The annexes referred to in the text are annexes to the Royal Decree of 8 October 1981.
Article 25/2 of the Royal Decree of 8 October 1981 allows a person who is legally resident in Belgium and meets the conditions for a residence permit to submit an application to the mayor of the locality in which they reside.
However, article 25/2 does not apply:
- to applicants for international protection;
- to third country nationals who have lodged a suspensive appeal against a decision of the Immigration Office or the Office of the Commissioner-General for Refugees and Stateless Persons and who hold an annex 35;
- to third country nationals who submit an application for residence on the basis of Article 10bis of the Law (family reunification);
- to third country nationals who apply for a work permit as referred to in Article 61/25-1 of the Law, on the basis of Article 61/25-2.§2 of the Law (single permit);
- to third country nationals who apply for a work permit as referred to in Article 61/26 of the Law, on the basis of Article 61/27-1.§§2 or 3 of the Law (European Blue Card)
The applicant must be authorised or admitted to stay in Belgium for a maximum of 90 days (short stay), or for more than 90 days (long stay), at the time the application is submitted.
The short stay may be proven by a valid declaration of arrival (Annex 3), or a valid national passport with an entry stamp or, where applicable, a valid visa.
The long stay can be proven by a valid A-card.
Applicants wishing to exercise a professional activity in Belgium must reside in the locality where they submit their application and present the following documents:
- a B work permit, a professional card, or a certificate issued by the competent public authority exempting them from this obligation, or any other proof deemed sufficient by the competent ministers to attest to this exemption;
- a medical certificate;
- a certificate confirming the absence of convictions for crimes or misdemeanours under common law, if they are older than 18 years old.
If the applicant actually resides in the locality and if the documents are presented, the municipal administration will register the applicant on the Register of foreign nationals and issue them with an A card (limited stay). If the applicant already holds an A card, the administration will inform them that the residence permit has been granted.
If the applicant does not actually reside in the locality and/or if the documents are not presented, the municipal administration will not consider the application. It will inform the applicant with an Annex 40 and send a copy to the Immigration Office.
A third country national who does not wish to exercise a professional activity in Belgium must reside in the locality where they submit the application and prove that they meet the conditions laid down by the Law of 15 December 1980 or the Royal Decree of 8 October 1981 for being authorised to stay for more than 90 days on another basis.
If the applicant actually resides in the locality and submits this proof, the municipal administration will issue them with a document certifying the submission of the application. It will then forward it to the Immigration Office for examination and decision.
If the applicant does not actually reside in the locality and/or if they do not present this proof, the municipal administration will not consider the application. It will inform the applicant with an Annex 40 and send a copy to the Immigration Office.
If the Immigration Office grants a residence permit, the administration will register the applicant in the Register of foreign national and issue them with an A card (limited stay). If the applicant already holds an A card, the administration will inform them that the residence permit has been granted.
If the Immigration Office considers that the applicant does not meet the conditions for granting a residence permit, it will reject the application and, if necessary, will issue an order to leave the country. An appeal may be lodged against this decision. However, this appeal does not have suspensive effect. The decision rejecting the application for an entry residence permit will therefore take effect immediately.
Foreign nationals who wish to extend their stay beyond the date set by the Immigration Office must apply for the renewal of their residence permit (A card) between the 45th and 30th day prior to this date, and present documents proving that they meet the requirements for the renewal of the residence permit.
The above information is not exhaustive. It is therefore recommended that the reference texts be read in full:
- Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals (articles 9, 9bis and 9quater);
- Royal Decree of 8 October 1981 on access to the territory, residence, settlement and removal of foreign nationals;
- Circular of 21 June 2007 on the changes in the regulations on the residence of foreign nationals following the entry into force of the Law of 15 September 2006.
http://www.ejustice.just.fgov.be/cgi_loi/loi.pl