Third-country nationals, who are linked with a hosting agreement to a research organization recognized in Belgium, can benefit from new legislation regarding the researchers. They can do so through short-term mobility (up to maximum 180/360 days) or long-term mobility (more than 180/360 days with no maximum duration).
Third-country nationals who have already obtained a researcher's permit in another Member State and are conducting part of their research project in Belgium and who wish to stay or reside in Belgium in this capacity for up to 180 days/360 days can come and conduct this research in Belgium via short-term mobility.
The family member who joined the researcher in the first member state and obtained a residence permit there may join the researcher during short-term mobility.
Short-term mobility can start from the notification and subject to having a valid authorisation for researchers issued by the first member state.
The family member must also have completed the notification and be in possession of a authorisation issued by the first member state before coming to Belgium.
Submission of application for short-term mobility for researchers (notification procedure)
In order to come and carry out part of the research project within short-term mobility in Belgium, no application has to be submitted, but the Immigration Office is notified of the researcher's arrival within the framework of short-term mobility. Before this mobility starts in Belgium, the research institute abroad or in Belgium notifies the researcher's intention to perform genuine short-term mobility by sending the completed notification form and necessary supporting documents to the Immigration Office.
If necessary, the notification is supplemented with the information on the family member joining the researcher in Belgium. The notification must be supplemented at the latest before the researcher's arrival in Belgium.
The notification form to be completed can be found here:
The research organisation shall attach the following documents to the notification:
- The valid researcher's permit issued by the first Member State covering at least the period of short-term mobility;
- a copy of the valid passport or equivalent travel document;
- a hosting agreement concluded with a research organisation approved in Belgium or, if he does not have one, the hosting agreement concluded with the research organisation in the first Member State;
- if this is not apparent from the hosting agreement, proof of the envisaged duration and dates of the mobility;
- proof that during the planned stay the researcher will have sufficient means of subsistence to meet the costs of return to the first Member State and to avoid becoming a burden on the social assistance system of the State during his/her stay.
- if the researcher is over 18 years of age, an extract from the criminal record or equivalent document, and, where appropriate, its legalised translation, issued by the country of origin or the country of last residence, which is not older than six months and confirms that he has not been convicted of crimes or misdemeanours of common law.
Submissions, if in a language other than one of the three national languages or English, must be accompanied by a certified translation into one of the three national languages or English.
The researcher's family member shall attach the following documents to the notification:
- the valid researcher's family member permit issued by the first member state covering at least the period of short-term mobility;
- a copy of his/her valid passport or equivalent travel document;
- proof that the researcher or his family member will have sufficient means of subsistence during the planned stay to cover the return costs for the family member to the first Member State and to support himself without recourse to the social assistance system of the State;
- if the family member is over 18 years of age, an extract from the criminal record or equivalent document and, where appropriate, his legalised translation, issued by the country of origin or the country of his last residence, which is not older than six months and confirms that he has not been convicted of crimes or misdemeanours under common law.
Documents submitted, if in a language other than one of the three national languages or English, must be accompanied by a legalised translation into one of the three national languages or English.
Treatment period
Since no official application is required to be submitted, no decision is made on the researcher's stay during the short-term mobility either. However, the Immigration Office may, within 30 days after a complete notification of the short-term mobility has been provided to them, object to the researcher's arrival under the short-term mobility.
If an objection is raised by the Immigration Office within this period, the mobility cannot proceed. If the mobility had already started, the mobility in Belgium will be terminated immediately.
If no objection is raised by the Immigration Office within this period, the short-term mobility is approved.
Point of attention: The researcher should not wait for this 30-day objection period to start the short-term mobility to Belgium and start carrying out the research project already.
Proof of short mobility in Belgium (annex 62)
Upon arrival in Belgium, the researcher should go to the commune of his place of residence as soon as possible, and at the latest within 3 working days, to obtain a short-term mobility document.
The local authority will issue a short-term mobility certificate (a so-called "Annex 62") on presentation of the following documents:
- the residence permit for researcher or family member of a researcher issued by the first member state that is valid at least for the duration of the planned stay;
- a valid passport valid for at least the duration of the planned stay;
- If applicable, the hosting agreement concluded by the researcher with an approved research institution in Belgium or another document showing the duration of the stay;
- If the application is submitted by the family member of a researcher, proof that the researcher resides in Belgium.
Under short-term mobility, the researcher and his/her family member will not be registered in the records at the municipality and no residency check will take place.
The short-term mobility certificate (Annex 62) is valid for the duration of the planned stay with a maximum of 180 days. Admission to the labour market is "limited" for the researcher.
Labour market admission is "unlimited" for the family member joining the researcher.
Point of attention: It is recommended to take into account the possible waiting period to obtain an appointment at the municipal administration.
Right of residence as a researcher in short-term mobility
The researcher's stay in Belgium under short-term mobility relies on the researcher's permit issued to the researcher by the first member state. It is therefore important that this permit from the first member state is valid throughout the period of short-term mobility in Belgium and, if necessary, has already been renewed in the first member state.
End of the short-term mobility
If the researcher needs to continue working on the research project in Belgium, the researcher can switch to long-term mobility at the end of the short-term mobility. An application must be submitted for this.
The researcher who has exercised short-term mobility in Belgium can apply for a stay to seek employment or set up a company when the entire research project for which he was hired is completed. This can be done immediately if the research project was completed in short-term mobility in Belgium or after the research project was completed in another Member State.
Switch to the single permit or switch to an authorisation for researcher
If the research organisation in Belgium wishes to continue employing the researcher after the research project of the researcher in the first member state, or after the short-term mobility, the research organisation should apply for a researcher's permit as an employer. Alternatively, the researcher may be employed as a regular employee by the research institution or find another employer where he/she does not work as a researcher. In either case, an application for a combined licence must be submitted.