the raise between March 1st 2017 and January 2nd 2019, the Foreigners’ Office foresees partial reimbursement of the difference between the basic and the raised fee, namely EUR 135 and EUR 40 (main applicant and family members)
We are in contact with the authorities now to discuss the best way to proceed and to understand the exact amounts we can request back. We will keep you updated.
Should you have any questions, please contact:
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