Belgium has brought changes to work visa law. Now, most applicants will be having more justified decisions on the work visa applications as the immigration office and competent regions will now be in charge of releasing the work permit instead of the embassy or consulate in the country of the applicant.
From 03/01/2019, a third-country national wishing to work in Belgium for more than 90 days will apply to the competent region, through his employer, for a single application for a work permit and a request for authorization to work. ‘residence permit. The concrete changes are:
- Work permit A is replaced by a work permit of unlimited duration .
- For occupancy of more than three months, the occupation permit and work permit B are replaced by a work permit of limited duration , except for a few specific situations for which the old procedure for authorization of work occupation and work permit B applies.
- Work permit C is abolished. The beneficiary will obtain the note relating to the work when he obtains his residence permit from the municipality of his residence.
If the work permit and residence permit are granted respectively by the Region and the Aliens Office, the third-country national will receive a single document stating that he/she is authorized to stay for more than 90 days in Belgium. to work there (single permit).
All residence permits issued by Belgium from 03/01/2019 will be marked with access to the labor market. There are three mentions:
- Labor market: limited
- Labor market: no
- Labor market: unlimited
Who will handle and process the work visa applications?
The Aliens Office (immigration office) and the Regions deal with applications jointly, with each authority responsible for matters falling within its remit.
The Aliens Office processes applications for residence permits whereas
Regions process work permit applications.
Exclusions
The changes are not for the following categories:
The following third-country nationals remain subject to the regulations on the occupation of foreign workers (work permit B or exemption):
- those who go to Belgium to work less than 90 days;
- au pairs;
- researchers with a hosting agreement;
- highly skilled workers (European Blue Card);
- workers who are the subject of an intra-corporate transfer (Directive 2014/66 / EU of 15/05/2014);
- seasonal workers;
- trainees, when the competent Region is the Flemish Region.
The terms and conditions for submitting the work permit application are set by the Regions and explained on their sites.
The conditions and conditions for lodging an application for a residence permit are laid down by the Federal State. They are explained on this site.
Required documents for work permit application
The single application must contain the documents provided for by the regulations governing the occupation of foreign workers and the documents provided for by the regulations on access to the territory, residence, establishment, and removal of foreigners.
When examining a residence permit application, the third-country national must produce the following information and documents:
- a copy of his valid passport or travel document;
- proof that he has sufficient means of subsistence, the duration of his employment as a worker and, where applicable, the VAT number of the employer;
- proof of payment of the fee (350 €);
- an extract from a criminal record or an equivalent document, provided that the third-country national is over 18 years of age;
- a medical certificate ;
- proof that the third country national has a health insurance covering all risks in Belgium for himself and members of his family.
Additional information and documents may be requested by the Aliens Office under examination. You can read complete work visa changes and procedures on how to apply in the middle of the page.
Jobs overview in Belgium
In Belgium, there are three official languages spoken; Dutch, French, and German. So the main jobs are always available in these three languages. For example, if you want to work in ‘Flanders’, the jobs are available mostly in the Dutch language as the province is of Dutch-speaking people. If your choice is the capital ‘Brussels’, there are possibilities to find a job in French, Dutch, German and also in the English language. On the other hand if ‘Walloon’ is your choice then most of the jobs are only in French languages.
Where to find jobs from?
Applying for jobs as a third-country national in Belgium is not that easy, but if you are qualified enough in majorly required fields, such as IT, Management, Nursing, and other science subjects, English-speaking jobs can be an option especially in Brussels. There are two proper portals for finding jobs in Belgium:
i-Government organizations
- ACTIRIS, responsible for the Brussels-Capital Region, official language: Dutch and French (English language jobs availability)
- Le FOREM, responsible for the Walloon Region, official language: French
- ADG, responsible for the German Community, official language: German
- VDAB is the public employment service of Flanders. Official language is Dutch.
ii-Private companies
Alongside the public, there are many private companies that can help you find a job in Belgium. These companies are as under:
How to find accommodation?
Finding accommodation is never that easy in beginning in Belgium. However following companies can help you doing so:
Qualification Recognition
Some of you may have a type of vocational and professional qualification and there might be a need by the employer to have it recognized by Belgium’s relevant authority to make the process easy for eligibility. For this purpose, you can read all information on the website of Vlaanderen (click to open).
Detailed overview of the new visa rules changes
Introduction of the single application
The application for a work permit is equivalent to an application for a residence permit.
The third-country national makes this request, through his employer, to the competent region. Article 7 of the Cooperation Agreement of 02/02/2018 sets out the determination of the Region competent to receive and process the application for a work permit.
The terms and conditions for submitting the application are determined by the competent region and explained on its website.
Third-country nationals who are authorized to stay in Belgium for a period not exceeding 90 days, or for a period of more than 90 days, may lodge an application during their stay.
Admissibility of the application
The Region confirms receipt of the request and checks whether the file is complete.
If the file is not complete, the Region gives the third-country national 15 days to complete it. If the interested party does not complete his file within this period, the Region declares the application inadmissible.
If the file is complete when the application is submitted, or if it is completed within 15 days, the Region declares the application admissible.
Time to review the application
The date on which the Region declares the request admissible is the starting point of a double deadline.
A first 15 days deadline is which the Region must send a copy of the file to the Aliens Office.
The second period of 4 months in which the Region (if it has not made its decision within the first deadline) and the Aliens Office must make a decision on the application. This second period may be extended by the Region, or by the Office, in exceptional circumstances related to the complexity of the application.
Decision
The Aliens Office and the Region deal with the request jointly and make a decision on the matter that concerns them.
The annexes mentioned in this text are the annexes to the Royal Decree of 08/10/1981 on access to the territory, residence, establishment, and removal of foreigners.
Several scenarios are possible:
1) The Region makes its decision within the first 15 days
If the Region refuses the work permit, it notifies the third-country national of its decision and informs the employer and the Office.
If the Region grants the work permit, it sends its decision and the file to the Office, before the deadline.
If the Office also grants the residence permit, both decisions are incorporated into a single administrative action in accordance with Annex 46. The decision to grant a single permit and the decisions to authorize residence and work are notified to the third-country national by the Office, who informs the employer.
The Office sends a copy of Annex 46 to the municipal administration, or to the Belgian diplomatic and consular post, indicated in the application.
If the Office refuses the residence permit, it notifies the third-country national of its decision with a document in accordance with Annex 48. It informs the employer and the Region.
2) The Region does not make its decision within the first 15 days
After the first 15-day period, the Region and the Office are both in possession of the complete file and are proceeding in parallel with the processing of the application.
The Region and the Office must take their decision within four months of the date on which the Region declared the application admissible. This period can be extended.
i. The Region is the first to make a decision
If the Region refuses the work permit, it notifies the third-country national of its decision and notifies the employer and the Office.
If the Region grants the work permit, it transmits its decision to the Office.
If the Office also grants the residence permit, both decisions are incorporated into a single administrative act in accordance with Annex 46. The decision to grant a single permit and the decisions to authorize residence and work are notified to the third-country national by the Office, who informs the employer.
The Office sends a copy of Annex 46 to the municipal administration, or to the Belgian diplomatic and consular post, indicated in the application.
If the Office refuses the residence permit, it notifies the third-country national of its decision with a document in accordance with Annex 48. It informs the employer and the Region.
ii. The Office is the first to make a decision
If the Office refuses the residence permit, it informs the Region before notifying its decision to the third-country national (Annex 48) and informing the employer.
If the Office grants the residence permit, it transmits its decision to the Region.
If the Region also grants the work permit, it sends its decision to the Office. Both decisions are incorporated in a single administrative act in accordance with Annex 46. The decision to grant a single permit and the decisions to authorize residence and work are notified to the third-country national by the Office, who informs the employer.
The Office sends a copy of Annex 46 to the municipal administration, or to the Belgian diplomatic and consular post, indicated in the application.
If the Region refuses the work permit, it notifies the third-country national and the employer of its decision and informs the Office.
3) No negative decision is taken before the expiry of the period of 4 months, possibly extended
If the Region and the Office do not take any negative decision within the period of 4 months, possibly extended, the residence permit and the work permit are deemed to be given.
The Office shall inform the third-country national with a document in accordance with Annex 47 and the employer.
The Office sends a copy of Annex 47 to the municipal administration, or to the Belgian diplomatic and consular post, indicated in the application.
A single residence permit to a third-country national who is abroad
1) Visa D
The Aliens Office sends a copy of the decision to grant a single permit (Annex 46), or the certificate of the granting of the single permit (Annex 47) to the Belgian diplomatic or consular post of the place of a residence filled in in the single application.
The post shall issue a D visa without delay to the third-country national, after having taken his fingerprints and a digital photograph, and on presentation of a valid passport and of Annex 46 or 47 notified by the Office. The document submitted by the third-country national must correspond in every respect to the copy of the decision sent by the Office to the post.
The national mention B34 (Single license / Gecombineerde vergunning) is affixed to the visa.
Third-country nationals who do not require a visa for a stay of up to 90 days are not obliged to apply for a D visa.
2) Issuance of the single permit
The third-country national must apply for registration in the aliens’ register of his place of residence and the issue of a single permit within 8 working days of his entry into Belgium. He presents his passport, Annex 46 or 47, as well as the two documents sent by the Aliens Office together with the annex (decision of work authorization or work certificate, and decision of authorization of stay or attestation of work stay).
Pending the residence check and the issuing of the single permit, the municipal administration immediately gives the third-country national a document certifying that he has presented himself (Annex 49). This document temporarily covers the person’s stay for 45 days, and can be extended twice, for the same duration (2 X 45 days).
If the result of the residence survey is positive, the municipal administration issues a single document authorizing the third-country national to work and stay for more than 90 days in Belgium (single permit). This document takes the form of an A card, with a reference to access to the labor market.
3) Family members
Third-country nationals who are allowed to stay in Belgium for a limited period of time may be accompanied or joined by their spouse, partner and children, provided that they meet the conditions for family reunification.
When the family unit is already established when a single permit is granted, family members can apply for their visa at the same time as the third-country national.
If they are exempt from a visa for a stay of up to 90 days, family members can also apply in Belgium.
The conditions and conditions for submitting an application for a visa or a stay for a family reunion are explained on this site.
A single residence permit to a third-country national who is in Belgium
The Aliens Office sends the decision granting a single permit (Annex 46), or the certificate of the granting of the single permit (Annex 47), to the third-country national, and a copy to the municipal administration. the place of residence indicated in the single application.
The third-country national must apply for registration in the Aliens Register and issue a single permit within 8 working days of receipt of Annex 46 or 47.
He presents his passport, Annex 46 or 47, as well as the two documents sent by the Office together with the annex (decision of work authorization or work certificate, and decision of authorization of stay or certificate of stay) .
The document submitted by the third-country national must correspond in every respect to the copy of the decision sent by the Office to the post.
Pending the residence check and the issuing of the single permit, the municipal administration immediately gives the third-country national a document certifying that he has presented himself (Annex 49). This document temporarily covers the person’s stay for 45 days and can be extended twice, for the same duration (2 X 45 days).
If the third-country national is in possession of a document or residence permit, he shall return it at the time of issue of Annex 49.
If the result of the residence survey is positive, the municipal administration issues a single document authorizing the third-country national to work and stay for more than 90 days in Belgium (single permit). This document takes the form of an A card, with a reference to access to the labor market.
Renewal of the single residence permit
Several scenarios are possible:
1) Residence and work permits are granted for a limited period
The third-country national must apply for the renewal of the given work permit for a limited period of time to the competent region, through his / her employer, no later than two months before the expiry of the single permit (card A). This request is equivalent to a request for renewal of the residence permit.
If the Region and the Office have not taken a decision before the expiry of the single permit, the municipal administration shall give the third-country national a document certifying that he has presented himself (Annex 49), provided that It presents a document issued by the Region attesting the admissibility and completeness of its renewal application.
This document temporarily covers the person’s stay for 30 days, and can be extended twice, for the same duration (2 X 30 days). However, it does not allow the person to work. (“Labor market: no”)
2) The residence permit is granted for a limited period and the work permit is granted for an unlimited period
The residence permit granted by the Aliens Office remains limited for 5 years. Therefore, when the Region grants a work permit for an unlimited period within this 5-year period, the third-country national must only apply for renewal of the residence permit.
The renewal of the residence permit is requested from the municipal administration of the place of residence, at the latest two months before the expiry date of the single permit.
The administration shall issue a document certifying the lodging of the application and provisionally covering the stay (Annex 50), provided that the third-country national submits the following information and documents:
- a copy of his valid passport or travel document;
- proof that he has sufficient means of subsistence, the duration of his employment as a worker and, where applicable, the VAT number of his employer;
- proof that he has health insurance covering all the risks in Belgium for himself and the members of his family;
- the Region’s decision to work for an unlimited period.
The validity period of Annex 50 is 30 days and can be extended twice for the same duration (2 X 30 days).
The municipal administration sends the application and the documents to the Office, which takes its decision within a period of 4 months, possibly extended.
If the third-country national does not submit the information and documents, the municipal administration does not take the renewal application into account and notifies its decision by means of annex 41. It sends a copy to the Office.
When the Office renews the residence permit for a limited or unlimited period, it sends its decision to the municipal administration, which notifies it to the third-country national (Annex 46). The administration gives the person concerned a single permit of limited duration (A card) or unlimited (card B), as the case may be, with a reference to access to the labor market (unlimited).
When the Office has not taken a negative decision within the period of 4 months, possibly extended, it sends its decision to the municipal administration, which notifies the third-country national (Annex 47). The administration gives the person concerned a single permit of limited duration (A card) or unlimited (card B), as the case may be, with a reference to access to the labor market (unlimited).
When the Office refuses to renew the residence permit, it shall notify the third-country national of its decision with a document in accordance with Annex 48.
Residence permit granted for an unlimited period (PR)
The residence permit is granted for a limited period of 5 years. At the end of this 5-year period, the residence authorization shall be renewed for an unlimited period provided that the third-country national:
- is not in one of the cases mentioned in article 3, 5 ° to 10 ° of the law;
- is not a burden for the Belgian welfare system;
- does not stay for purposes other than those for which he has been authorized to stay.
A third-country national authorized to stay for an unlimited period receives a B card, with a reference to access to the labor market.
The single permit attesting that the third-country national is authorized to stay for an unlimited period is renewed for a further 5 years by the municipal administration of the place of residence.
End of a residence permit granted for a limited period
The Aliens Office may terminate the stay of the third-country national for the following reasons:
- it is in one of the cases mentioned in article 3, 5 ° to 10 ° of the law;
- it is a burden for the Belgian welfare system;
- he stays for purposes other than those for which he was allowed to stay.
This decision shall be notified by the Office together with a document in accordance with Annex 52.
When the Office terminates the stay, the work permit expires as of right. Indeed, the work permit is valid only if the residence permit is given.
End of a work permit granted for a limited period
If the Region terminates the work permit, the residence permit expires automatically 90 days after the end of the work permit, unless the Office decides to terminate it before. Indeed, the residence permit is valid only if a work permit is given.
If the single permit expires during the 90-day period, the municipal administration gives the third-country national a temporary residence document in accordance with Annex 51. This document does not give access to the labor market.
Family members receive the same document, with the same validity period.