BELGIUM / SINGLE WORK PERMIT

BELGIUM / SINGLE WORK PERMIT

Navigating the requirements for obtaining a single (work) permit in Belgium involves several detailed steps and specific documentation. This permit streamlines the process by combining the residence and work permits into one document, which is particularly convenient for non-EU/EEA/Swiss nationals planning to work in Belgium for more than 90 days.

General Rules

Eligibility:

• The single permit is applicable to non-EU/EEA/Swiss nationals.
• The applicant must have a valid employment contract with a Belgian company.
• The work must be deemed beneficial to the Belgian economy, often necessitating the employer to demonstrate that no suitable EU/EEA/Swiss candidate was available.

Validity and Duration:

• Typically valid for one year and can be renewed.
• The duration matches that of the employment contract but does not exceed the maximum allowed years.

Family Reunification:

• Holders of a single permit may apply for family reunification, allowing immediate family members to live in Belgium.

Application Process

Step 1: Employer’s Role

1. Labour Market Test (if applicable): The employer might need to prove that no suitable candidate from the EU/EEA/Swiss labor market was found for the job.
2. Economic Needs Test (depending on the sector and job): Certain sectors require justification of the economic need for a non-EU worker.

Step 2: Submission of Documents

• The employer submits an application combining both work authorization and residence permit to the regional employment authority where the job will be located (e.g., VDAB in Flanders, Actiris in Brussels, or FOREM in Wallonia).

Step 3: Application Processing

• Regional Approval: Initially processed by the regional employment authority, focusing on the employment aspects.
• Federal Processing: Once approved on the regional level, the application moves to the federal immigration office for residence aspects.
• Decision Time: Typically, the decision process takes about 4 months in total from submission.

Step 4: Collection

• Upon approval, the worker can either collect the permit from the Belgian consulate in their home country or, if already in Belgium, from the local municipal office.

Required Documents

For the Employer:

1. Application forms for work and residence permit (single permit).
2. Job description: Detailed explanation of job responsibilities and requirements.
3. Employment contract signed by both employer and employee.
4. Proof of Advertisement (if applicable) showing the position was advertised in the EU/EEA/Swiss labor market.

For the Employee:

1. Passport: Valid for more than 12 months.
2. Passport-size photos.
3. Health insurance: Proof of comprehensive health insurance coverage.
4. Housing proof: Evidence of accommodation in Belgium.
5. Educational and professional qualifications: Relevant diplomas and certificates.
6. Medical certificate: Issued by an approved medical doctor certifying the applicant does not have any diseases that can endanger public health.
7. Background check: Certificate of good conduct showing no criminal record.

Additional Notes

• Sector-Specific Conditions: Some sectors may have additional requirements or exemptions based on the nature of the job and its impact on the Belgian labor market.
• Local Variations: There may be slight variations in the process or additional requirements depending on the region (Flanders, Brussels, Wallonia).

Successfully navigating this process requires careful preparation of all documents and understanding the legal nuances, especially the labor market conditions that justify hiring a non-EU/EEA/Swiss national. Employers and employees alike must ensure that all provided information is accurate and complete to avoid delays or rejection of the application.