Belgian residence permit - Immigrantinlaw

Belgian residence permit: features, advantages, rules of registration

The Belgian residence status allows you to stay in the state for a specified period (usually up to 12 months) with or without the possibility of extending the term. The residence permit gives access to general civil rights and opportunities, such as service in banks, official employment, medical care, social benefits. Immigration type residence permit of the Kingdom of Belgium allows you to subsequently naturalize and obtain a passport of the European Union, for which it is necessary to live here for 5 years.

Belgium is a member of the Schengen area, so with a local residence permit it is possible to travel around the countries of the agreement without a visa. The norms of granting the status of temporary resident are regulated by the national law “On Entry, Residence, Settlement and Expulsion of Foreigners” of 15 December 1980. A residence permit can be issued after the opening of a national visa and upon arrival in the Kingdom. A residence permit is granted if there is a legitimate reason for a long-term stay in the country, such as work, study or business.

Those who are interested in moving to Belgium can obtain a passport of another EU country for this purpose in an accelerated procedure with a processing time of up to a year. Citizens of the European Union have the right to reside permanently in any state of the agreement without additional conditions. You can find out the details by consulting a specialized lawyer.

What makes residence in Belgium attractive?

A temporary residence permit in Belgium gives you access to the following advantages:

stay in the Kingdom for 12 months (on average) with the possibility of travelling abroad and returning without a visa;
official employment in the country with an average salary of 3500 EUR;
the opportunity to receive education at universities and to enroll children in local kindergartens, schools and colleges free of charge;
medical insurance at reduced rates for local residents and services in modern clinics;
travelling without a visa to Schengen countries under the regime of “up to 90 days of stay for 6 consecutive months in total”;
starting a business or buying shares in ready-made companies with the right to carry out commercial activities;
registering a bank account, making international transfers, obtaining loans on favorable terms not available with a regular visa;
the possibility of subsequent naturalization, i.e., obtaining a passport as a citizen of Belgium and the European Union.

What types of Belgian residence permit exist?

The Belgian residence permit is a plastic card with a photo, personal information about the foreigner, and fingerprints encrypted in a chip. The laws of the kingdom classify documents according to the basis for its issuance. Most often immigrants receive one of the following types of residence permits:

A - a general document with a limited validity period (up to one year);
F - for relatives of Belgian or EU citizens;
H - EU Blue Card for employees with a specialization in demand;
I and J - for those transferring within an international company;
EU - for European Union passport holders.

On most of the grounds, immigrants in Belgium receive a residence permit of category A. After 5 years of residence in the kingdom it is possible to change the temporary document to a permanent one, category B, if the residence permit was of the immigration type.

Ways of obtaining a residence permit of Belgium

The chapter of the Belgian law “On entry into the territory, residence, settlement and expulsion of foreigners” specifies the grounds for issuing a residence permit with a different period of validity. The most popular of the reasons for obtaining residency, according to immigrant reviews, are listed below.

Employment

Residency status is granted to those who come to Belgium to work. This immigration document is granted to foreigners who enter into a long-term contract with a local employer. If the work is temporary, for example as an au pair, secondee or seasonal employee (with a contract for a maximum of three months), a residence permit is issued for a limited period of validity and without the right to naturalization.

In order to obtain a residence permit for employment, a combined residence and work permit must first be obtained. This process is initiated by the employer. The host company must report the recruitment of an employee from abroad to the local authorities and obtain approval. After that, the foreigner can obtain a visa, and upon arrival in the kingdom - residence permit category A. Usually the document is issued for a year, but can be valid for up to 3 years with the right to re-issue.

High-skill job

Employees with in-demand qualifications who enter into a contract with a Belgian employer for at least six months are eligible to obtain an EU Blue Card - a residence document with enhanced opportunities, including family immigration. The annual salary under the contract must be at least 130% of the average for the relevant region, i.e., between 60,000-65,000 EUR in 2024 (about 5000-5500 EUR per month) before taxes.

The applicant will need to prove relevant education and/or relevant work experience, for example by means of a diploma from a university that is recognized in Belgium. The EU Blue Card is issued without taking into account annual quotas and conditions for mandatory search of employees among local residents. The document can be issued for 2 years at a time with the right to renew, depending on the period of validity of the employment contract.

Self-employment

Belgium grants the right of residence to those who plan to work for themselves and whose activities are of interest to a particular region. This can be:

a start-up entrepreneur with an innovative project that is sponsored by a licensed business organization;
a self-employed individual (IE) who registers a business with a start-up capital of an appropriate size (e.g., from 21,557 EUR in the Flemish region) and creates new jobs;
A recognized figure in the sporting, cultural or artistic field whose work will be in the interests of the Kingdom.

The applicant will need to prove experience in the relevant field. If the request is approved, the foreigner will receive an immigration-type professional card with the right to re-issue and subsequently obtain citizenship status.

Education

The Belgian residence permit is granted to those who study at local accredited universities. Trainees, participants in international exchange programs, and those who take a preparatory year before entering a university in the kingdom are also eligible for residence status. The student completes the general dossier with a certificate of admission to the institution. Usually, the foreigner also needs to provide a language certificate to prove that he or she is capable of receiving education on the relevant course.

Student residence permit is usually issued for one year with the right to renew. On its basis it is not possible to obtain a permanent residence permit, but it is possible to obtain a residence card for job search, employment or other legally defined reasons. The period of residence with this type of residence permit counts for only 50% of the naturalization period. Before applying for a residence permit, it is necessary to first pay for the planned studies and to obtain proof of subsequent ability to pay.

Humanitarian grounds

Belgium has ratified the Geneva Convention on the Rights of Refugees and offers protection to those who cannot reside in their home country because of a threat to their life or health. This is relevant, for example, for those who are discriminated against in their home country because of their race, sexual orientation or religious beliefs. Foreigners can also apply for subsidiary or temporary protection, for example if they have been sentenced to death at home, have suffered because of the armed conflict in Ukraine since 2022 or are victims of human trafficking.

The refugee procedure in Belgium is individualized on a case-by-case basis and is subject to a number of restrictions, such as a ban on visiting the home country and the obligation to live in a special camp for a certain period of time. If approved, the applicant is issued an immigration-type residence card. The immigrant may be exempted from standard administrative fees and may also qualify for additional assistance from the Kingdom, such as social benefits.

Family circumstances

Holders of a long-term (immigration) residence permit, permanent residence permit or Belgian passport are entitled to invite close relatives or spouses to live with them. Eligible family members include children, de facto and legal marital partners and, exceptionally, other persons, for example if they are dependents of the host country. Belgians can request family reunification also with parents and grandchildren without additional requirements. Applicants must document the relevant family ties.

The applicant from the Belgian side must have sufficient funds to support himself and invited relatives (in 2024 - from 2000 EUR per month, depending on the region and the number of dependents). He or she must also provide accommodation for family members and prove it with documentation. The residence permit is issued for a maximum period of five years, but is limited to the period of validity of a similar document of the inviting resident. This is an immigration-type residence permit with the right to naturalization.

Other grounds

Other categories of applicants can also apply for a residence permit in Belgium, such as:

employees of a foreign branch of an international company who have been transferred to the Belgian office under a labor contract;
foreigners who need long-term medical treatment and will undergo it in the Kingdom, which is confirmed by an invitation from the hospital;
those who are already in Belgium, have a regular income for self-sufficiency and good reasons to remain in the Kingdom (e.g., the applicant's child is studying at a local school);
religious persons who are invited by the local licensed congregation to reside and/or fulfil a church mission;
employees of a diplomatic mission, consular post or international organization and their family members.

The planned activity must be proven by documentation. In some cases, residence may be granted as an exception, at the discretion of the Belgian Migration Service, e.g., for well-off settled rentiers.

Possession of an EU citizen passport

A passport holder from any of the European Union countries can immigrate to Belgium and obtain a local residence permit. The applicant will need to notify the authorized authorities of the reason for the move, such as starting a business, employment in a local company, enrolling in a university or reuniting with family members. It is also possible to immigrate without a specific reason, provided that the foreigner does not apply for financial support. This applies to self-supporting EU citizens who document their income.

The Belgian migration legislation is one of the most complex in Europe, and the conditions for registration of residence vary considerably depending on the region. It is possible to understand the nuances of obtaining a residence permit in the EU with the help of international law specialists.

The easiest way to immigrate to Belgium

When determining how to obtain Belgian residency, it is worth considering your future plans, budget and eligibility for the different types of residence permits. Those who want to stay in the kingdom for permanent residence should choose an immigration-type residence permit, for example, for employment or starting a business. Belgium does not grant residence permits for financially independent persons, for investments or for pensioners (these grounds are usually chosen by foreigners as an easy way to move). It is also impossible to buy property and get a residence permit in the kingdom.

To the guaranteed and quick options for moving to Belgium includes the registration of a passport of another country of the European Union. Migration policy of many EU countries is much more lenient and loyal to foreigners, which increases the chances of successful relocation. Some countries, such as Bulgaria, Romania and Slovenia, have simplified programs for obtaining a local passport. It is possible to obtain a second EU citizenship within 12-14 months with legal support, and with it move to Belgium without additional conditions.

Conditions for granting Belgian residence permit

To obtain Belgian residence, you must fulfil the following requirements:

having the grounds for obtaining the status in accordance with the law;
properly completed dossier according to the type of document requested;
no criminal record, including in the country of current residence;
availability of a permanent legal income in the amount necessary to cover living needs without applying for social support (on average about 1000 EUR per person, depending on the basis and region);
not posing a threat to the national security and public health of the kingdom;
if the request comes from children under 18 years of age - parental authorization to immigrate.

The accompanying conditions for obtaining a residence permit depend on the reason for which it is requested. For example, applicants for the EU Blue Card must provide a degree in an occupation, start-up entrepreneurs - a contract with a business accelerator, and so on.

How does a dossier for a Belgian residence permit look like?

The main documents to be submitted by an applicant for residence in Belgium are:

a single-format application (a sample of filling in the application form is available on the official website of the Ministry of Internal Affairs immigration authorities);
a foreign passport or its analogue;
proof of the right to apply for a residence permit (e.g., company registration documents or a work contract with a Belgian company);
proof of permanent income from legal sources (on average - about 1000 EUR per month);
registration of the place of residence in the Kingdom, as well as a property lease or purchase agreement;
medical insurance policy with a minimum amount of coverage of thirty thousand EUR;
criminal record certificate (including foreign criminal records) issued a maximum of six months prior to the date of the request;
civil status certificates, if applicable (e.g., marriage or birth of a child);
a receipt for the payment of an administrative fee (the amount depends on the type of document to be obtained);
a certificate of successful completion of a medical examination to ensure that the Belgian population is free from diseases dangerous to the Belgian population.

The documents must be in one of the three official languages of Belgium (Dutch, French, German) or in English. In other cases, they must be translated and notarized. Certain types of documents may require an apostille.

What is the process of registration a Belgian resident card?

To apply for a Belgian temporary residence permit, you need to do the following:

Determine the grounds for the relocation and collect the documents.

It is necessary to decide on the legal reason for the temporary residence permit in Belgium and then prepare the relevant dossier.

Visit to a diplomatic mission.

In most cases, the residence status is requested in the country of permanent residence through the Belgian consulate or embassy. The standard period of consideration of the application is up to 9 months, which is extended in complicated cases. The value of the state duty for the issuance of residence permit depends on its type and can range from 144 to 357 EUR.

Obtaining a visa.

If the application is approved, the applicant is granted a national visa of category D (cost - 180 EUR), which gives the right to enter Belgium. In some cases, for example in case of family reunification, it is possible to come to the kingdom within the visa-free regime and already here to initiate the procedure of residence registration.

Moving and registration of residence.

After crossing the border of Belgium within 3 days you should visit the municipality of the relevant region and register your place of residence. The procedure will require a property lease agreement or its analogue.

Visit to the Department of Immigration to obtain a residence permit.

The residence card is issued upon personal request and prior appointment. The document is issued within 3-4 weeks and costs from 24 to 27 EUR, depending on the type.

Renewal of residence permit and permanent residency registration

Certain types of residence permits can be extended by applying in person to the Department of Immigration. The application should be submitted a month and a half before the cancellation of the current residence permit. The application must be accompanied by documents that confirm the right to further stay in the Kingdom, such as a valid employment contract. As a standard procedure, requests are processed in a maximum of 21 days. The fee for the re-registration service is 23-36 EUR, depending on the type of residence card.

A residence card in Belgium can be issued after 5 years of residence with a temporary residence permit. The total absence in the kingdom during this period is allowed up to a maximum of 10 months, or up to six months in a row. The applicant is subject to the same requirements as for obtaining a residence permit. Permanent resident status is valid indefinitely, but the residence permit card itself must be re-issued every five years. The holder of this document can also apply for citizenship by naturalization if he/she meets the other requirements of the legislation.

Citizens of other European Union countries are spared the need to undergo a long path of naturalization to move to Belgium for permanent residence. You can analyze the chances of obtaining an EU passport in an accelerated procedure with the help of specialist lawyers.

Reasons for refusal and cancellation of a Belgian residence permit

A request for Belgian residence status is rejected if the dossier contains insufficient documents or if some of them are incorrect. Those who give incorrect information about themselves or withhold information important for the decision are rejected. The applications of previously convicted persons, people who have not undergone a medical examination or who pose a threat to the kingdom according to the conclusions of the authorized services are also not approved. It is possible to appeal to the court, but such cases are usually won by the state. You can minimize the risk of refusal by seeking the assistance of specialist lawyers.

A valid residence permit in Belgium can be revoked by decision of the authorities. Common reasons - violation of the law, offences against national security, long-term departure from the country. Residence permit is cancelled if the basis on which it was issued, is no longer relevant, for example, the end of the work contract or liquidated the business of the foreigner. Also, the status can be revoked if it turns out that for its registration were used false documents or incorrect information.

Obtaining Belgian residency with the help of Immigrantinlaw lawyers

In order to guarantee immigrate to Belgium with minimum expenses, you can use the support of Immigrantinlaw specialists. Dedicated lawyers carry out a personal analysis of the foreigner's request, clarify his wishes, check the dossier and select the best ways to obtain a passport or residency in the European Union. With the help of international law specialists, you can become an EU citizen within 4 to 14 months, after which you can legally move to Belgium with no restrictions on the length of stay and access to all the privileges of local residents.

Immigrantinlaw lawyers accompany the applicant at every stage of obtaining European documents, which eliminates the risk of rejection of the application and minimizes the foreigner's participation in bureaucratic procedures. An individual approach allows you to find the best way to immigrate to Belgium in a short period of time and without large investments. A dedicated specialist will explain in detail the pros and cons of different procedures in order to find the best program for the relocation. You can find out more about simple immigration options during a free consultation.