What You Need to Know if You Are a Sex Worker Affected by Statelessness

What You Need to Know if You Are a Sex Worker Affected by Statelessness

The new law of 6 September 2024 concerns the procedure for applying to stay in Belgium if you are stateless, meaning you do not have a nationality recognized by any country. This law does not specifically address sex work, but it may apply to you if:

• You work in the sex industry (prostitution, escorting, window prostitution, brothel, etc.)
• You are stateless or believe you may be
• You wish to apply for a residence permit in Belgium due to your statelessness

What Changes for Stateless Sex Workers?

• Mandatory Written Procedure: If you apply to stay in Belgium because you are stateless, you must provide all relevant documents and information from the outset. Prepare your file carefully.
• Possible Personal Interview: The General Commissioner may invite you to an interview to better understand your situation. However, this is not automatic: a decision can also be made based on your file, without a hearing.
• Notice Period for Interview: You will be notified at least 8 days in advance (or 2 days if you are in a detention center or under a removal order). Use this time to prepare for your interview and, if needed, contact a lawyer.
• Assistance from a Lawyer or Trusted Person: You may be accompanied by a lawyer or a trusted person during the interview. It is your responsibility to inform your lawyer of the interview date.
• Interpreter: If you do not speak French or Dutch well, an interpreter can be provided. If this is not possible, you may bring your own interpreter.
• Interview with an Officer of the Same Gender: If you have been a victim of gender-based violence (such as sexual or sexist violence), you may request to be interviewed by someone of the same gender. Clearly explain your request and the reason for it.
• Absence from the Interview: If you cannot attend the interview, you must notify and justify your absence within 8 days (or 2 days if you are in a detention center). Otherwise, your application may be rejected.
• Request for Additional Information: The Commissioner may ask you for further information or documents. You must respond within 30 days, or your application may be closed.

Why Is This Important for Sex Workers?

• If you are stateless and work in the sex industry, this procedure may allow you to obtain legal residence in Belgium.
• Legal residence protects you from exploitation and makes it easier to access healthcare, social security, and justice in case of problems (violence, abuse, etc.).
• You have the right to be accompanied and to request safeguards for your safety and dignity during the procedure.

What You Need to Do

• Carefully prepare your file with all documents proving your statelessness.
• Seek advice from a specialized association or a lawyer, especially if you work in the sex industry.
• If you receive a summons, read it carefully and prepare for the interview. Inform your lawyer or a trusted person if you wish to be accompanied.
• If you need an interpreter or wish to be interviewed by someone of the same gender, notify the authorities as soon as possible.
• Respond promptly to any request for additional documents or information.

In Summary

This new law does not directly change the rules on sex work, but it may make it easier to regularize your stay if you are stateless. This can improve your safety and your rights on a daily basis. Do not hesitate to seek help from associations or a lawyer to support you in your procedures.