There are three types of work permit in Belgium, and it depends on your situation as to which Belgian work permit is required. Below is an explanation of the different work permit for Belgium.
Belgian work permit A
A work permit A is valid for all employers and paid occupations in Belgium and is valid indefinitely – that is, you can work for any employer in Belgium for any amount of time – and conditions are stricter. Typically the employee must apply themself.
To get a type A Belgian work permit, you must prove you have worked for four years on a type B Belgian work permit within a 10-year, uninterrupted legal stay in Belgium. ‘Uninterrupted’ is defined as not being outside of Belgium for longer than one year between your Belgian residency periods.
It’s only three years to qualify if you’re a national of Algeria, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Morocco, Serbia, Tunisia and Turkey. These periods of three and four year can be reduced by one year if your spouse, registered partner or dependant children are living with you in Belgium.
Some types of workers can’t apply for a type A Belgian work permit, including:
- highly skilled workers
- au pairs
- trainees
- workers on temporary assignment
- researchers and guest professors
- specialised technicians
- family members of people who hold type B permits, are self-employed, or who don’t need work permits.
When you apply for this Belgian work permit, you will need to complete the form ‘Application for obtaining a work permit A‘ (Aanvraag tot het bekomen van een arbeidskaart Aan) and provide copies of your type B work permit, payslips and residence permit. You will need to apply at the immigration office in your area, who can also provide more detail about how to get a work permit in Belgium.
If your request is rejected, you will be notified via mail; you can appeal by replying with a registered letter outlining your argument within one month. If your Belgian work permit is approved, you will be notified via the appropriate municipality department to collect your permit A.
Belgian work permit B
A Belgian work permit B is issued for a specific job for a specific employer for a maximum period of up to 12 months, despite the length of your employment contract. However, this permit can be renewed for as long as you still meet the requirements.
The Belgian work permit B requires employer sponsorship; your employer has to apply for your work permit to employ you. This work permit is valid for employment with the sponsoring company only, and for the position indicated in the application. In principle, a foreign worker is only allowed to work in Belgium when a labour market test indicates that no suitable candidate could be found on the Belgian or EEA labour market within a reasonable term.
Various categories of workers can, however, obtain a work permit without the need of a labour market test, for example, researchers, highly qualified workers or technical experts. Employers can also employ long-term residents from other EU states on the type B work permit if the job is listed as one of these shortage occupations.
To qualify for a Belgian work visa, employers must offer above a set wage for highly qualified (at least in possession of a Bachelor) and executive employees in order to qualify, alongside certain other jobs. Salary levels are reviewed yearly; in 2017 the annual minimum salary levels were EUR 40,124 for highly qualified workers and EUR 66,942 for executives and managers.
To calculate a minimum salary, the following elements are considered:
- gross salary (taxable salary)
- taxable end-year bonuses
- any other taxable allowances and benefits for work done that is included under your employment contract.
What is generally not included, however, are so-called COLA’s (Cost Of Living Allowances) or other allowances typically granted to compensate for costs incurred by foreigners working abroad, as well as bonuses based on performance or achievements.
If it is your first employment in Belgium, you must also supply a medical certificate less than three months old. For certain sectors, such as manual workers and clerical staff, you and your employee must also sign a prescribed contract of employment stating mandatory provisions (see the list of forms at the bottom here). See an explanation of the required application documents here. The immigration authority aims to make decisions within 10 days on applications for work visas in Belgium.
A firm condition of the Belgian work permit B, however, is that the employee must still be abroad; if it is discovered an applicant came to Belgium with the intention to work before holding a permit, Belgian immigration reserves the right to refuse an application. This measure is designed to stop foreigners simply entering Belgium to find work, and an appeal against such a decision will not typically be granted.
If a type-B Belgian work visa is issued, you can then contact the Belgian embassy in your home country and apply for a Belgian residence visa to come and work in Belgium for that employer.
If you change employers you’ll need a new work permit and a new residence visa. To renew this work permit, your employer must make an application no later than one month before your work permit expiry date; the process and documents required are similar to the first application. If rejected, an appeal can be made within one month.
Belgian work permit C
A Belgian work permit C is for certain foreign nationals who are staying in Belgium only temporarily, such as students or family members of consular officials, or whose right to stay is not confirmed, such as asylum seekers. It allows holders to take on paid employment in any field and for any job contract type for the validity of their residence permit, providing similar rights of employment as Belgian citizens. The permit is issued for up to one year and can be renewed under certain circumstances.
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