Documents required

To apply for an authorisation to work and stay, your employer or his/her agent must submit:

• the completed and signed application form;
• documentary evidence related to the employment;
• a copy of the identity document of your employer or his/her agent;
• a copy of the employment contract or secondment letter;
• a copy of your contract with your foreign employer (in case of secondment)
• a copy of your higher education degree;
• proof that you are not subject to Belgian social security (in case of secondment);
• a copy of your international passport;
• proof of sufficient means of subsistence (if required);
• a certificate attesting to the lack of any convictions for crimes or offences under common law;
• a standard medical certificate;
• proof of health insurance;
• proof of payment of the administrative fee.

Work permit

Where and how to apply

As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis.

• The application must be submitted by your employer. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority.
• Flanders: The application file must be submitted to the Department of Economic Migration (DEM) in the province where the employment will take place. The files can be sent either through the post or handed in directly at the offices of the DEM. For applications for employment authorization and work permits, the appropriate forms must be used (application form, employment contract, medical certificate, information sheet etc.). You can download these forms or obtain them from the Department of Economic Migration in your province.
• Wallonia: Employers must submit a request for authorisation to employ workers. The completed and signed original form, together with its annexes, must be sent to the Directorate of Employment and Work Permits. If the application meets the legal criteria, the employment authorisation is sent to the employer and the type-B work permit to the municipal administration in the place of work.
• Brussels Capital Region: Employers must submit a request for authorisation to employ workers. The completed and signed original form, together with its annexes, must be sent to Brussels Economy and Employment - Direction de la Migration économique. An employment permit is issued together with a type-B work permit to the foreign national, who can then apply for a visa to enter Belgium.

Duration of validity of the permit

Employment authorisations and work permits B may in principle be granted in general for a maximum period of 12 months, and - subject to fulfilment of the conditions stipulated - they may be extended without limitation by 12 months on each occasion. However, in respect of employment authorisations and work permits B for highly skilled workers the legislation has provided for a specific duration of employment of up to two periods of four years. Hence, no more than 8 consecutive employment authorisations and work permits B of 12 months for employment as a highly skilled worker will be granted.

The first period of 4 years: after the initial grant of an employment permit and work permit B as a highly skilled worker for a maximum duration of 12 months a further three renewals each of 12 months may be granted (within this initial period of four years) so long as all the conditions (such as those with regard to the minimum wage) are met.

The second period of 4 years: the competent regional authorities may make the extension of the permits after the initial period of four years dependent on the compliance by the employer with specific conditions in his staffing policy. If the Regional authority wishes to make use of this possibility, it must state this to the employer when the first employment permit is granted. At this time no Regional authority is making use of this possibility.

Hence, 8 consecutive employment authorisations and work permits, each of 12 months, can be granted at the present time for employment as a highly skilled worker.

The application for renewal must be filed one month prior to expiry of the existing work permit.

Duration in practice: however, the restriction on duration up to a maximum of 8 years for most of these workers after the passage of time would be pointless. After a few years (partly depending on their personal family and/or work situation) they can - in application of the Federal and European directives on the subject - be granted unlimited residence in Belgium by the Immigration Office. In such a case, the Immigration Office will instruct the municipal administration concerned to lift the restrictions still remaining on their residence. From that time onwards, the relevant foreign nationals will no longer have to obtain new work permits, since they will meet the conditions of one of the categories listed in Article 2, 3° (b) of the Royal Decree of 9/6/99 by which they will automatically be exempted from the obligation to obtain work permits.