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Frequently asked questions
WORKING AS AN EMPLOYEE IN BELGIUM
STUDY IN BELGIUM
WORKING AS SELF-EMPLOYED IN BELGIUM
HUMANITARIAN STAY
A VISA FOR BELGIUM?
FREE MOVEMENT OF EUROPEANS
JOIN YOUR FAMILY
BELGIAN NATIONALITY
WHY BELGIUM?
This is the residence permit required for salaried workers
When a foreigner "outside the European Union" wants to work in Belgium as an employee for more than 90 days, his employer must submit a single application for him which will allow the said worker to obtain in a single document:
• A work permit
• And a residence permit.
This is why we call this residence permit the SINGLE permit.
Please note, if the authorities learn that the worker is in Belgium without a residence permit when the application for a single permit is submitted by his employer, the application for a single permit will automatically be refused!
WHERE TO APPLY?
IN ALL CASES THE EMPLOYER MUST APPLY FOR A SINGLE PERMIT WITH THE REGION CONCERNED.
This is the region in which the worker will be physically occupied.
• If the employer has several establishments, it is the region where the employee is mainly employed that will then be competent.
• If the main place of employment cannot be determined, the region in which the company's registered office is located is competent.
• If the employer does not have a registered office or establishment in Belgium, it is the region where the employee carries out his activities that is competent.
WHAT HAPPENS WHEN THE WORKER IS ABROAD?
In this case, once the single permit has been granted by the region, the worker must request a type D visa from the competent Belgian diplomatic post in his country of residence.
This is the country corresponding to the address mentioned for the worker in the single permit application.
Once in Belgium, the worker will then have to request the issuance of his single permit from his future municipality of residence.
WHAT HAPPENS WHEN THE WORKER IS IN BELGIUM?
If the worker has:
• Either a declaration of arrival in Belgium;
• Either a residence permit as a student or as a researcher;
Then, the request for a single permit can mention the address in Belgium of the worker, and the latter can present himself directly to his municipality to receive his single permit.
WHO MAKES A DECISION?
The Immigration Office and the Region process the application jointly, and both take a decision on the matter that concerns them.
• The region concerned decides on the authorization to work
• The Foreigners Office decides on the residence permit.
Some useful links:
• The list of professions for which there is a significant shortage of labor -work in the 3 regions in Belgium as well as the studies that prepare for a profession in shortage(https://www.belgium.be/fr/emploi/recherche_d_emploi/marche_du_travail/metiers_en_penurie)
• Job offers in the Brussels-Capital Region< /a>(https://www.actiris.brussels/fr/citizens/job-offers/)
• Job offers in the Walloon Region(https://www.leforem.be/index.html)
• Job offers in the Flemish Region(https://www.vdab.be/jobs)
• The Seek A Job site: A mine of information (http://www.seekajob.be/index.php?page=accueil)
Il s'agit d'une autorisation de travailler et de séjourner requis pour les travailleurs salariés.
Lorsqu'un étranger "hors union européenne" veut travailler en Belgique comme salarié pendant plus de 90 jours, son employeur doit introduire pour lui, une demande unique qui permettra audit travailleur d'obtenir dans un seul document :
• Une autorisation de travailler;
• Et une autorisation de séjour.
C'est pour cela qu'on appelle cette procédure le permis UNIQUE.
Attention, si les autorités apprennent que le travailleur se trouve en Belgique sans titre de séjour lors de l’introduction de la demande de permis unique par son employeur, la demande de permis unique sera d’office refusée !
Vous remplissez les conditions ? Vérifier les conditions de délivrance d’un permis unique avec le Cabinet d’avocats Lexpat.
Vous avez encore des questions n'hésitez pas à nous contacter via notre adresse mail : lexpat@lexpat.be
IN ALL CASES THE EMPLOYER MUST APPLY FOR A SINGLE PERMIT WITH THE REGION CONCERNED.
This is the region in which the worker will be physically occupied.
• If the employer has several establishments, it is the region where the employee is mainly employed that will then be competent.
• If the main place of employment cannot be determined, the region in which the company's registered office is located is competent.
• If the employer does not have a registered office or establishment in Belgium, it is the region where the employee carries out his activities that is competent.
WHAT HAPPENS WHEN THE WORKER IS ABROAD?
In this case, once the single permit has been granted by the region, the worker must request a type D visa from the competent Belgian diplomatic post in his country of residence.
This is the country corresponding to the address mentioned for the worker in the single permit application.
Once in Belgium, the worker will then have to request the issuance of his single permit from his future municipality of residence.
WHAT HAPPENS WHEN THE WORKER IS IN BELGIUM?
If the worker has:
• Either a declaration of arrival in Belgium;
• Either a residence permit as a student or as a researcher;
Then, the request for a single permit can mention the address in Belgium of the worker, and the latter can present himself directly to his municipality to receive his single permit.
Here are some useful links that will allow you to find a job in one of the 3 Regions of Belgium
• Job offers in the Brussels-Capital Region< /a>(https://www.actiris.brussels/fr/citizens/job-offers/)
• Job offers in the Walloon Region(https://www.leforem.be/index.html)
• Job offers in the Flemish Region(https://www.vdab.be/jobs)
• The Seek A Job site: A mine of information (http://www.seekajob.be/index.php?page=accueil#)(http://www.seekajob.be/index.php?page=accueil#)
Are you a business executive?
You can apply for a work permit while benefiting from the "special tax regime for foreigners".
The interested parties, who are deemed to be non-residents for tax purposes in Belgium, are only taxable on the basis of the remuneration corresponding to their services provided in Belgium, as well as on their other income from Belgian sources. Thus, any activity carried out abroad will not be taxed.
In addition, certain allowances paid by the employer to the foreign executive do not constitute taxable remuneration, but are considered as “expenses specific to the employer”.
To benefit from this advantageous tax regime, you must meet the following conditions:
1. Have a nationality other than Belgian nationality,
2. The person concerned must be an executive of the company. This means that the function performed is characterized by a high level of competence and responsibility,
3. Employment in Belgium must be of a temporary nature. The temporary nature of the job must necessarily be supported by a series of precise and consistent data, relating both to the individual situation of the manager concerned and to the nature of the position performed,
4. The employer must be part of an international group of companies:
• Companies under foreign control. This control can have various facets, including shareholding. If this parameter is considered the most important, it is not the only element of appreciation,
• Or Companies with an international character. Belgian groups with an international character are also taken into consideration.
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