Our legal experts explain why the Belgian authorities are sending letters to foreigners in Flanders to demand contributions, which may be back-dated to 2003, for an insurance termed 'Vlaamse Zorgverzekering', and answer your questions regarding work-permits.

The Belgian authorities are sending letters to foreigners in Flanders to demand contributions for a care insurance termed "Vlaamse Zorgverzekering".

Foreigners may not be expecting this bill as this is the first time the authorities have taken firm measures to collect payments due for this social cover.

In 2002 the Flemish government enforced the social coverage and installed the "Zorgverzekering".

It is a collective insurance to provide financial assistance for critically ill patients. Every person, Belgian or foreign national, who is living in Flanders, older than 25 years and in possessing a residence permit is obliged to pay a solidarity contribution.

The amount should be paid to the "Vlaamse Zorgkas". For the years 2003, 2004 and 2005, the amount to be paid is EUR 25 per year.

Foreign nationals who have been living in the Flemish region since 2002 and who have already returned to their home country or will return shortly, also have to pay the mentioned solidarity contribution for the years they have been living in Flanders.

The fact that foreign nationals are not subject to the Belgian social security system is not relevant in this respect. Only persons who are seconded to Belgium in the framework of the EU-Regulation 1408/71 (and who remain subject to the social security system of another European country) can be exempted from the obligation to pay the yearly solidarity contribution.

In case the solidarity contribution is not paid, different reminders will be sent by the "Vlaamse Zorgkas". Eventually, administrative and/or penal sanctions might be inflicted of up to EUR 1000.

Work permits

Dear Laga,

I have been offered a Job by MasterCard Europe as a TIP consultant (Information Technology). 

I am a South African Citizen, but I do not have a University Degree. Would I still be able to apply for a work-permit?

I have been a specialist in my field for the last 5 years.
 
Thanks and regards,
 
Danzell Swanepoel

Dear Mr Swanepoel,

Principally, a foreign (non-EU) employee needs to be in possession of a university degree, a graduate degree or equivalent and should at least earn EUR 33,082 euro gross on a yearly basis in order to be entitled to a work permit B (for highly qualified personnel).
 
If these conditions are not met, a work permit will only be issued if it is absolutely impossible to find a suitable local employee on the labour market within a reasonable time.

Regards,

Matthias Lommers

Dear Laga,

I am an Indonesia citizen, graduated in September 2006 from a Masters programme at the University of Antwerp.

My student residence permit in Antwerp expired in 31 October 2006. However, I got a four-month internship offer from an investment bank in Brussels.

Before my residence permit expired, I signed the contract “Inlichtingenblad voor buitenlandse werknemer” in the City hall (Stad Antwerp).

My office backed me up and confirmed that on 31 October, they were submitting a request for obtaining a work permit for me to the Ministry and Migration Dept.

Is it possible for me to extend my residence permit for 1 to 2 months while waiting for my working permit to be issued?

Otherwise, it's a vicious circle; if I get my working permit then City Hall still can refuse to give a residence permit since it's already expired.

Can I avoid this?

Thank you in advance for any help that you could provide. I really appreciate it.

Regards,

Mr Johan

Dear Mr Johan,

The Belgian ministry of Internal Affairs can indeed grant an exceptional extension of a Belgian residence card for a period of 1 month, covering the period while the work permit application process is pending.

Once the work permit is issued, the residence card can be extended with the local communal authorities for another year.

Regards,

Matthias Lommers

8 November 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.

To have your questions answered on Expatica, you can send an email to feedback@expatica.com.

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.

[Copyright Laga and Expatica 2006]

Subject: Expat news