As a general rule, third-country nationals wishing to work in Belgium for more than 90 days must submit an application for a work permit to the authorised Region via their employer (One Stop Shop - OSS). This application for a work permit is equivalent to an application for a residence permit ( ).
If the application is accepted, the Immigration Office issues a single permit certifying the holder is authorised to stay and work in Belgium for more than 90 days.
Good to know: Since 1st January 2023, when a foreigner has already received an authorisation for a short or a long stay in Belgium, this person can also apply for a single permit or EU Blue Card (this is not the case for temporary stays awaiting a decision). This provision only concerns the possibility of applying from Belgium (and not from abroad). All other conditions remain unchanged.
Some workers, such as au pair youth or those working in Belgium for less than 90 days, remain under the old procedure (work permit B).
One-stop counter
The application has to be done by an employer based in Belgium. After you have submitted your application using the one-stop counter (https://www.international.socialsecurity.be/working_in_belgium/en/single-permit.html), your dossier is automatically transferred to the competent region.
To find out more about the conditions, procedures and all other required information to submit your application, please consult the website of each region in particular:
Applying for a work permit is equivalent to applying for a residence permit (single application).
Documents
The application for a work permit must be accompanied by documents relating to residence and work.
The documents related to the stay are:
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proof of payment of the fee;
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a copy of the applicant's valid passport or travel document in lieu thereof;
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proof of sufficient means of subsistence, the duration of the applicant's employment as a worker and, where applicable, the VAT number of the employer;
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an extract from the criminal record or an equivalent document if the applicant is over 18 years of age;
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proof that the applicant has health insurance covering all risks in Belgium for themselves and their family.
The Immigration Office may request additional information and documents from the applicant during the examination.
Information on documents related to the work is published on the Regions' website.
The Region will confirm receipt of the application and check that the file is complete.
If the file is incomplete, the Region gives the applicant 15 days to complete it. If the applicant does not complete the application within this period, the Region will declare the application inadmissible.
If the file is complete when the application is submitted or completed within the 15-day period mentioned above, the Region will declare the application admissible.
The date on which the Region declares the application admissible is the starting point of a dual deadline.
An initial period of 15 days within which the Region must send a copy of the file to the Immigration Office.
A second period of 4 months within which the Region and the Immigration Office must decide on the single application. The Region or the Immigration Office may extend this second deadline in exceptional circumstances related to the complexity of the application.
If the Region and the Immigration Office do not make any unfavourable decision within the 4-month deadline, potentially extended, the residence and work authorisations will be considered as being granted.
The Immigration Office will inform the applicant with an . The Immigration Office will also notify the employer, municipal administration, or Belgian diplomatic/consular post indicated in the single application.
The Region will examine whether the worker can be authorised to work, and the Immigration Office will determine whether the worker can to stay in Belgium for more than 90 days.
There are four possible cases:
- The Region refuses the work permit → it will notify the worker of its decision and inform the employer and the Immigration Office. The procedure is complete.
- The Region grants the work permit → it transmits its decision to the Immigration Office. The procedure continues.
- The Immigration Office refuses the residence permit → it communicates its decision to the worker with , and informs the employer and the Region. The procedure is complete.
- The Immigration Office grants the residence permit → the work permit and the residence permit are incorporated in a single administrative act by , and the decision is communicated to the worker, the employer and the municipal administration, or the Belgian diplomatic and consular post, informed in the application.
A worker who has indicated a foreign address in their application for a work permit must apply for a D visa (national long-stay visa) at the Belgian diplomatic or consular post competent for their residence.
The post will issue the visa on presentation of a valid passport and the decision granting a ( or 47), provided that the decision presented by the worker corresponds in every respect to the decision notified to the post by the Immigration Office.
The national indication B34 on the D visa means the worker has received a single permit. The indication B29 means the worker is highly qualified (EU Blue Card).
The worker must apply for registration in the register of foreign nationals of the place of residence and for the issue of a single permit within 8 working days of entering Belgium. They must present their passport, the decision granting a single permit (Annex 46 or 47), the decision granting the work permit and the decision granting the residence permit.
The municipal administration gives the worker an , which covers their stay temporarily for 45 days, pending the outcome of the residence check. The Annex 49 may be extended twice for 45 days (2 X 45 days).
If the residence check is positive, the municipal administration will issue the worker an A card. This residence permit bears a reference to access to the labour market (single permit).
The Immigration Office will send the decision to grant a ( or 47) to the worker and a copy to the municipal administration of the place of residence indicated in the single application.
The worker must apply for registration in the register of foreign nationals and for the issue of a single permit within 8 working days following receipt of Annex 46 or 47. They must present their passport, Annex 46 or 47, the decision granting the work permit, and the decision granting the residence permit.
The municipal administration gives the worker which covers their temporary stay for 45 days, pending the outcome of the residence check. The Annex 49 may be extended twice for 45 days (2 X 45 days).
If the residence check is positive, the municipal administration will issue the worker an A card. This residence permit bears a reference to access to the labour market (single permit).
Residence and work permits granted for a limited period
A worker authorised to work and reside for a limited period must apply for the renewal of the work permit from the Region at the latest 2 months before the A card ( ) expires (through their employer). This application is equivalent to an application for renewal of the residence permit.
Suppose the Region and the Immigration Office do not decide before the expiry of the A card. In that case, the municipal administration will issue an to the worker, provided that they present a document issued by the Region attesting to the admissibility and completeness of their renewal application. Annex 49 covers their stay temporarily for 30 days and can be extended twice, for 30 days (2 X 30 days). However, Annex 49 does not entitle the holder to work (indication "Labour Market: No").
Can I work with an Annex 49?
If the Region has renewed your work permit, you can work, and the commune will circle "Labour Market : LIMITED" on the Annex 49. On the other hand, if the Region has not renewed your work permit, you cannot work, and the municipality will circle the words "Labor Market: NO" on Annex 49.
Residence permit granted for a limited period and work permit granted for an unlimited duration
The residence permit granted by the Immigration Office remains limited to 5 years. As such, when the Region gives a work permit for an unlimited period within these five years, the worker only has to apply for the renewal of the residence permit to the municipal administration, at the latest two months before the A card's expiry date (single permit).
The municipal administration will provide the worker with an , provided that they present the following documents:
- a copy of their valid passport or travel document in lieu thereof;
- proof of sufficient means of subsistence, the duration of the applicant's employment as a worker and, where applicable, the VAT number of their employer;
- proof that they have health insurance covering all risks in Belgium for themselves and their family members;
- the decision of the Region authorising them to work for an unlimited period.
Annex 50 is valid for 30 days and can be extended twice for 30 days (2 X 30 days).
The municipal administration sends the application for renewal of the residence permit and the documents to the Immigration Office, which makes its decision within 4 months, which may be extended.
If the worker does not present the documents, the municipal administration will not consider the application ( ) and will send a copy of its decision to the Immigration Office.
If the Immigration Office renews the residence permit, it will forward its decision to the municipal administration ( ). The administration then issues the worker with an A card (limited stay) or a B card (unlimited stay), depending on the case, with the indication "Labour market: unlimited".
If the Immigration Office refuses to renew the residence permit, it will notify the worker of its decision ( ).
If the Immigration Office does not take a negative decision within the 4-month period, which may be extended, it will send an to the municipal administration. The administration then issues the worker with an A card (limited stay) or a B card (unlimited stay), depending on the case, with the indication "Labour market: unlimited".
Residence permits granted for an unlimited period
The residence permit granted by the Immigration Office remains limited for 5 years. The residence permit is then renewed for an unlimited period, provided that the worker meets the following conditions:
- they are not in one of the cases stated in Article 3, 5° to 10° of the law;
- they are not dependent on the Belgian welfare system;
- they are not staying for purposes other than those they have been authorised to remain.
The worker authorised to stay for an unlimited period is issued with a B card, indicating "Labour market: unlimited".
The Immigration Office may terminate the stay of a worker for the following reasons:
- they are in one of the cases stated in Article 3, 5° to 10° of the law;
- they are dependent on the Belgian welfare system;
- they are staying for purposes other than those they have been authorised to remain.
When the Immigration Office terminates the stay ( ), the work permit automatically expires. The work permit is only valid if the residence permit is granted.
If the Region terminates the work permit, the residence permit is automatically terminated 90 days after the end of the work permit unless the Immigration Office decides to remove it earlier. The residence permit is only valid if a work permit is granted.
If the A card expires during the 90 days, the municipal administration will issue an to the worker. This document does not give access to the labour market.
The family members receive the same document with the same validity period.
- Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State;
- Cooperation agreement between the Federal State, the Walloon Region, the Flemish Region, the Brussels-Capital Region and the German-speaking Community on the coordination of policies for granting work permits and residence permits, and on standards relating to the employment and residence of foreign workers;
- Law of 22/7/2018 amending the law of 15/12/1980 on access to the territory, residence, settlement and removal of foreign nationals;
- Royal Decree of 12/11/2018 amending the Royal Decree of 8/10/1981 on access to the territory, residence, settlement and removal of foreign nationals.