Migration questions Belgium

To obtain a residence permit in Belgium, it's important to understand that the procedure and requirements depend on the purpose of your stay and your nationality.

Main Categories of Residence Permits

For EU citizens: EU citizens and their families have the right to stay in Belgium for more than three months without the need for a visa. They just need to register with the local administration at their place of residence and obtain a resident card.

For non-EU citizens: In this case, a type D visa (national visa) is required before arriving in Belgium. You must apply for the visa at the Belgian consulate or embassy in your country of residence. After entering the country, you need to register with the local administration and apply for a residence permit.

Required Documents:

Documents vary depending on the residency category (work, study, family reunification, etc.), but generally may include:

- Valid passport.

- Proof of purpose of stay (e.g., employment contract, letter from an educational institution).

- Health insurance.

- Documents confirming sufficient funds to live in Belgium.

- Criminal record certificate (in some cases).

Processing Time:

The application review process can take from several weeks to several months, depending on the specific case. It's important to note that the application process must be completed within set deadlines, especially if you are already in Belgium with temporary permission.

Special Cases:

- Humanitarian reasons (9bis): If there are exceptional circumstances that make it impossible to apply for a residence permit from abroad, an application can be submitted while in Belgium. However, such applications take longer to process.

- Medical reasons (9ter): If you cannot leave Belgium for medical reasons, you can request a residence permit based on medical grounds.

For more detailed information, it is recommended to contact your local administration directly or visit the official website of the Ministry of the Interior of Belgium.

To submit documents for obtaining a residence permit in Belgium, several key steps must be followed. The document submission process may vary depending on your nationality and the purpose of your stay in Belgium (work, study, family reunification, etc.).

 

1. Obtaining a Long-Term Visa (D-Visa)

   - Before entering Belgium, you must apply for a long-term visa (D-Visa) at the Belgian embassy or consulate in your country of residence. This visa allows you to stay in Belgium for more than 90 days.

   - The following documents are required to submit the application:

     - A completed visa application form.

     - Valid passport with a validity period of at least 12 months.

     - Two passport-sized photographs.

     - Medical certificate issued by an accredited doctor.

     - Criminal record certificate issued no earlier than six months before the application.

     - Proof of financial means (e.g., bank statements, income documents).

     - Proof of accommodation in Belgium (rental agreement, invitation from relatives, etc.).

 

2. Registration at the Municipality by Place of Residence

   - Upon arrival in Belgium, you must register with the foreign registration department of your residential municipality within 8 working days.

   - For registration, you will need:

     - Your passport with the D-Visa.

     - Rental agreement or other proof of residence.

     - Several passport-sized photographs.

 

3. Obtaining a Temporary Residence Permit (Card A)

   - After successful registration and verification of your place of residence, the municipality will issue you a temporary residence permit — card A. This card is usually valid for one year and can be renewed.

   

This process may vary depending on your specific situation and status. It is recommended to contact the residential municipality or the Belgian embassy for additional information and consultation.

Right of residence

EU and EEA citizens have the right to stay in Belgium for up to three months without any formalities, apart from the mandatory registration upon arrival. For stays exceeding three months, one must register with the municipality of their residence and provide supporting documents:

- Employees must present an employment contract or proof from their employer.

- Self-employed individuals must register in the Central Database for Enterprises and join a social insurance fund for the self-employed.

- Students must be enrolled in an accredited educational institution and have sufficient financial resources for living.

- Economically inactive citizens must prove they have sufficient resources to reside without becoming a burden on Belgium's social assistance system and must have health insurance.

 

Municipality registration

Registration with the municipality must be completed within three months after arriving in the country. You will need to provide documents proving your right to reside (such as an employment contract, self-employment documents, proof of study, or financial status). Upon registration, you will receive a document confirming your right to reside, or an electronic card E, which is valid for five years and can be renewed.

 

Work

EU and EEA citizens do not need to obtain a work permit to work in Belgium. This applies to both employees and the self-employed. You can register with employment services such as VDAB, Actiris, or Forem for job search assistance.

 

Right to permanent residence

After five years of continuous residence in Belgium, you can apply for permanent resident status. This status grants you the same rights as Belgian citizens, except the right to vote in national elections.

Residence in Belgium

If you plan to stay in Belgium for more than 90 days, you will need to apply for a long-term visa (Type D visa) through the Belgian embassy or consulate in your country. After arriving in Belgium, you must register with the municipality of residence within 8 working days. You will be issued a temporary document, which will later be replaced with a residence permit.

Work in Belgium

Non-EU citizens need to obtain a work permit to work in Belgium. There are several types of permits:

- Single Permit: This document combines residence and work permits in Belgium. Your employer must apply for this permit on your behalf before your arrival in the country.

- Professional Card: If you plan to engage in independent entrepreneurial activities, you will need to obtain this card. The application is submitted at the municipality of your residence.

The permit process can take from two to five months, and you cannot start working until you receive the final permission from the municipality.

Special conditions and exceptions

There are exceptions for certain categories of workers, such as highly qualified professionals, researchers, students, and other categories. In these cases, simplified procedures for obtaining work permits may apply.

Residence and work in Belgium for non-EU citizens require compliance with strict rules and procedures. It is important to timely gather all necessary documents and properly process applications to avoid delays and issues with the legalization of your stay and employment in the country.

To extend a residence permit in Belgium, you must follow a certain procedure that depends on your status and type of residence permit.

 

When should you start the renewal process?

You should start the renewal process 30-45 days before the expiration of your current residence permit (card A). This is important to avoid any legal issues and to ensure the continuity of your status in the country.

 

Where to submit the application for extension?

The application for extension is submitted to the municipality at your place of residence. You will need to schedule an appointment and provide the necessary documents.

 

Required documents

Depending on your status, different documents may be needed, but generally, you will need to provide:

   - A valid passport.

   - Current residence card.

   - Documents confirming the grounds for extension, such as an employment contract, study documents, or proof of sufficient income.

 

Review process

After submitting all the necessary documents, the municipality will issue you a temporary confirmation (usually Annex 49), which will be valid until a final decision on the extension is made. If a decision is not made before your current residence permit expires, this temporary confirmation can be extended.

 

Specifics for different categories

   - Workers and students: It is important to provide up-to-date confirmations of employment or study for residence permit extension. The employer must apply for an extension of your work permit.

   - Long-term residents: If you have been living in Belgium for more than 5 years, you may apply for permanent residency. In this case, the process may take up to six months, and you will need to provide evidence of your residence in Belgium for the past five years.

 

Costs and timelines

The usual cost of extension is around 20 euros, but it may vary depending on the commune. If necessary, you can request an expedited procedure for an additional fee.

 

Extending a residence permit is an important process that requires timely attention to deadlines and accuracy of submitted documents. For any questions, it is better to consult the municipality at your place of residence in advance.

Registration in the social security system

The first step for accessing the healthcare system in Belgium is registration in the social security system. The employer usually registers you in this system, but if you are self-employed or a student, you need to do this yourself at the local social security office.

 

Selection and registration

After registration in the social security system, you need to choose and register with one of the Belgian health insurance funds. This is a mandatory requirement for all residents who have reached the age of 25, as well as for those who are younger but working or receiving benefits.

 

Main health insurance funds include:

   - Mutualité Chrétienne

   - Mutualité Socialiste

   - Partenamut

   - Helan 

   - Neutrale Ziekenfondsen

 

They offer basic services that cover primary medical expenses such as doctor visits, hospitalization, and medications. Standard coverage compensates 50% to 75% of medical expenses.

 

Additional health insurance

Basic insurance does not cover all medical expenses. To avoid high costs for more serious medical procedures, many people in Belgium choose additional insurance. Such insurance may include extended coverage for dental services, hospitalization, and other additional services.

 

Cost and payment

Payment for insurance services is made monthly, quarterly, or annually. The cost varies depending on the chosen program and ranges from 99.60 euros to 114 euros per year. 

 

Documents for registration

To register with a health insurance fund, you will need:

   - Passport or national ID card.

   - Confirmation of registration in the social security system.

   - Proof of your status (e.g., employee, student, self-employed).

Citizenship through residence

The most common way to obtain Belgian citizenship is naturalization based on residence. To do this, you need to:

- Legally reside in Belgium for at least five years without interruptions.

- Be over 18 years old.

- Have unlimited residence permit.

- Show knowledge of one of the three official languages of Belgium (French, Dutch, or German).

- Demonstrate social integration through education, professional qualification, or completion of an integration course.

- Prove economic activity: work for at least 468 days over the past five years or pay social contributions as a self-employed person for six quarters.

Citizenship through marriage

If you are married to a Belgian citizen, you can apply for citizenship through the residency procedure by living with your partner in Belgium for at least three years. All other conditions remain the same as for obtaining citizenship based on residency.

Citizenship by naturalization

This path is less common and is seen as an exceptional measure granted by the Belgian parliament. To apply through naturalization, you must:

- Reside in Belgium for at least ten years.

- Demonstrate knowledge of one of the official languages at a level no lower than A2.

- Prove participation in the social and cultural life of Belgium (e.g., volunteering activities or membership in cultural clubs).

Required documents

- Birth certificate (translated and legalized if necessary).

- Proof of residency in Belgium for the required period.

- Proof of language proficiency and integration.

- Payment of the administrative fee (usually around 150 euros).

The application process begins at the municipality of your residence. Once the application is submitted, it will be reviewed by the prosecutor's office and the immigration service, which may take several months.

Yes, non-EU third-country nationals with a temporary residence permit in Belgium can leave and return to the country, but there are some important conditions and restrictions to consider.

 

Main conditions for travel

- Valid passport and residence permit: To leave and return to Belgium, you need to have a valid passport and a temporary residence card (card A). This card usually allows you to travel freely within the Schengen Area for up to 90 days within 180 days.

 

- Validity of documents: Ensure that your passport and card A do not expire while you are abroad. If your residence permit is nearing its expiration date, you should first apply for an extension before planning your trip.

 

- Restrictions on travel outside the Schengen Area: If you plan to travel outside the Schengen Area, ensure you have the necessary visas for entry into the destination country, as your Belgian residence card does not replace a visa for third countries.

 

Return procedure

- Upon returning to Belgium, you must present your passport and residence card at passport control. It is important that both documents are valid and do not have restrictions on returning.

 

Important notes

- Temporary residence permits, such as the "Attestation d'Immatriculation" or certificates of loss or theft of the residence card, do not have visa power and do not allow you to travel outside Belgium or the Schengen Area.

 

In case of questions, it is always useful to consult with local authorities or immigration services before planning your trip.

If you have been refused a residence permit in Belgium, you can take the following steps:

 

Analysis of refusal reasons

The first step is to carefully review the reasons for refusal stated in the official letter (usually Annex 20 or Annex 21). This will help you understand which specific requirements were not met and prepare an appropriate response or additional documents.

 

Filing an appeal

In most cases, you have the right to file an appeal against the refusal. Appeals in immigration matters in Belgium are reviewed by the Council for Alien Law Litigation. The appeal must be filed within a certain period after receiving the refusal (usually within 30 days), but deadlines may vary depending on the type of refusal.

 

There are two types of appeals:

   - Regular appeal: It does not suspend the refusal, and the review process may take several months.

   - Urgent appeal: Filed in case a return to the home country is imminent in the near future. It suspends the refusal until a decision is made on the appeal.

 

Document Preparation

During the appeal process, you will need to present additional documents that may confirm your right to obtain a residence permit. These could include new evidence of income, housing documents, certificates of your integration into Belgian society, and others.

 

Consulting with a Lawyer

It is recommended to seek advice from a lawyer specializing in immigration law. A lawyer can assess the chances of success for the appeal and assist in the preparation of necessary documents.

 

Resubmission of Application

If the appeal yielded no results or if you decided not to appeal, you can submit a new application by addressing all previous shortcomings. It is important to prepare thoroughly and collect all necessary documents before submitting a new application.

For undergoing immigration procedures in Belgium, it is often required to provide official documents translated into one of the national languages of the country (French, Dutch, or German). In most cases, you will need the services of a certified translator to ensure the correct translation of documents which will be accepted by the Belgian authorities.

 

When are translators needed?

Document translation: If your documents, such as birth certificates, marriage certificates, diplomas, and other official papers, are not initially written in one of Belgium's national languages, they must be translated. The translation must be done by a licensed translator, and the translator's signature must be legalized.

 

Migration interviews and meetings: In some cases, such as obtaining refugee status or participating in other migration procedures, an oral translator may be required to ensure the correct understanding of all questions and answers.

 

How to find a certified translator?

- Registers of licensed translators: In Belgium, there is an official list of licensed translators available at the registry office of the Court of First Instance. You can also request this list from Belgian embassies and consulates.

  

- Translator services at consulates: If you need to translate documents before arriving in Belgium, many consulates provide information about licensed translators in your country. For example, documents translated and certified by the Alliance Française may be recognized by the Belgian authorities.