Our Expat legal experts deal with the abolition of the prohibition on double nationality. Plus another queries regarding driving licenses and applying for Work Permit 'A'.

Newsflash –  June 2007

Employment, Social Security and Immigration Law Multiple Nationality

Recently Belgium has abolished the prohibition on double nationality. Belgians who obtain another nationality on a voluntary basis will also preserve their Belgian nationality as from 09 June 2007.

Exceptions:
If a Belgian national voluntarily obtains the nationality of one of the countries mentioned below, then this person still loses the Belgian nationality.

Austria
Denmark
France
Germany
Ireland
Italy
Luxembourg
Moldavia
The Netherlands
Norway
Spain
Sweden
United Kingdom
Portugal

As soon as Belgium cancels the ‘Convention on the Reduction of Cases of Multiple Nationality from the 6th of May 1963’, this exception will no longer exist.

Belgian nationals who automatically obtain another nationality, for example by marriage with a foreigner, will never lose their Belgian nationality, even if it concerns one of the nationalities mentioned above.

Matthias Lommers, Advocaat/Avocat, mlommers@laga.be
Katrien Olbrechts, Legal assistant, kolbrechts@laga.be

.........

Re: Transfering a Trainee Work Permit

I am writing to submit a question for your work permit section with the
lawyers from Laga.

I currently hold a trainee work permit valid until July 31 and a
residency permit valid until 30 August.  If I want to move employers, is
it possible to transfer the work permit/residency to the new employer if
they will pay me more than the minimum trainee salary?

Thank you,
Eve


Dear Eve,

The trainee work permit you are currently holding is linked to your
current traineeship and is only issued for 1 year (and cannot be
renewed). Your new employer will need to apply for a work permit B (as
highly qualified employee) on your behalf. Such a work permit is valid
for 1 year and can be renewed on a yearly basis.

Note that in order to be eligible for a work permit B (as highly
qualified employee), you need to have a degree of higher education (at
least a bachelor degree) and earn at least 33.677 Euro gross on a yearly
basis.

Best regards,

Matthias


_____________


Re: Applying for Work Permit 'A'

Dear Laga and Expatica,

I really appreciate your site and the feedback which you provide to the public, henceforth resolving our queries. A big kudos to you.  Thank You.

I have a question:

I am an Indian IT guy, working with big clients almost since last 2.5 years in Belgium on the basis of Work Permit B which gets renewed every year.

I am married and I have a baby who was born here in Belgium. My family has been here with me since last 2.5 years.

My question is that how can I apply for Work Permit A ?

I am not sure but I think that in one of ouyr earlier responses you mentioned that the waiting period to be eligible for Work Permit A, in case the employee is with his family has been reduced to 1 year. Is it correct ?

Kindly enlighten.

Thanks 'n Rgds,
Rohit


Dear Rohit,

We refer to your recent e-mail to Expatica.

It is correct that having family in Belgium shortens the waiting period
to obtain a work permit A with 1 year.

However, the years you have been working in Belgium under a work permit
as "highly qualified" employee are not taken into account. Principally,
only persons who are or have been working in Belgium with a work permit
as "executive" are eiligible for a work permit A after 2 or 3 years
working in Belgium.

It might be interesting to know that only 60 work permits A were issued
last yearin the Brussels and Walloon region.

For your information, I join some information on unlimited stay in
Belgium.

Best regards,

Matthias

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 2007]
Subject: Expat news