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You’re Queer, We’re Here

📅 When: 23 Oct 2026 (15h00 - 17h00)

📍 Where: After Registration

🎟️ The event is free.

📩 Planning to join us? Register through: sascha@merhaba.be or +32 493 37 87 78

You’re Queer, We’re Here: Solidarity Archive

This Archive is intended as general information and orientation, not as legal advice. Individual asylum cases depend on the person's circumstances and the applicable law at the time. For practical or legal decisions, we advise you to consult a qualified asylum lawyer or specialised organisation. The Belgian asylum framework is also changing. Since 12 June 2026, new EU asylum and migration rules have introduced changes, including mandatory recording of personal interviews, wider use of accelerated procedures, and revised rules on safe countries.

Last reviewed: October 2026

1. Understanding the Foundations 

Belgium's asylum system is formally called the international protection procedure. A person who fears persecution or serious harm in their country of origin can seek protection from Belgian authorities. This section provides a basic understanding of who asylum seekers are, what international protection means, and why queer people may face particular challenges during the asylum process.

1.1. Who is an asylum seeker?

An asylum seeker is a person who has asked a country for international protection and whose application has not yet received a final decision. In Belgium, the term applicant for international protection is used in official language. “Asylum seeker” remains widely used in everyday language. An asylum seeker is therefore not yet legally recognised as a refugee. They are a person whose claim is being examined. The Immigration Office (Office des étrangers / Dienst Vreemdelingenzaken) registers the application and determines, among other things, whether Belgium is responsible for examining it. The application is then examined by the Commissioner General for Refugees and Stateless Persons (CGRA / CGVS), an independent federal administration.

1.2. What is international protection?

International protection is the protection given by a state to a person who cannot safely return to their country of origin because they face persecution or serious harm. In Belgium, there are two principal forms of international protection:

  • Refugee status: A person can be recognised as a refugee when they have a well-founded fear of persecution because of one or more grounds. These grounds are: race, religion, nationality, political opinion, membership of a particular social group. For queer applicants, persecution connected to sexual orientation, gender identity or expression can fall within the international protection framework, including through the concept of membership of a particular social group.

  • Subsidiary protection: A person may receive subsidiary protection when they do not meet the criteria for refugee status but would face a real risk of serious harm if returned.

1.3. Queer asylum seekers

Queer (or officially, LGBTQIA+) people can seek asylum when they fear persecution or serious harm because of their sexual orientation and/or gender identity. A queer person does not need to have used an LGBTQIA+ label before leaving their country. People understand and describe themselves differently depending on their age, culture, language, family circumstances, religion, community and personal history. Someone may describe themselves using the terminology commonly and legally used in Belgium or another local or cultural identity. A person may also understand or disclose their identity only after leaving their country. Know that the concept “LGBTQIA+” is an umbrella term, not a universal description of how every person understands themselves. Whether particular experiences amount to persecution or serious harm is assessed individually. Belonging to a sexual or gender minority does not automatically result in recognition as a refugee. The situation in the country of origin and the individual's personal circumstances are crucial to the assessment.

2. The Asylum Procedure in Steps 

An asylum procedure is not simply an interview followed by a decision. It is a process with multiple stages, documents, deadlines, and institutions. The main institutions involved are the Immigration Office, Fedasil, Federal agency for the reception of asylum seekers, the Commissioner General for Refugees and Stateless Persons, and, when an appeal is necessary, the Council for Alien Law Litigation. The process below describes the main route. Not every applicant follows exactly the same path: specific procedures can apply to people arriving at the border, people whose application may fall under the European responsibility rules, people making a subsequent application, and certain applications considered inadmissible or subject to an accelerated procedure. Since 12 June 2026, Belgium has also been implementing changes, including changes to accelerated procedures, safe-country rules and the recording of personal interviews.

  1. Request for International Protection  

  2. Registration with the Immigration Office 

  3. Identity, Fingerprints & Medical Examination 

  4. Dublin / Responsibility Check

  5. Formal Lodging of the Application

  6. Reception & Accommodation through Fedasil

  7. Appointment of a Lawyer

  8. Transfer of the Case to the CGRS

  9. CGRS Examination

  10. Personal Interview at the CGRS

  11. Submission of Additional Evidence / Information

  12. CGRS Decision

- Refugee status

- Subsidiary protection

- Refusal

  1. Appeal to the Council for Alien Law Litigation (CALL/CCE/RvV)

  1. CALL Decision

- Protection granted

- Decision confirmed

- Decision annulled → case returned to CGRS

  1. Possible Cassation Appeal to the Council of State

  2. Final Outcome / End of the Asylum Procedure


Alternative Procedures

- Border Procedure

- Dublin Procedure

- Accelerated Procedure

- Inadmissibility Procedure

- Subsequent Application

3. Daily Life as Queer Migrant 

For asylum seekers and refugees in Belgium, the procedure can extend into a prolonged period of time. Everyone have rights concerning accommodation, healthcare, psychological support, legal and financial assistance, work, education, and transportation. These rights can depend on the person's procedural situation, residence documents, age, family situation and whether they are living in the reception system.

3.1. Accommodation

  • Inside the Reception System: Applicants for international protection generally have a right to material reception while their application is being examined. Fedasil is responsible for reception. After registration, Fedasil assesses whether the applicant is entitled to reception and, where appropriate, assigns a reception place according to availability and the person's situation. The initial reception centre is generally temporary before a person is assigned another reception location.

    For queer asylum seekers, reception can involve particular concerns around privacy, safety, dignity and discrimination. A person may be uncomfortable sharing a room or communal facilities with people who know or discover their sexual orientation or gender identity. A transgender person may additionally experience difficulties around their name, pronouns, gendered spaces, medication, privacy or access to appropriate healthcare. If you are experiencing serious problems, you should speak to your social worker or reception staff and, where necessary, seek help from a lawyer or specialised LGBTQIA+ organisation.

  • Outside the Reception System: It is possible to choose not to stay in an offered reception place, for example, if friends or relatives can accommodate an asylum seeker. In that situation, the person's access to other forms of reception support can change, although medical assistance remains available. In that case, an asylum seeker has the right to 280 euros of financial aid as of today.

3.2. Legal assistance

Every asylum seeker has the right to legal assistance from a lawyer. The lawyer can help the applicant understand the procedure, prepare for interviews, assess documents and evidence, communicate with the authorities and challenge a negative decision when needed. Those who cannot afford a lawyer may be eligible for legal aid. Legal assistance is particularly important when an applicant receives a negative decision, is involved in a Dublin or other special procedure, has a complex personal situation, or is approaching an important procedural deadline.

For queer asylum seekers, it can be particularly useful to have a lawyer familiar with SOGIESC-related asylum claims. The lawyer should understand that sexuality and gender identity can be difficult to discuss and that an applicant's circumstances may involve trauma, concealment, cultural differences, family pressure or fear of disclosure. An asylum seeker does not need to face the asylum procedure alone. The CGRS confirms that applicants are entitled to legal assistance and that a trusted person may also be able to accompany them during the personal interview under the applicable rules.

3.3. Financial assistance

Applicants living in the reception system generally receive material assistance rather than ordinary welfare payments. Reception can include accommodation, food, clothing or other material support, social guidance and healthcare. The precise financial situation of an applicant depends on whether they are living in reception, working, living independently or have another legal status.

3.4. Healthcare

Asylum seekers have access to medical care during the asylum procedure. For people living in a reception centre, the centre's medical service is normally the first point of contact. Medical expenses covered through the reception system are handled according to the applicable rules. Applicants can request access to their medical records.

People who are not living in a reception centre can access healthcare through the arrangements applicable to their situation. Fedasil explains that people outside reception can consult a general practitioner and receive medical care.

3.5. Psychological support

The asylum process can be psychologically demanding. Queer asylum seekers may be dealing simultaneously with persecution, displacement, family separation, uncertainty, financial dependence, isolation and a long period of waiting. Some people may also have experienced torture, sexual violence, war, imprisonment, trafficking, homelessness or other traumatic events. Applicants can seek psychological support through reception services or outside the reception center. Finding a queer-affirming psychologist or therapist can be particularly important. Someone should not have to repeatedly justify their sexuality or gender identity to receive psychological care. A psychologist can document or treat psychological difficulties, but does not determine whether someone qualifies for international protection.

3.6. Work

An asylum seeker can acquire the right to work 4 months after formally lodging their application if the CGRS has not yet notified them of a decision. People who have been recognised as refugees or granted subsidiary protection have access to the Belgian labour market as well. Working while living in reception can have consequences for the reception arrangement. Before beginning employment, an applicant should verify that they actually have the right to work and understand the applicable conditions. For queer asylum seekers, employment can also be an important source of independence, social connection and community integration, but discrimination based on sexuality, gender identity, race, nationality or migration status can create additional barriers.