Family reunification and the partner’s resources · Judgment 38/2026
Belgian Constitutional Court · 2 April 2026
Two people in legal cohabitation with Belgian partners were refused family residence. The authorities looked only at the resources of each Belgian sponsor. Income from the person seeking to join the household was left out at the outset. Both applicants challenged the refusals before the Council for Alien Law Litigation.
Why the source of the money mattered
The Constitutional Court held that a reading which automatically excluded the joining partner’s resources breached equality and the right to private and family life. It identified a lawful reading of the same provisions: the assessment could include the partner’s resources that were actually available to the Belgian sponsor.
What changed for the two couples
The referring court now had a constitutional answer to the reason given for the refusals. The administration could not treat the name on the payslip as decisive by itself. The Constitutional Court did not issue residence cards or declare that either couple had met the resources condition. Those questions still depended on the evidence.
What would show availability?
Proof of earnings and proof that those earnings are available to support the household answer different questions. Records of regular payments, shared expenses and the stability of income can help explain both. The judgment concerned the family-reunification provisions and partnership situations identified in the ruling.
Read Constitutional Court judgment 38/2026 · Read the court’s summary of the two families’ cases
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