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Immigration lawyer

Liesbeth Monden (she/her)

(NL - EN - FR - ES)

Immigration law is a specialist matter. Immigration lawyer Liesbeth Monden (K.U.L. 1989) is well-versed in that matter. She gained her experience in a Brussels context (DGV law firm in Schaarbeek) and prior to that spent years as assistant advisor to the Commissioner General for Refugees and Stateless Persons. She also taught immigration law at the Brussels school for trainee lawyers.

With expert and dedicated guidance refusals can be prevented. It also helps to have an expert take a broader look at the issues around your stay – there may be alternative solutions and possibilities. Obtaining a favourable outcome in immigration law is, as you will see, is a matter of expert knowledge and experience. Optimism too. 

Advocaat vreemdelingenrecht Liesbeth Monden

Elmiera Dareshoeri

Elmiera is my valued colleague who specializes in cases involving asylum seekers and refugees, including minor refugees. Due to her extensive experience, her assistance can make a significant difference in asylum cases. Mrs. Dareshoeri speaks Farsi and Dari, which is a great help for Afghan asylum seekers.

In addition, Mrs. Dareshoeri is a strong advocate in court with solid case knowledge. She graduated with a master’s degree in international and European law in September 2020 from VUB University.

With what can I help you?

#1

Immigrating to Belgium : Guidance


Are you considering immigrating to Belgium?

Mrs.Monden is here to guide you through the often complex immigration process. Belgium offers several pathways for immigration, depending on your personal situation and plans.
Below, we outline the main routes to help
you understand your options:

Employment Immigration
Belgium has a high demand for skilled and high skilled workers. If you have a bachelor degree in your home country and find an employer in Belgium willing to hire you, you can often immigrate with a work permit.
If you are a skilled worker , your chances are particularly high if you can fill a shortage occupation ( a job for which insufficient manpower can be found in Belgium).
 
Entrepreneurship

If you are looking to start a business in Belgium, you can try to immigrate by obtaining a professional card.

Family Reunification and Love Immigration
Another option is to immigrate through family reunification or a love relationship. For love immigration, the relationship must be genuine and stable.

For family reunification with a EU-citizen, European directives apply.

Read more

Studying in Belgium

As a student, you can obtain residency in Belgium. After earning your degree, you may receive a one-year job search permit, potentially leading to permanent residency and eventually Belgian citizenship.

Rentier or retirement visa

For financial independent individuals there is the possibility of applying for a retirement visa.

Immigration from United Kingdom

Since Brexit, immigration to Europe has become more complex for British nationals. Ms. Monden specializes in handling cases for those seeking to move from the UK to settle in Belgium.

Considering Immigration from the United States
Given the challenging situation currently faced by some individuals and groups in the United States — and the resulting desire to relocate to Europe — Liesbeth Monden can assist by evaluating whether immigration to Belgium is a realistic option for you and your family. She will consider your specific profile to determine the most suitable legal basis for your immigration pathway.

Our Process

1. Assessing Your Situation
Every situation is unique. We first assess your specific circumstances, educational background, and financial capabilities to provide you with realistic advice.
2. Providing Advice and Guidance
Based on our assessment, we offer tailored advice and guide you through the immigration process. We will honestly inform you of the steps to take and the likelihood of success. 
#2

Belgian Nationality

What are the legal requirements for obtaining Belgian nationality? What are the documents to be submitted? How do you put your case? As an immigration lawyer I can offer you sound advice in this.

Did you initiate the procedure yourself with a declaration of nationality, but were turned down by the Prosecutor’s Office? I can assess your chances on appeal and bring your case before the Court of First Instance.

If you have had a criminal conviction in the past it may be necessary to begin a restoration of honour and rights procedure before making a new application for nationality. I can help you with this too.

 

Foto van werkende kinderen, door Vreemdelingen-/immigratieadvocaat Liesbeth Monden.
Verschillende kruiden in houten emmers, in Marokko.
#3

Residence Permit

There are many different ways to obtain residence in Belgium:

    • Asylum claim – request for international protection – subsidiary protection
    • Medical regularisation
    • Family reunification from abroad (visa C, visa D)
    • Family reunification in Belgium (after marriage or legal cohabitation)
    • Humanitarian regularisation
    • Union citizens
    • Student visa
    • Working visa – combined permit for highly qualified occupations or shortage occupations – single permit – European blue card
    • Professional card
    • Stateless persons
    • B card, F card, F+ card, L card, A card, registration certificate or orange card – Annex 15, Annex 35, Annex 19 ter.

An immigration lawyer can help you with this.

Read more

  • Asylum claim – request for international protection

If you have a well-founded fear of persecution in your country of origin for reasons of race, religion, nationality, political opinion or membership of a particular social group, you are eligible for refugee status. I will assist you in handling your asylum application at the Office of the Commissioner General for Refugees and Stateless Persons. If you are refused I will appeal to the Council for Alien Law Litigation and plead your case there.

Here too, a good immigration lawyer can make all the difference. It is vital that you put your case together well, gather as much evidence as possible and notify the competent authorities of the most recent human rights situation in your region of origin. I have spent years as an official for the Commissioner General for Refugees and Stateless Persons (for the regions of South East Turkey, Middle East and Africa), and I know the subject matter through and through.   

  • Medical regularisation

If you have a serious medical problem you can, in some circumstances, apply for a residence permit. I can help you submit a request for medical regularization (Article 9 of the Alien Act).

If you are refused I can assess your chances of appeal before the Council for Immigration Disputes and plead your case there. 

  • Family reunification

Family reunification is a complex matter. In principle, family reunification is possible for your partner (through marriage or legal cohabitation) and your dependent children

However, there are exceptions, conditions and possibilities which you may not have considered. I will guide you through the maze of rules, cross-cutting practices and administrative pitfalls.   

If you are staying in Belgium illegally and you have a genuine love relationship with a Belgian or EU citizen, it is important that you have this love relationship recognised through marriage or legal cohabitation. 

In these cases the authorities may doubt the sincerity of your relationship and begin an investigation to establish whether the marriage or legal cohabitation is a sham. If you are on solid ground, the investigation should turn out well, but it makes sense to have a little extra support. 

If the authorities refuse to acknowledge your marriage or legal cohabitation I can lodge an appeal for you with the competent family court and plead your case there.

  • Foreign partner – child – visa C, D.

If you have a foreign partner, I can investigate with you the possibility of having your partner come to Belgium on a C or D visa.

If you are Belgian and have a child to a foreign partner with whom you are in a love relationship, your child may in some circumstances qualify for Belgian nationality. I will explain how you can go about this.   

Finally, some types of family reunification are governed by strict income conditions. There is a lot of recent case law (Council for Immigration Disputes and Council of State), which may be of relevance here. 

  • B card, F card, F+ card, L card, A card, registration certificate or orange card  – Annex 15, Annex 35,  Annex 19 ter.

These are examples of residence documents.

What are your rights, what are your options and what are the differences? How can you obtain permanent residence (a precondition for applying for Belgian nationality)? Are there ways to accelerate the process?

If you would like me to, I will look at your individual situation and explain how to go about consolidating your stay in Belgium.

  • Humanitarian regularisation

A procedure based on Article 9 bis of the Alien Act may offer a way out of illegality, enabling you get your life back on track. I will help you build a case that gives you the best chance of success.

  • Union citizens

Union citizens are entitled to stay in Belgium as an EU job seeker, EU student or EU employee. I will help you with the complexity of problems relating to residence status post-Brexit.

  • Working visa

I can also help you with your application for a working visa (the so-called “single permit”).

Economic immigration is a current issue in immigration law. Recently this area, which is a regional competency, has become more open to possibility. If, as an immigrant, you can fill a shortage occupation or hold a high-level qualification (bachelor-degree level), you have a real chance of employment and residence.      

Here too, it is vital that you present the strongest possible case. Read more here

  • Professional card

As a third-country national (non-EU citizen) you must apply for a professional card + visa to develop an independent activity in Flanders. This is not possible without a business plan and market analysis.

Investment readiness and job creation are important issues and you will need to demonstrate the added economic or cultural value that you will bring to the Flanders region. 

Read more here

  • Stateless persons

Under immigration law, stateless persons do not have an automatic right of residence in Belgium. This is a loophole in the immigration law, I will put your case together for you and initiate proceedings with the Court of First Instance.

  • Withdrawal of residency – right to a hearing

In the majority of cases the administration cannot withdraw your residency without giving you the right to a hearing.

What documents should you produce, and how can you convince the administration of your case and retain your residency? How can you appeal if your right to residency is withdrawn nonetheless? In these cases it is important to take the right steps in good time.

  • Birth certificate

In some procedures it is essential that you produce a birth certificate (to marry or apply for Belgian nationality).

If you cannot produce a birth certificate you will need to apply to the competent family court for a replacement document. I can help you with this.

#4

Appeal against Refusal to acknowledge a Marriage or Legal Cohabitation

If you are in a genuine love relationship and the authorities have refused to acknowledge your marriage or legal cohabitation, you can lodge an appeal with the competent family court.

I will help you through this grueling procedure. In many cases it is essential that you press your case. Having a robust defence and gathering the right evidence can prove decisive.

Bruid in Oman, geholpen door Vreemdelingen-/immigratieadvocaat Liesbeth Monden.
Foto van berg suiker in Marokko.
#5

Cancellation Appeal before the Council for Immigration Disputes (RVV)

If the administration reaches a decision without due care, or without good reason, this decision can be challenged before the Council for Immigration Disputes. 

At times this may be useful or necessary. But not always. I will study your case. Other procedures may be available that offer quicker and more lasting results.

It is vital that you think strategically about your options in this matter.

#6

Order to Leave the Territory, Detention and Imminent Repatriation


There are times when it is necessary to apply to the courts for a suspension by way of Extreme Necessity. 

This is because the administration cannot proceed with a deportation without first carrying out a fundamental human rights impact assessment. 

Herenigd gezin op het strand in Oman, dankzij vreemdelingen-/immigratieadvocaat Liesbeth Monden.
Foto van een Afrikaanse markt van fotograaf Sebastiaan Schols
#7

International Private Law – Litigation

Sometimes, cases are brought before the Belgian family court even when the parties involved are not Belgian nationals. Individuals moving across national borders often face challenges that require private international law to determine the appropriate jurisdiction, applicable law, and enforcement of foreign judgments.

We can assist you in these proceedings, including the recognition of foreign marriage or birth certificates. Additionally, we offer support in cases involving the establishment or contestation of paternity or maternity.

Why do people choose me as their immigration lawyer?

Experienced, engaged and supportive, with positive results and honest fees

Transparent fees

It is my goal as an immigration lawyer to help people. Trust is a vital part of this, and trust is based on open and honest fees. An initial consultation costs €65 for an in-person meeting at the office, and €90 for a Zoom call (including 21% VAT). In the initial consultation I will explain how my fees are charged.

There when you need me

I do my utmost to be there for my clients. Would you like to know more about how I work? Please don't hesitate to get in touch at liesbeth.monden@hermesadvocaten.be.

If you want to make an appointment, it is best to call on Thursday between 9-17h. My colleague will then pick up the phone and make an appointment for you. I only have a mobile number: +32 472/20.69.93.

It is also possible to have an online consultation with Zoom (85 euro, incl. VAT 21%). You can email me with this question.

Immigration lawyer with clear arrangements

Mutual trust is based on clear arrangements. It is the only way to develop good relations.

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