BELGIUM / PROFESSIONAL CARD
The Belgian professional card (carte professionnelle) is a requisite for non-European Union (EU) nationals who wish to engage in self-employed activities in Belgium. The professional card serves as your permit for self-employment and must be obtained before starting any activity as a self-employed person. Below are the general rules, application process, and necessary documents for obtaining this card, along with how it ties into company incorporation.
1. Eligibility
To be eligible for a Belgian professional card, you must:
- Be a non-EU/EEA/Swiss national (EU/EEA/Swiss nationals do not need a professional card).
- Intend to perform independent professional activities in Belgium.
- Meet the conditions that justify the economic interest of your activity in Belgium, which includes potential benefits like job creation or significant contribution to the Belgian economy.
2. Application Process
The application process involves several steps and requires collaboration with various Belgian authorities:
3. Where to Apply:
- If you are outside Belgium: Apply at the Belgian consulate or embassy in your home country.
- If you are already in Belgium legally: Apply directly at the relevant regional authority (Flanders, Wallonia, or Brussels-Capital Region).
Steps:
- Submission of Application: Includes the form and necessary documents (see below).
- Evaluation by Economic Committee: The committee assesses the economic viability and benefit of your planned activity.
- Approval/Denial: Based on the committee’s recommendation, the regional authority grants or denies the professional card.
- Collection: If approved, collect the card from the consulate/embassy or regional authority office.
4. Required Documents
The standard document requirements include:
- A completed application form.
- A passport-sized photograph.
- A valid passport or equivalent travel document.
- Proof of professional qualifications relevant to the planned activity.
- A detailed business plan including a financial plan.
- Proof of sufficient means of subsistence (can vary by region and personal situation).
- An extract from the police records or a certificate of good conduct.
Additional documents may be requested depending on the nature of the business and local requirements, such as:
- Proof of registration with the Crossroads Bank for Enterprises (if already established).
- Evidence of compliance with specific professional regulations (if applicable).
5. Incorporation of the Company
Incorporating a company in Belgium as a non-EU national typically involves the following steps:
Company Formation Steps:
- Choose a Business Form: Common forms include SPRL/BVBA (Private Limited Company), SA/NV (Public Limited Company), and others.
- Draft Statutes: Prepare the company statutes in accordance with Belgian corporate law.
- Notarial Deed: Execute the deed in the presence of a Belgian notary.
- Registration: Register the company with the Belgian Crossroads Bank for Enterprises to obtain a company number.
- Social Security Affiliation: Register with a social insurance fund for self-employed persons.
6. Link with Professional Card:
- The professional card needs to reflect the activity covered by your company.
- The business plan submitted for the professional card must align with the corporate purpose defined in your company’s statutes.
7. Post-Incorporation Considerations:
- Compliance with Belgian tax obligations.
- Regular renewal of the professional card as per the stipulated duration (usually valid for one year and renewable).
8. Renewal and Validity
- The professional card is generally issued for a period between one to three years and is renewable.
- Renewal applications must be submitted at least three months before the expiry date and require proof of ongoing economic activity (e.g., financial statements).
Conclusion
Navigating the requirements for a Belgian professional card and setting up a business as a non-EU national can be complex. It is crucial to meticulously prepare your application and business plan to substantiate the economic benefits of your venture. Proper legal and professional guidance throughout the process can significantly enhance the likelihood of a successful application. Incorporating a company in Belgium also demands a thorough understanding of Belgian corporate laws and tax regulations, making it advisable to consult with experts specializing in Belgian business law.