Initial authorisation to stay (application for visa D, authorisation to stay or change of status)

[Article 60 of the Act of 15 December 1980]

The citizen of a third country who wishes to undertake full-time higher studies at a higher education institution in Belgium, or a preparatory year for this education, must submit an application for authorisation to stay in Belgium for more than 90 days.

The general rule is that this request will be submitted to the Belgian diplomatic or consular post competent for the place where they usually reside abroad, in the form of an application for a visa D (national visa for a long stay).

The list of Belgian embassies and consulates is published on the FPS Foreign Affairs site (www.diplomatie.belgium.be).

 

The procedure for submitting a visa application is explained on the website of the relevant post and on the website of the external service provider with which the post works to receive visa applications (VFS Global, TLS Contact).

As a general rule, applicants must submit their visa application in person, as they will be asked to provide fingerprints and answer a questionnaire designed to assess the coherence of their academic background and study plans in Belgium.

By way of exception, a third-country national already residing in Belgium may submit their application to the local authority in the place where they reside before their residence permit or authorization expires. In this case the applicant must already be enrolled in a higher education establishment for full-time study.

The procedure to be followed for submitting the visa application is explained on the competent post's site and the external service provider's site with which the post is collaborating for the receipt of visa applications (VFS Global, TLS Contact).

The general rule is that the applicant must submit their visa application in person, as they must give their fingerprints and answer a questionnaire that allows for assessment of the coherence of their academic route and their study plans in Belgium.

By way of derogation, a third-country national already residing in Belgium may submit their application to the municipal administration for their place of residence before their residence permit or their authorisation to stay expires. On the other hand, they must already be enrolled in an higher education institution to pursue full-time studies there.

[Articles 60 and 61/1 of the Act of 15 December 1980]

The citizen of a who wishes to undertake full-time higher studies at a higher education institution in Belgium, or a preparatory year for this education, must include the following documents in their application:

  • a copy of their valid passport or a copy of an equivalent travel document;
  • proof of payment of the fee, if this obligation applies to them;
  • a certificate drawn up [in accordance with the model of the standard form established per the ministerial decree of 28 March 2022] by a higher education institution, proving that they are enrolled at that institution to pursue full-time higher studies or to take a preparatory year, or that they have been admitted for the studies, or that they are enrolled for an entrance examination or test;
  • if they are under eighteen years of age, proof of consent from their parents or, where applicable, the person exercising guardianship;
  • proof that, during their stay, they will have sufficient means of subsistence to avoid becoming a burden on the Belgian social assistance system during their stay;
  • proof that they have or will have health insurance covering all risks in Belgium during their stay;
  • a medical certificate proving that they are not suffering from any of the diseases listed in the annex to the Act of 15 December 1980;
  • if they are over eighteen years of age, an extract from the criminal record or an equivalent document issued by the country of origin or the country of their last residence, which is not older than six months and confirms that they have not been convicted of any crimes or malpractices, under common law.

Enrolments as a or under an examination contract or credit contract will not be considered.[Article 99, fourth paragraph of the Royal Decree of 8 October 1981]

If drawn up in a language other than German, English, French or Dutch, the documents submitted must be accompanied by a sworn translation into one of these four languages.

If all the documents are included with the application, the post or municipal administration will issue a receipt to the applicant.[ to the Royal Decree of 8 October 1981]

If the application for authorisation to stay is submitted to the municipal administration, but the applicant does not actually reside in the territory of the municipality (negative residence test), the municipal administration will not consider the application. [ to the Royal Decree of 8 October 1981]

If all the documents have not been included in the application, the post or municipal administration will inform the applicant of the missing documents that need to be presented in writing. The applicant has 30 days from the date in the letter from the post or municipal authority to submit the missing documents

The third-country national who submits their application in Belgium must submit the missing documents before their residence permit or authorisation to stay expires, even if the 30-day period has not yet expired at the time the residence permit or authorisation to stay expires.

If the applicant submits the missing documents within the 30-day period (or before the residence permit or authorisation to stay expires), they will receive a receipt. In the opposite case, the Immigration Office may declare their application inadmissible and the procedure is closed. [ to the Royal Decree of 8 October 1981]

[Article 61/1/1 of the Act of 15 December 1980]

The Belgian authorities responsible for processing visa applications for higher studies at a higher education institution must make a decision within 90 days of the date on which the Belgian embassy or consulate issued a receipt for the application ( ) to the student who submitted a complete file.

Note: The capacity of the Belgian authorities has been constantly expanding, but it is not unlimited. Every year, the Immigration Office denies a significant number of applications for study visas that could not be examined in time. Thus, a foreigner who applies for a visa too late should be aware that, due to the large number of study visa applications to be examined in a short period of time, the Belgian authorities may not be able to make a decision before the date he/she is expected in Belgium.

Good to know: The processing time for visa applications for studies at a private higher education institution is usually (far) longer, as priority is given to applications for studies at a public higher education institution.

[Article 61/1/1 of the Act of 15 December 1980]

The third-country national whose application is accepted will receive a visa D, the period of validity for which will depend upon the type of certificate issued by the educational institution.

The third-country national who has presented a certificate of enrolment at a higher education institution, in order to pursue full-time higher studies or a preparatory year, will be authorised to reside in Belgium for at least one year.  

The third-country national who has presented a proof of admission to studies or proof of registration for an entrance examination or an entrance test will be authorised to reside in Belgium for four months. At the latest 15 days before the expiration of this authorisation to stay, they will need to submit to the municipal administration for their place of residence a certificate of enrolment at a higher education institution, in order to pursue full-time higher studies or a preparatory year.

The third-country national who was unable to attach to their application proof that they were or will have health insurance covering all risks in Belgium for the duration of his stay will be authorised to stay in Belgium for four months, regardless of the type of certificate presented. At the latest 15 days before the expiration of this authorisation to stay, they will need to submit proof of having health insurance to the municipal administration for their place of residence.

[Article 61/1/3 of the Act of 15 December 1980]

The authorisation to stay in Belgium for more than 90 days to pursue full-time higher studies at a higher education institution in Belgium, or a preparatory year for this education, will be denied to the third-country national in one of the following cases:

  • the conditions for granting an authorisation to stay in Article 60 of the Act of 15 December 1980, have not been met;
  • the third-country national is deemed to pose a threat to public order, national security or public health;
  • the third-country national has used false or misleading information or false or forged documents or has committed fraud or used other unlawful means that contribute to obtaining residency;
  • there is evidence or serious and objective reasons to establish that the stay would serve purposes other than the studies;
  • the higher education institution where the third-country national is enrolled has not fulfilled its legal obligations regarding social security, taxes, workers' rights or working conditions;
  • the higher education institution where the third-country national is enrolled has been penalised for undeclared work or illegal employment;
  • the higher education institution in which the third-country national is enrolled is established or operates with the main purpose of allowing third-country nationals to enter the Kingdom;
  • the higher education institution in which the third-country national is enrolled is subject or has been subject to liquidation or bankruptcy or no economic activity is taking place.

The decision will be made by the Immigration Office.

The third-country national whose application is refused may file an appeal or submit a new application. They must attach the documents proving that they are not in any of the above cases to the application.

Visa D-holders must present themselves to the municipal administration for their place of residence within 8 days of their arrival in Belgium.

[Article 102 of the Royal Decree of 8 October 1981]

If they actually reside on the territory of the municipality (positive residence test), the municipal administration will issue an A card marked "student" to the third-country national who has submitted along with their application a certificate of enrolment and health insurance.

If they actually reside on the territory of the municipality (positive residence test), the municipal administration will issue a certificate of immatriculation to the third-country national who has submitted proof of admission to the studies, or proof of enrolment for an entrance exam or an entrance test, and to the student who has submitted no health insurance along with their application. From entry into Belgium, this certificate of immatriculation is valid for four months. At the latest 15 days before the expiration of the certificate of immatriculation, the third-country national will need to submit to the municipal administration proof of enrolment and/or health insurance. Failure to produce such document(s) in a timely manner will result in an order to leave the territory.[Annex 12 to the Royal Decree of 8 October 1981]