Work permit in Belgium

If you don't come from Switzerland, or any country that's part of the EU or EEA, then you'll need to apply for a work permit to live and work in Belgium. Employees, foreign students, interns, and au pair workers will all need work permits.

The different types of work permits you can find in Belgium

Belgium has three types of work permits:

• Work permit A, which applies to all categories of employees. This “permanent work permit” is available for an unlimited period of time, with any employer.
• Work permit B, which allows you to work for only one employer. Its validity is one year.
• Work permit C, which is available for all waged-base occupations and with any employer, but only for a year. It's renewable.

Regardless of which permit is applicable to you, you'll need to apply to one of them f you

Conditions to obtain a work permit in Belgium

There will be certain requirements to obtain these particular work permits. Take a look at each work permit in detail to see what's required for you to work legally in Belgium.

Work Permit A

Even though you can get a type A work permit for an unlimited period of time, it's given only to employees who can prove that they've worked in Belgium for four years under a type B work permit. Not only that, but you'll also need to have stayed in Belgium for 10 years without interruption. So basically, you'll need to have worked in the country under a type B work permit before you can consider applying for a type A work permit.

Do note that there's an exception to the four-year rule. If you're from one of the countries below, then you'll only need three years to qualify for a type A work permit:

• Algeria
• Bosnia and Herzegovina
• Kosovo
• Macedonia
• Montenegro
• Morocco
• Serbia
• Tunisia
• Turkey

Even better news is regardless of which category you're in, you can cut down the years by one if you have others living with you in Belgium. More specifically, if you have a spouse, registered partner, or dependent children, then you can qualify for a work permit A in three or two years.

However, not everyone will be able to apply for a type A work permit. Those who are restricted are:

• Au pairs
• Highly skilled workers
• Researchers and guest professors
• Specialized technicians
• Trainees

Also, if your family member has a type B work permit, is self-employed, or doesn't need a work permit to be employed in Belgium, then you aren't eligible for a work permit A either.

Read also Visas for Belgium

Work permit B

This permit is issued only if the employer was authorized to recruit the foreign worker on the available vacancy. They usually have to prove that they weren't able to find a good candidate within Belgium through a labor market test. The exception is if you're filling a shortage occupation. Essentially, your employer sponsors you to come work for them.

Your employer must offer you a salary that's above the set wages for highly qualified Belgian employees and executive workers. They can calculate this by taking into account the gross salary, end-year bonuses (taxable), and other allowances and benefits (also taxable).

Also, you need to be outside of Belgium at the time of the work permit B application. You can't just move to Belgium, look for a job, and then apply for a work permit B. This permit is fully intended to move outside talent into Belgium, not to hire existing talent in the country. So if the Belgian government discovers that you're already in the country and apply for this work permit, you'll be denied.

Work permit C

This permit is issued to foreign citizens legally staying in Belgium for a limited period, or those in situations of fragility. Mostly, work permit C is reserved for people like students, interns, asylum seekers, and migrant agricultural domestic workers, among others. If you're the spouse/registered partner or child of someone who already holds employment in Belgium, then you might have to apply for a work permit C.

How to ask for a work permit in Belgium

In general, the employment services in the regional administrations of Wallonia, Brussels- Capital, Flanders, and the German-speaking community take care of work permit applications. Application forms can be collected on-site or directly at the administration's site which the seeker depends on.

Other conditions might prevail in some particular cases, such as people holding a precarious right to stay in Belgium or for citizens from countries that have international agreements with Belgium. Don't forget to ask for more details at the regional administration you depend on when applying for your work permit.

Work Permit A

Employees have to apply for a work permit A. The application form, which is available online or at the appropriate administration, must contain the following documents:

• Information sheet countersigned by the burgomaster of your home address
• A double-sided copy of your current residence permit
• A copy of the individual account that justifies the aforesaid working years (three or four, depending on your nationality; it may be two or three if you meet the requirements)
• Copies of all the work permits obtained before the application for a work permit A
• Copies of your previous payslips

You'll need to apply for a work permit A at your local immigration office. Your municipality will notify you when your work permit's been approved so you can go collect it.

Otherwise, if you've been rejected, you'll be notified by mail. Don't be disheartened, as you can always appeal by reapplying. Make sure you do this within one month with a registered letter.

Work Permit B

As for a work permit B, the employer has to apply for it, in cooperation with the future employee. The form needs to have the following appendix:

• A copy of the letter from the Foreign Bureau, stipulating that an application for a work permit B has to be made in order to regularise the working situation of the employee.
• A copy of the work contract (original), dated and signed by both parties (employer and employee)
• A medical certificate that's under three months old
• A copy of the employer's ID card

Once you've received word that your work permit application's been approved, then you can get in touch with your country's Belgian embassy. From there, you should apply for a residence visa.

Do note that if you switch employers, you'll need to apply for both a new work permit and a residence visa.

After the year's up, your employer will have to reapply for another work permit B. In fact, they need to do this a month before it expires to ensure you always have a valid work permit. If you're ever rejected for any reason, you must appeal within a month if you decide to pursue this course of action.

Read also Working in Belgium

Work Permit C

If you need a work permit C, your employer needs to apply for it. The application form must contain the following documents:

• Information sheet countersigned by the burgomaster of your home address
• a double-sided copy of your current residence permit

As we've said before, this work permit is only for temporary residents and is good for a year, which means you should only need the type C work permit once. However, there might be some extenuating circumstances that mean you need to renew the work permit. In this case, your employer might be able to renew it for you. As with the other work permits, they must submit the application at least one month before the expiry date and if you receive a rejection, you can appeal it, so long as it's within a month of the rejection date.

Professional cards

It's becoming more common for people to be self-employed, so you might be wondering which work permit you need to get if you're going this route.

The fact is, you won't have to apply for any of the above permits. Instead, you can apply for a Professional Card (carte professionale or beroepskaart). These cards are valid for five years, but you need to prove that your work will be financially beneficial to Belgium.

For a Professional Card, you need to provide:

• Your passport
• A medical certificate
• A police certificate
• 2 identity photos
• Your business plan (maximum of 20 pages)
• Your qualifications
• Right of residence (if you don't already have this, you can apply for it with the Professional Card simultaneously)

To apply for this card, there are two ways to do so. First, if you're currently outside of Belgium, you can go to the Belgian consular in your country. Otherwise, you can go to a recognized enterprise counter in Belgium.

Once you've applied for and received your Professional Card, you'll need to go to an enterprise counter again. Here, you'll register with the Enterprise Crossroads Bank and also get your enterprise number. You need to also register for VAT and a social insurance fund for the self-employed.

For those who are working as agents for a company, you need to follow the steps in the following paragraph. However, if you're a partner or executive director, all you need to do is register with a social insurance fund.

After the five years are up, you can renew easily, so long as you've kept up with all your financial obligations, such as for tax. Make sure you apply at least three months before the expiry date to avoid having an expired Professional Card.

Read also Starting a business in Belgium

European Blue Card

Another “work permit” of interest to you might be the European Blue Card. It's basically a combination of a work and residence permit. Those who are highly skilled employees who aren't from the EU, EEA, or Switzerland are eligible for this card. You're exempt if you're from: the EU, EEA, Australia, Canada, Israel, Japan, New Zealand, South Korea, United States, Azores, Canary Islands, French Guiana, Guadeloupe, Madeira, Martinique, Réunion, Saint Barthélemy, Saint Martin, Anguilla, Aruba, Ascension, Bonaire, British Antarctic territories, British Virgin Islands, Cayman Islands, Curacao, Falkland Islands, French Antarctic & Australian territories, French Polynesia, Mayotte, Montserrat, New Caledonia, Pitcairn, Saba, Saint Helena, Saint Pierre & Miquelon Greenland, Saint Eustatius, Saint Martin, South Georgia, South Sandwich Islands, Tristan da Cunha, Turk & Caicos Islands, Wallis & Futuna.

To apply for the European Blue Card, you need:

• A master's degree (or equivalent)
• At least five years' experience in your field
• A work contract for highly qualified employment for one year, minimum
• Meet the minimum salary threshold

Essentially, this card gives you and your family members freedom of movement within the EU, with the exception of a few countries that have opted out of this scheme:

• Denmark
• Ireland
• Iceland
• Liechtenstein
• Norway
• Switzerland

Intra-corporate transfers in the EU

This is similar to the European Blue Card. The intra-corporate transfers (ICT) Directive lets you work in various parts of the EU as either a third-national foreigner or non-EU citizen. However, as the name suggests, this is only available for corporations that span the EU and need you across these various locations.

This type of transfer is available for managers and specialists, as well as trainees. However, do note that the directive only lasts one to three years. Also, the implementation of this directive has been delayed in Belgium, so it's not currently a route you can take, although it will be in the near future.

Important:

It's important to know that these lists aren't exhaustive. Depending on your own situation, your residence permit in Belgium, your country of origin, and your status (student, asylum seeker, or foreign worker with a precarious situation), additional documents might be required to complete your application. Don't forget to seek additional information at the employment services in your home address concerning all the detailed documents required. It'll avoid back-and-forth situations and will make your application easier.