In order for trainees to complete a traineeship in Belgium, they need a trainee permit. This permit is issued to the trainee when all conditions are met in the context of the traineeship and for the permit.
The trainee must be a third-country national with a higher education degree* in his/her possession. As an employer, you should organise the traineeship so that the trainee will gain knowledge, practice and experience in the professional world.
The permit must be applied for by you as the employer from the competent regional government in the form of an authorisation to work, which will then be considered as an application for a trainee permit. When you submit this application, the trainee must still be in the country outside the EU. Only when the trainee is already authorised for a long stay (i.e. more than 90 days) in Belgium, an exception is made and you may submit the application while the trainee is already on Belgian territory. This exception applies only if the trainee permit is applied for before this long-term residence authorisation in Belgium expires.
*If the trainee does not yet have this diploma, but is following training/studies in the EU or third country for this purpose, he/she can also come to Belgium as a trainee.
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Submission of application for trainee permit (single permit)
The application process for a trainee permit is a "single application process," where the permit includes both a residency authorisation (residency component) and authorisation to work (work component). For the permit, the supporting documents for both the work component and the residency component must be submitted with the application. The Immigration Office is the competent authority for the residency component and will review the application in this regard. The work component is reviewed by the appropriate region or by the German-speaking community.
The host entity or employer applies for this trainee permit from the competent regional authority in the form of an application for authorisation to work, which will then be considered as an application for a trainee permit.
The host entity or employer must attach the following documents related to the stay, to the application:
- proof of payment of the fee;
- a copy of their valid passport or a copy of an equivalent travel document;
- The traineeship agreement entered into by the trainee;
- proof of sufficient means of subsistence, covering the cost of the return trip and avoiding that the trainee becomes a burden on the social assistance system. The employer or host entity may choose to act as a guarantor to cover the cost of stay, living expenses and accommodation throughout the stay in the territory;
- if the trainee is staying with the host entity or employer for the entire stay, the application must include proof that the trainee will have adequate housing during his/her stay. This can be proven by means of a written declaration of housing or, a rental or sub-rental agreement signed and registered by the person concerned, or any document from a judicial or administrative authority authorised to do so and proving that the housing is adequate;
- proof that the trainee has or will have health insurance covering all risks in Belgium during their stay;
- a medical certificate proving that the trainee is not suffering from any of the diseases listed in the annex to the Act of 15 December 1980;
- if the trainee is over 18 years of age, an extract from the criminal record or an equivalent document, and where appropriate a sworn translation, issued by the country of origin or the country of their last residence, which is not older than six months and confirms that the trainee has not been convicted of any crimes or offences, under common law.
- a written commitment by the host entity or employer that, if the trainee is residing illegally within Belgian territory, it will reimburse the costs paid from public funds for his/her stay and return.
These documents must in any case show the following information:
- Belgian diplomatic or consular post where the visa will be applied for;
- e-mail address of the employer and trainee
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.
Processing time
If all documents are attached to the application, the regional authority competent for work and the IO will start the examination of the application. As soon as possible, but at the latest within 90 days, the authorities will make a decision on this application.
However, if not all required documents are attached to the application, the applicant will be asked to complete the file with the missing or additional documents within 15 days. As long as the application is not filled in and complete, the 90-day processing period will not start and the application will not yet be examined.
Note: Given the 90-day processing period, it is therefore best for the employer to submit the application to the regional government at least 90 days prior to the desired start date of the traineeship. If the trainee is already authorised for long stay in Belgium, it is best to submit this at least 90 days before the expiration of this authorisation for long stay.
The trainee needs to collect the long-stay visa him or herself from the diplomatic or consular post if still outside the EU.
The list of Belgian embassies and consulates is published on the FPS Foreign Affairs site (www.diplomatie.belgium.be).
Note: In most countries, the embassies and consulates will be collaborating with a third-party service provider (VFS Global or TLS Contact). This service provider manages appointments and receives visa applications. It is strongly recommended to read the practical information published on the service provider's sites before taking any steps.
Provisional residence document (annex 49).
Upon arrival in Belgium, the trainee will go to the municipal authority of his/her place of residence as soon as possible, and at the latest within 8 working days, to be registered in the foreigners' register. The municipality will also send a district agent to verify that the trainee is indeed staying at the stated place of residence. If this check is positive, the trainee will receive the trainee permit. However, since it takes some time to create the electronic card (A-card) for this permit, the municipality will issue a provisional residence document to the trainee (Annex 49). This allows the trainee to start the traineeship immediately. The trainee does not therefore have to wait for the trainee permit before starting the traineeship.
Note: It is recommended to take into account the possible waiting period to obtain an appointment at the municipal authority.
Residence rights as a trainee
As regards the rules on the single permit, the trainee permit (A-card) contains both a residence permit and an authorisation to work. The granted duration of the residence permit is equivalent to the granted duration of the authorisation to work by the regional government competent for work. The duration of the authorisation to work therefore determines the duration of the entire permit for trainees and is determined by each regional government in its legislation on employment of foreign workers.
The duration of the trainee's permit will be limited to the duration of the traineeship and will not exceed 6 months.
Whether it can be renewed depends on whether it is allowed by the regional government competent for work. If the traineeship is done in a region that allows the permit to be renewed, you can renew it according to the rules below.
You may choose to extend the traineeship at the end of the initial traineeship agreement. To do so, you need to renew the trainee permit. Indeed, not all regional governments in Belgium allow the permit to be renewed in their legislation. If the renewal of the trainee permit is granted, you need to renew the trainee permit according to the renewal procedure.
You apply for the renewal of the trainee permit to the competent regional government according to the combined application procedure, in the form of an application for an authorisation to work.
This renewal should be requested no later than two months before the expiration of your first permit as a trainee.
You need to attach the following documents to the application:
- proof of payment of the fee;
- a copy of the valid passport or a copy of an equivalent travel document;
- A copy of the valid trainee permit;
- the renewed traineeship agreement;
- proof of sufficient means of subsistence, covering the cost of the return trip and avoiding that the trainee becomes a burden on the social assistance system. The employer or host entity may choose to act as a guarantor to cover the cost of stay, living expenses and accommodation throughout the stay in the territory;
- if the trainee is staying with the host entity or employer for the entire stay, the application must include proof that the trainee will have adequate housing during his/her stay. This can be proven by means of a written declaration of housing or, a rental or sub-rental agreement signed and registered by the person concerned, or any document from a judicial or administrative authority authorised to do so and proving that the housing is adequate;
- proof that he has or will have health insurance covering all risks in Belgium during their stay;
- a written commitment by the host entity or employer that, if the trainee is residing illegally within Belgian territory, it will reimburse the costs paid from public funds for his/her stay and return.
These documents must in any case show the following information:
- Belgian diplomatic or consular post where the visa will be applied for;
- e-mail address of the employer and trainee
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.
Processing time
If all documents are attached to the application, the regional authority competent for work and the IO will start the examination of the application. As soon as possible, but at the latest within 90 days, the authorities will make a decision on this application.
However, if not all required documents are attached to the application, the applicant will be asked to complete the file with the missing or additional documents within 15 days. As long as the application is not filled in and complete, the 90-day processing period will not start and the application will not yet be examined.
If the trainee permit expires during the renewal procedure, the trainee will receive a provisional residence document (Annex 49) allowing him/her to reside in Belgium as a trainee pending the decision on renewal. To do so, however, the application must be complete and submitted before the trainee permit expires. The provisional residence document is valid for 30 days and can be renewed once for the same duration.
Note: Given the 90-day processing period, it is therefore best for the employer to submit the renewal application to the regional government at least 90 days prior to the renewal application.
Renewal of the trainee permit
When a positive decision to renew the trainee permit has been made, you and the trainee will receive this positive decision with an Annex 46. With this annex, the trainee goes to the municipal authority and applies for the renewal of the permit there. The mayor will renew the permit immediately after the trainee submits the Annex 46 to the municipal authority.
If the residence permit is being renewed, the trainee permit will be renewed for the duration necessary to complete the traineeship (if the regional government's legislation allows it to be renewed). The renewed trainee permit is valid for the same length of time as the additional traineeship period.
The traineeship comes to an end
If the traineeship is not renewed and comes to an end, the trainee must leave Belgian territory.
The traineeship is extended
If the traineeship is extended, you, the employer, will enter into a renewed traineeship agreement that shows the length of time the traineeship will be extended. To do so, you must renew the trainee permit. If the renewal of the trainee permit is granted by the competent region, you must renew the trainee permit according to the renewal procedure (see above).
Employing the trainee as an employee
If you wish to employ the trainee as an employee after the traineeship, you must apply for a combined permit to employ them as a future employee. The combined permit is applied for through the single application process.