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You are here: Home Moving to Getting Started Expert tips: Belgian immigration rules

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01/11/2009Expert tips: Belgian immigration rules

Expert tips: Belgian immigration rules Expatica immigration expert Matthias Lommer offers five tips on how to negotiate the complex Belgian system.

  • Work permits
Belgian work permits are generally issued for a specific job for only one employer. When changing jobs, a new work permit will need to be applied for.
The work permit type B, for highly qualified employees or executives, needs to be applied for by the employer or the mandatory of the employer (law firm) and is valid for a (renewable) period of one year. The individual employee can in most cases not apply for the work permit him/herself.

  • Professional cards
Work permits do not suit all kind of professional activities in Belgium. When executing a self-employed activity, e.g. as a director of a Belgian-based company or as a consultant, a professional card will be required. This professional card is the work permit for self-employed persons. The professional card needs to be applied for by the self-employed person himself with the Belgian consular authorities abroad. It is generally issued for a renewable period of 2 years.
Situations exist whereby an expat would need both a work permit and a professional card.

  • Visa & Residency
A common misunderstanding is that the work permit is the only migration document one needs in order to come over to Belgium. This is not correct. In order to obtain a legal residence in Belgium, one needs:
- A work permit (or professional card);
- A residence visa (exemption from this obligation exist) to be applied for with the Belgian embassy of the place of residence abroad;
- A Belgian residence card to be applied for with the local communal authorities.

  • Unlimited stay
A lot of confusion exists as to the rules to obtain an unlimited stay in Belgium. Such an unlimited stay exempts foreign employees and self-employed person from the obligation to be in possession of a Belgian work permit or professional card for executing the professional activity in Belgium. The reason therefore is that the rules are not laid down in legislation, but are a result of an administrative practice within the Ministry of Internal Affairs. The administrative practice may change over time…
According to the present practice, an unlimited stay is in any case granted to foreigners who have been working for at least 5 years on the basis of a valid work permit or professional card.

  • Free movement within the EU

Until now there is no coordinated EU migration policy on knowledge immigration. Each country has its own set of rules with respect to the immigration of knowledge workers with different conditions and processes.

Note however that within the framework of the free movement of services in the EU, under certain conditions, it is possible for an employer established within the EU to second/assign a non-EU employee to another EU country without having to apply for a new work permit in the host country.

Matthias Lommers
Matthias Lommers is a senior associate with the Belgian lawfirm Laga, having 7 years of experience in immigration law and international social law.

Laga is a full-service business law firm. Our lawyers specialize in a wide range of disciplines, meaning that Laga can assist business people with a full spectrum of legal matters. Laga’s aim is to provide efficient, practical and innovative legal solutions tailored for the client’s specific needs. In that respect our professionals continuously invest in building knowledge and experience dealing with a variety of industry sectors.

Matthias holds a master of law of the University of Leuven and a post-graduate degree in social law of the University of Brussels (ULB). He is fluent in Dutch, French and English.

Expatica2009



2 reactions to this article

Tim Adex posted: 2009-08-03 12:22:15

Please I need some information about the possibilities of acquiring an unlimited stay by virtue of owning a property. What does the Belgian immigration law says about this?
Thank you.

anne m jones posted: 2011-11-23 01:47:47

i am 73 and would like to go back to belgium to be with my family how to get ss send over and how do i get started papers work i am a american been living here since 1956
thank you

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2 reactions to this article

Tim Adex posted: 2009-08-03 12:22:15

Please I need some information about the possibilities of acquiring an unlimited stay by virtue of owning a property. What does the Belgian immigration law says about this?
Thank you.

anne m jones posted: 2011-11-23 01:47:47

i am 73 and would like to go back to belgium to be with my family how to get ss send over and how do i get started papers work i am a american been living here since 1956
thank you

Add a comment

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