[Articles 61/13/12 of the Act of 1980 and 105/89 van de Royal decree of 1981]
Upon completion of the research in Belgium, the third-country national may request to be authorised to extend his/her stay by up to 12 months in order to seek employment or set up a business.
This provision also applies to the third-country national who uses or has used his right to mobility in Belgium to carry out part of the research project. Both researchers who have come to Belgium in short-term and long-term mobility can benefit from this. It does not have to follow upon the mobility in Belgium immediately, but it has to follow immediately upon the completion of the research project.
The third-country national must submit his application to the municipality of the place of residence, at the latest 15 days before his A-card expires.
The following documents shall be attached to the application:
- proof of payment of the fee;
- a valid passport or equivalent travel document;
- proof that the research project has been completed;
- proof that he has health insurance covering the risks in Belgium;
- proof that he has sufficient means of subsistence.
Good to know: the amount of sufficient resources available to the researcher cannot be less than the amount of the Belgian social integration income. The researcher must present proof that he/she has resources at least equal to the monthly amount of the RIS, multiplied by 12, in a bank account opened in his/her name. The amount of RIS depends on the beneficiary's family situation.
If the application is submitted within the deadline and all documents are attached, the commune will issue a receipt to the applicant [Annex 33ter of the Royal Decree of 8 October 1981].
If the application is not submitted within the deadline, the Immigration Office may declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981]
If the application is submitted within the deadline, but not all documents are attached, the municipality shall inform the applicant in writing of the missing documents to be submitted. The applicant has a period of 15 days from the date in the letter from the municipality to submit the missing documents.
If the applicant submits the missing documents within the 15-day period, he will receive a receipt. However, if he does not submit the missing documents within the deadline, the Immigration Office may, on the other hand, declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981]
If the application is admissible, the Immigration Office must make a decision within a period of 90 days from the date of the receipt of the application. This decision shall be served on the applicant by the commune.
If the Immigration Office cannot take a decision before the expiry of the A-card, the commune will hand the researcher an attestation provisionally covering his stay in Belgium. This certificate is valid for 45 days and can be extended twice by the same period. [Annex 15 of the Royal Decree of 8 October 1981]
Authorisation to extend his stay for a maximum of 12 months, in order to seek employment or set up a business, is granted to the applicant unless he does not meet the conditions for granting this authorisation or is deemed to pose a threat to public order, national security or public health.
If the authorisation is granted, the applicant will receive an A-card marked "werk zoeken" or ””recherché d’emploi” which is valid for 12 months from the date of issue. If the researcher has already received an Annex 15, the 12-month period is calculated from the date of issue of the Annex 15.
If the authorisation is refused, the researcher will receive an order to leave the territory.
The third-country national must submit his application to the Belgian diplomatic or consular post competent for his place of residence at the latest 15 days before the expiry of the authorisation for researchers issued by another European Union member state.
He must enclose the following documents with his application:
- Payment of the fee;
- valid passport or travel document valid as such;
- proof of completion of the research project;
- proof that, in the context of mobility, he is staying or has stayed in Belgium, as a second Member State of the European Union;
- proof that he has sickness insurance covering the risks in Belgium;
- proof that he has sufficient means of subsistence.
Good to know: the amount of sufficient resources available to the researcher cannot be less than the amount of the Belgian social integration income. The researcher must present proof that he/she has resources at least equal to the monthly amount of the RIS, multiplied by 12, in a bank account opened in his/her name. The amount of RIS depends on the beneficiary's family situation.
If the application is submitted within the deadline and all documents are attached, the diplomatic or consular post will issue a receipt to the examiner. [Annex 33ter of the Royal Decree of 8 October 1981]
If the application is not submitted within the deadline, the Immigration Office may declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981]
If the application is submitted within the deadline but not all documents are attached, the post shall inform the applicant in writing of the missing documents to be submitted. The applicant has a period of 15 days from the date in the post's letter to submit the missing documents. The applicant has a period of 15 days from the date in the letter from the diplomatic post to submit the missing documents.
If the applicant submits the missing documents within the 15-day period, he will receive a receipt. However, if he does not submit the missing documents within the deadline, the Immigration Office may, on the other hand, declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981]
If the application is admissible, the Immigration Office must take a decision within a period of 90 days from the date of the receipt of the application. This decision is notified by the diplomatic or consular post.
Authorisation to stay in Belgium for a maximum of 12 months, in order to seek employment or set up a business, is granted to the applicant unless he does not meet the conditions for the granting of this authorisation or is deemed to pose a threat to public order, national security or public health.
If the authorisation is granted, the researcher will receive a visa D (national long-stay visa).
During the year granted to find work or set up a company, the third-country national may not be a burden on the Belgian public authorities.
During this year, he must:
- actively look for work that will enable him to apply for a combined permit as a salaried worker; or
- take the necessary measures to comply with all legal obligations to exercise a self-employed activity as a natural person or with a legal person or any other organisation without legal personality.
The Immigration Office may put an end to the stay if, during the follow-up of the file, it appears that the third-country national no longer meets the conditions for the granting of the authorisation to stay, or that he has no reasonable chance of being recruited by an employer or establishing a business.
During the year granted to find employment or set up a business, the third-country national has unrestricted access to the labour market. During this period, he can therefore work legally.
Point of attention:: Temporary access to the labour market is granted only to enable the third-country national to earn a living while waiting for a residence permit as an employee or self-employed person. Consequently, the employer who wants to employ this person is recommended to quickly apply for a combined permit from the competent region.
The foreigner who wants to establish himself as a self-employed person in Belgium is also recommended to apply for a professional card for foreigners as soon as possible, so that the competent region has sufficient time to check whether the envisaged activity provides added value for the Belgian economy. The information on the professional card and the steps to be taken to start working as a self-employed person in Belgium are published on the regions' website.
https://www.vlaanderen.be/beroepskaart-voor-buitenlandse-ondernemers
https://economie-emploi.brussels/carte-professionnelle
https://emploi.wallonie.be/home/travailleurs-etrangers/carte-professionnelle.html
In the following cases, the Immigration Office may put an end to the residence permit granted to a third-country national after his/her research to seek work or set up a company:
- if, at the earliest three months after the issue of the residence permit, the Minister or his authorised representative requests the third-country national to demonstrate that he has a reasonable chance of being recruited by an employer or of starting a business and he is unable to demonstrate this within a period of 15 days after this request;
- if he no longer meets the conditions for the granting of the residence permit;
- if he is deemed to pose a threat to public order, national security or public health.