His French is too good, Belgium doubts his study plans: Moroccan’s visa refusal annulled

The applicant had applied for a student visa to complete a preparatory year in French. His aim was then to pursue accounting studies in Belgium, a particularly popular destination at a time when Moroccans are among the main applicants for study visas in the country.

When examining his application, the authorities took an interest in his answers to the questionnaire as well as in his cover letter. One detail particularly caught their attention: the letter was written, in his own words, in “admirable” French.

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The Office also noted that the Moroccan’s answers demonstrated a fairly good command of the language, even though he specifically wished to come to Belgium to complete a preparatory year in French. It regarded this as grounds for doubt about the true purpose of his stay.

A reasoning deemed “enigmatic”

The Moroccan brought the case before the Council for Alien Law Litigation (CCE). In the judge’s view, the administration’s reasoning was problematic: it did not even make it possible to determine clearly whether the Office suspected that the applicant had had someone else write his letter or whether it simply considered that his level was already too good to justify a preparatory year.

In its ruling no. 321.049 of 31 January 2025, the CCE described this reasoning as “enigmatic”. Above all, it held that the Immigration Office had not provided sufficiently serious and objective evidence to establish that the Moroccan intended to use his visa for purposes other than his studies.

The paradox is all the more notable because Moroccan applicants already have to meet substantial financial requirements to study in the country. For 2026-2027, the cost of a year of study in Belgium can exceed 18,000 euros for some Moroccans, while a guarantor must now have a net monthly income of more than 3000 euros in certain cases.

The CCE recalled that inconsistencies in a study plan may allow the authorities to suspect an abuse of the procedure. They must nevertheless be sufficiently clear and assessed in light of the entire file. That was not the case here.

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The Council concluded that the obligation to provide reasons had been breached and annulled the refusal. The Moroccan does not automatically obtain his visa: the administration must reconsider his application. But his excellent French, used to cast doubt on his study plans, could not justify the refusal in the manner adopted by the Immigration Office.