I . Attempt of classification of regularization criteria
The criteria for regularization are as follows:
A. The economical criteria:
These criteria apply to people who stay in Belgium since March 31, 2007.
1. Promise to hire
Based on a promise to hire, a three months residence permit will be issued, during which time the beneficiary would actually begin to work. It is only by proving that the person actually works that the permit will be renewed for a duration of one year.
2. Acquisition of self-employed status
People who acquire the status of self-employed and those who can prove that they have acquired it in a period of six months will receive at the same time a work permit and a residence permit.
B. The criteria related to the duration of the asylum procedure and to the duration of the regularization request in force of former Article 9 paragraph 3 of the Law of 12/15/1980.
These criteria apply to persons who have applied for asylum and those who have submitted an application for regularization.
1. Asylum applicants (with children) whose procedure has lasted for three years.
2. Asylum applicants (without children) whose procedure has lasted for four years.
3. Asylum applicants (with children) whose remedy remains pending at the State Council since four years.
4. Asylum applicants (without children) whose remedy remains pending at the State Council since five years.
5. Persons (with children) who have submitted an application for regularization since 4 years.
6. Persons (without children) who have submitted an application for regularization since 5 years.
C. Criteria related to sustainable ties (sustainable local anchor).
These elements apply to persons who can prove their integration or their willingness to be integrated in Belgium.
Those concerned should prove one of the following:
- The school path and the integration of children;
- Knowledge of one of the national languages;
- Past work experience and willingness to work;
- Qualifications or skills suited to the job market;
- The prospect of being able to engage in any professional activity;
- The possibility of meeting their needs
II . Observations
These criteria remain vague. It is hoped that the ministerial bill will determine the exact terms. Some criteria overlap. They are not cumulative, but alternative.
The government's agreement to enter into the process of regularization, the concepts of security and public order. A notice will be required before the regularization to verify if the person which must profit from a residence permit is not a danger to security or public order. It is likely that this notice will be given by the public prosecutor's department. This is a new direction in the process of regularization.
The government promises to do a study to create an independent commission which will have the exclusive competence to rule on applications for regularization. The legal nature and duration of existence of this commission is still being determined.
The government has ruled out any possibility of collective regularization.
Jean-Claude NDJAKANYI
Lawyer at the Bar of Brussels.
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Chapter 10 of the LETERME government's agreement is devoted to immigration policy. It was hoped that this agreement would provide any new information on the regularization conditions and procedure for "illegal immigrants". Even if we acknowledge the existence of some positive elements, no significant progress has unfortunately been observed. Indeed, the only new found element is related to the so-called economic criteria. The other criteria are only adjustments of appreciation elements that were taken into account before the government's agreement. 
