Employment, social security and immigration law

From 1 January 2007, the requirements for authorisations to employ foreigners and work permits for foreign nationals have been adjusted in accordance with the indexation of salary levels. 

Indexation of salary levels related to authorisations to employ foreigners and work permits granted to foreign nationals (from outside the EEA) are amended on a yearly basis.

From 1 January 2007, authorisations to employ foreigners and work permits for foreign nationals are issued for:

• highly qualified foreign employees, whose employment in Belgium is, in principle, limited to four years (but can be extended for another 4 years), even if suitable labour can be found in Europe to fill the vacancy, as long as their gross salary exceeds EUR 33677 per year; 
• Foreign executives who hold a management position, as long as their gross salary exceeds EUR 56187 per year.

Background to the law

In application of article 131 of the law of 3 July 1978 on employment contracts and article 9 of the Royal Decree of 9 June 1999 enforcing the law of 30 April 1999 on the employment of foreign nationals (as modified by the Royal Decree of 6 February 2003), salary levels taken into account for issuing authorisations for the employment of foreign nationals and work permits for highly qualified foreign employees or executives who have a management position in Belgium, are linked to the index of contractual salaries and are reviewed each year.

Visa

Dear Laga,

I have recently been offered a job at IMEC, Leuven.

I am an Indian citizen and have been living in Germany for the last four years with my wife, my dependent who has been living here for three years. We both have the 'Aufenthaltserlaubnis' or limited residence permit.

The work permit will be applied by IMEC, Leuven after which I can apply for my Visa. But does my wife require another visa? If a visa is required will she also require a medical check-up, and in that case who will provide us with the form for the health check-up?  

We plan to move directly from Germany to Belgium.

Regards,

Sandip Halder  

Dear Sandip,

Further to your question, please note that your spouse should apply for a visa on the basis of family reunion with the Belgian consular authorities in Germany. In this respect, the following documents should be joined with the application:

• The valid Indian passport;
• A birth- and marriage certificate, duly translated and legalised by apostille;
• A certificate of good conduct covering the last five years. This document should be legalised by apostille;
• A copy of your Belgian residence permit and your spouse's German residence permit;
• Two duly completed visa application forms;
• Two recent passport-sized photographs.
• A medical certificate will not be required.

Once you arrive in Belgium, your wife should present herself at the municipality of her place of residence, within eight days of arrival, in order to be inscribed in the register of foreigners of the commune and obtain a certificate of inscription (Belgian residence card).

Best regards,

Lynn Bogaert, Matthias Lommers

Work-permit

Dear Laga,

I am a Kenyan national who has been living and working here in Brussels for the past six years with the same company that applied for my move to Belgium.

I have a 'Certificat d'inscription au registre des étrangers' (ID card) with 'Séjour temporaire' printed at the back and linked to my work permit that I have to renew each year.

 As my contract with my employer is for a 'durée indéterminée', I recently wanted to change this to have a work permit and 'carte de séjour' that I did not have to renew each year. I was told that as I was employed in the category 'hautement qualifiée' I could not do this.

I then spoke to ORBEM who informed me that I should apply for a 'Tire d'établissement' which I understood meant permanent residency. When I enquired at my commune they told me to send a copy of my contract and a letter to apply for a 'Séjour illimitée'.

I am a little confused.  Is 'Tire d'établissement' and 'Séjour illimitée' the same thing? Am I applying for the right thing, I want to apply for permanent residency.

Regards,

Alvito de Souza


Dear Alvito,

The stay of foreign employees residing in Belgium who are employed on the basis of a work permit 'B' is limited in principle, to the validity period of their work permit. This means that their stay in Belgium may only be extended upon the extension of their work permit 'B'.

The granting of successive 'B' work permits allows certain categories of foreign workers to obtain an unlimited stay for which they are released from the (further) obligation to be in possession of a work permit.

Certain categories of foreign workers with successive 'B' work permits remain, however, limited to the length of their work permit.

Since the end of last year, the Office for Foreign Nationals has granted an unlimited stay to foreign employees who satisfy all the conditions mentioned below:

• The foreign employee must be in possession of his/her fifth successive work permit 'B';
• The foreign employee must have maintained legal and uninterrupted residence in Belgium for the period of time corresponding with the length of validity of these work permits.

The Office for Foreign Nationals has discretionary authority at its disposal with regard to the granting of unlimited stay for foreign employees. It is also conceivable that the Office for Foreign Nationals may change the abovementioned conditions in the future.

In your case, I believe that an application for an unlimited stay is worthwhile. The application should be filed with the Office for Foreign Nationals (DVZ).

Best regards,

Matthias 

Marriage

Dear Laga,

My partner and I are considering getting married. He is Belgian and I am Malaysian. We are both working abroad in Switzerland, and are planning to move back to Belgium in the near future.

I would like to know is it better to marry in Switzerland and do a transfer or to marry straight in Belgium.

I would also like to know if I need a work permit to work in Belgium after getting married.  I am an IT professional.

Regards,

Jo-ann

Dear Jo-Ann,

As I am not a specialist in Swiss marriages, I am not able to advice you in that respect.

However, as a Malaysian national, you principally need a work permit to work in Belgium.

However, if you are married to a Belgian national (or a European national) and living together with this person in Belgium at the same address, you are exempt from the obligation to be in possession of a work permit.

Best regards,

Matthias
 
12 December 2006

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga, located at www.laga.be or contactable by phone: 02 800 7000 .

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[Copyright Laga and Expatica 2006]

Subject: Relocation