Thanks to its lively culture and thriving economy, Belgium is a popular destination for talented individuals worldwide. However, for non-European nationals who wish to work in Belgium, understanding the intricacies of the work authorisation process is crucial. This blog post will cover the application process, requirements, and exemptions and provide a detailed timeline to help prospective employees and employers navigate the Belgian work authorisation system effectively.
Who Needs Authorisation and Who’s Exempt:
Non-European nationals typically require authorisation to work in Belgium. However, certain exemptions exist for citizens of Norway, Iceland, Liechtenstein, Switzerland, Ukrainian nationals under temporary protection, and British citizens with M or N cards. Moreover, specific categories such as students, asylum seekers, and those on humanitarian grounds are also exempt.
General Requirements:
All non-EU citizens must meet specific criteria to work in Belgium, regardless of nationality:
1. A valid passport
2. A job offer from a Belgian employer
3. Qualifications for the job
4. Adequate funds to support themselves and their family
5. Employment with the sponsoring employer
6. Health insurance coverage
Specific Requirements:
Additional requirements may apply based on the applicant’s nationality or job category. Remuneration thresholds, which vary depending on the role, are crucial to ensure fair compensation per Belgian legislation.
Preferred Occupation Categories:
Certain occupations, including highly educated employees, executives, athletes, artists, professors, and those in professions facing labour shortages, are likely to receive successful work authorisation.
Single Permit Application Process & Timeline:
Understanding the application process is vital for a smooth transition to working in Belgium. Here’s a step-by-step guide:
Step 1: Job Offer and Single Permit Application (Week 1)
The process starts with obtaining a job offer from a Belgian employer. Once you have an offer, your employer will apply for a Single Permit on your behalf. This application is submitted to the competent regional authority in Belgium.
The application must be submitted to Actiris (Regional Employment Service of Brussels). A medical certificate must accompany the application form if the worker does not reside legally in Belgium, has lived less than two years in Belgium, and is employed here for the first time. Also, an inquiry leaflet will be provided if the work permit is applied for on behalf of a worker residing legally in Belgium, as well as an employment agreement and proof of payment of the fee (144 euros).
Step 2: Regional Authority Review (Week 2 – Week 8)
The regional authority will review the application. They will examine the impact of the labour market and check whether the wage and working conditions correspond to the profession’s norms. This process can take up to 30 days and sometimes even longer.
A review by Actiris examined the impact of the labour market and checked if the wage and working conditions corresponded to the profession’s norms. If the application doesn’t meet the conditions, Actiris notifies the employer and the employee if it is already based in Belgium. The process would stop at this stage.
Step 3: Transfer to the Immigration Office (Week 9 – Week 10)
Once the regional authority approves the Single Permit application, they transfer it to the Belgian Immigration Office for the residence part of the Single Permit. The Immigration Office will examine whether the general admission and stay requirements are met.
Once Actiris approves the eligibility of the Single Permit application, they transfer it to the Belgian Immigration Office for the residence part of the Single Permit.
Step 4: Immigration Office Review (Week 11 – Week 16)
The Immigration Office review can take up to 60 days, but this timeframe can vary depending on the volume of applications and other factors.
Step 5: Decision and Notification (Week 17 – Week 18)
After reviewing your application, the Immigration Office decides and notifies you and your employer of the outcome. If your application is approved, you can proceed to the next step.
Step 6: Visa Application (Week 19)
Applicants can apply for a long-stay visa (D visa) at the Belgian embassy or consulate in their country of residence.
Step 7: Visa Processing (Week 20 – Week 22)
The embassy or consulate processes your visa application. It typically takes around 15 calendar days, but it can take longer, depending on your circumstances and the volume of applications.
Step 8: Visa Collection and Travel Preparation (Week 23 – Week 24)
Once the visa is approved, the applicant will collect it and prepare to travel to Belgium.
Factors Affecting Processing Time:
Several factors can impact the processing time, including application volume, completeness, background checks, and public holidays/weekends.
Applicable deadlines:
When an application for work and residence authorisation is submitted to the Immigration Office and Actiris, they have four months to decide. If they fail to do so within that timeframe or the application is approved, the worker must be issued a document confirming their authorisation to work and reside in the country.
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It’s important to note that immigration policies can be subject to change, and details may vary based on individual circumstances and regional regulations. Therefore, it is highly recommended for not-for-profit organisations in Brussels to seek advice from legal professionals or immigration authorities for the most accurate and up-to-date information regarding work permits and visas for non-EU workers.
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