Our Expat legal experts deal with Changes to the Belgian Nationality Code, Immigration law and a Social security agreement between South-Korea and Belgium.

Newsflash – 30 March 2007

Employment, Social Security and Immigration Law

Changes to the Belgian Nationality Code

The Law of 27 December 2006 brought some changes to the requirements for obtaining Belgian nationality through naturalisation based on residence.

To be able to apply for Belgian nationality through naturalization based on residence, the following conditions need to be met:

Being at least 18 years old,
Having a main residence in Belgium for at least 3 years with proper authorisation;
Residing legally in Belgium when filing the application.
Residing legally in Belgium implies that the foreign national is entitled to stay in Belgium for more than 3 months or benefits from an unlimited residence authorisation.

This applies to foreign nationals holding :
a yellow card,
a white card,
an orange card,
a purple or blue card.

As from now on, the law provides that the applicant must have his/her main residence legally established in Belgium for at least 3 years (reduced to 2 years for political refugees and stateless persons). The terms “main residence” imply that the stay in Belgium is authorised by a valid residence card.

In the absence of a proper definition of the term “legal stay” in former texts, the Commission for Naturalization used to verify whether the applicant was granted an unlimited stay for a period of 3 years prior to the request for naturalisation. The 3 years unlimited stay condition is no longer applicable.

The request to become a Belgian national expires when the applicant ceases to have a main residence in Belgium or loses his or her ties with Belgium during the procedure.

Matthias Lommers, Advocaat-Avocat, Email : mlommers@laga.be
Lynn Bogaert, Advocaat-Avocat, Email: lybogaert@laga.be

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Newsflash – 01/04/2007

Immigration law

New Belgian immigration rules

We are pleased to inform you that last month, the Belgian Council of Ministers has approved a draft bill with respect to the simplification of the rules as to the employment of certain categories of non-EU employees.

Although the Royal Decree that needs to implement these changes is not yet definitive, we can already inform you that the changes will mostly relate to non-EU researchers and managers of Belgian headquarters of Belgian or foreign multi-nationals.

According to the plans, non-EU researchers who are employed within a Belgian university or a recognized research facility to conduct research will no longer need to be in possession of a work permit to work in Belgium. Non-EU managers who are employed by a European head office in Belgium of a Multinational, earning at least 56.187 Euro gross on a yearly basis, would also be exempted from the obligation to be in possession of a work permit.
 
The above mentioned exemptions would be granted for an unlimited period of time. A few new temporary exemptions from being in possession of a work permit are planned to be introduced as well. It concerns:
· An exemption for certain intra-company trainees (for a period of maximum 3 months);
· An exemption for attending scientific congresses (for up to 5 days per calendar month);
· An exemption for meetings in limited circles (for up to 5 days per calendar month);
· An exemption for specialized technicians who come over to assemble/install foreign build machines/installations (for up to 8 days);
· An exemption for specialized technicians who come over to repair foreign build machines/installations (for up to 5 days per calendar month);
· An exemption for test-drivers (for testing prototypes during a period of maximum 4 weeks).
Instead of an application for a work permit, a “certificate of exemption” will need to be requested with the competent immigration authorities for most of these categories before the assignment to Belgium.
 
The new rules are expected to enter into force by the end of May 2007..  
 
We will keep you informed!
 
Matthias Lommers, Attorney, mlommers@laga.be

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Newsflash – 1 April 2007

Social security agreement between South-Korea and Belgium

The Belgian council of Ministers has recently approved the draft bill with respect to the social security agreement between South-Korea and Belgium.

The Agreement, which will be of great importance for the Belgian economy as well for South-Korean investments in Belgium, will have 2 very important aims:

When a South-Korean employer will send an employee to work in Belgium on a "temporary basis", the agreement will allow the employee to maintain his home country coverage for the duration of his temporary foreign assignment and shall remain subject to the social security regime of the first contracting state for a period of maximum 5 years ("principle of secondment") under certain conditions.

South-Korean nationals who have paid Belgian social security contributions or will be paying these contributions, will be able to enjoy a Belgian pension upon their retirement in South-Korea.

The agreement will guarantee the same benefits for Belgians working in South-Korea.

The Belgian-South-Korean social security agreement is signed, and a draft bill accepting this important agreement has been approved by the Belgian council of Ministers on 23 March 2007. it might however still take some months before the agreement actually enters into force.

We will keep you informed about further developments!

Matthias Lommers, Associate, 02/800.70.69, mlommers@laga.be

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Re: Permanent Residency in Belgium

Hi Experts,

I am a Pakistani Citizen, working in IT / Software departments for various clients.

I have been staying here continously for the last 3 years but before that I was in and out (not staying continously). I am here on work permit B.

When and how can it be possible for me to stay here unilimited (maybe on Work Pemit A) so that I dont have to get my Work Permit renewed again?

Or maybe apply for Belgian citizenship.

Thank You

Regards,
Bonny Becker

Dear Bonny

Foreign employees residing in Belgium who are employed on the basis of a work permit 'B' are limited, in principle, to the length of that 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 work permits 'B' 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 work permits 'B' remain, however, limited to the length of their work permit.

Since the end of last year, the Office for Foreign Nationals now grants 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' and,
- 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.

Best regards,

Matthias

6 April 2007

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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Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga.

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Subject: Expat news