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WHAT IS THE REASON FOR YOUR TRIP?

CHECK-LIST

Check the mandatory steps

Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL mandatory documents to your application
(See “What documents to attach to my visa application” on the right)

Check your application status

√ If your application is rejected, use the legal recourse

√ Once you arrive in Belgium, you have 3 days to register at local administration

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

How to calculate precisely your length of stay

As from 18 October 2013, the duration of your stay in the territory of the States which apply the entire Schengen acquis can not exceed 90 days over any period of 180 days.

To calculate the maximum duration of your stay, you can use this calculator developed by the European Commission and the Norwegian immigration authorities.

The results you get by using it are legally non-binding.

Do I need a visa for a short stay in the SCHENGEN States?

The nationals of most third countries require a visa to enter and stay less than 3 months in the territory of the SCHENGEN States.

To find out if you need a visa, see the following lists:

(A) List of third countries whose nationals must be in possession of visas when crossing the external borders of the Member States SCHENGEN,

(B) List of third countries whose nationals are exempt from this obligation,

(C) List of residence permits issued by the SCHENGEN States permitting entry without a visa.

They are published on the Border Control website (Follow: Visa – Visa Obligation or Exceptions to Visa Requirement).

To which State SCHENGEN to address me?

You reach the SCHENGEN State in which you will be staying (single destination).

If you intend to stay in several SCHENGEN states, you should contact the SCHENGEN State which will be your main destination (to be determined according to the duration or the object of the stay).

If you can not determine your main destination, please go to SCHENGEN State on the border of which you will enter SCHENGEN.

If the Schengen State in which you are traveling (single or main destination) does not have a consulate in your country, please contact the SCHENGEN State which represents it.

I go to Belgium. Where to apply for a visa?

As a rule, you apply for a visa at the Belgian consulate responsible for the country in which you normally reside.

You must arrive in person at the earliest 3 months before the start of the planned trip.

RECOMMENDATION

Begin by consulting the relevant consulate website for information on how to apply for a visa. You may need to make an appointment. It is also possible that the consulate cooperates with an external service provider to which various tasks are entrusted (information, making appointments, receiving requests etc.). In this case, additional service charges will be levied.

Please also note that the Consulate may invite you for an interview or request additional documentation.

Finally, pay attention to the time you will be traveling; The time required to obtain an appointment and the processing time for your visa application are inevitably longer at certain times.

In short, be sure to submit your visa application early enough (but no earlier than 3 months before the scheduled trip) to avoid any inconvenience and unnecessary expense.

What if there is no Belgian consulate in my country?

Contact the Belgian consulate responsible for your country. This position is usually located in a neighboring country. He will inform you whether Belgium is represented by another SCHENGEN State in the country where you reside and if you can apply for your visa to the consulate of that other Member State

What documents to attach to my visa application?

Your file must contain:

(A) a completed and signed application form in accordance with the harmonized visa application form SCHENGEN.

This form is made available free of charge by the consulates. You fill it in French, Dutch, German or, if you do not have a command of the national languages, preferably in English. You attach a recent identity photo that meets current standards.

Anyone listed in your travel document completes a separate application form.

Minors present an application form signed by a person exercising parental authority or by a legal guardian.

(B) a travel document (eg a passport) valid for at least 3 months on the date on which you intend to leave the SCHENGEN territory or, in the case of multiple trips, On the date you intend to leave for the last time. This document must also contain at least 2 blank sheets and be issued for less than 10 years;

(C) documents indicating the purpose of your trip (eg invitation letter indicating the date, duration and purpose of the stay, proof of your relationship to the host, information on the relationship That you maintain with the person who invites you etc.

If you are a minor and travel without your parents or your legal guardian, file a parental authorization or authorization from your guardian);

(D) documents related to accommodation (eg in the case of accommodation with a private person, submit an invitation from the person who welcomes you. ., Submit a supporting document from the accommodation establishment or any other document proving the type of dwelling considered);

(E) documents indicating that you have sufficient personal means of subsistence or a commitment to care emanating from someone else  (Annex 3a);

(F) information enabling you to assess your willingness to leave the SCHENGEN territory before the expiry of the visa. In other words, provide information to establish that you maintain the center of your interests in your country of origin or habitual residence (eg, evidence of your roots in your country of origin or residence Usual: proof of employment, professional status, regular income collection, possession of real estate, family situation etc.);

(G) adequate and valid travel health insurance covering any medical repatriation, emergency medical and / or hospital emergency or death expenses during your stay in the SCHENGEN territory . This insurance must be valid for the entire territory and for the duration of the stay. The minimum coverage is EUR 30 000. It is in principle contracted in your country.

Check with the appropriate consulate on insurance companies whose contracts are accepted.

(H) If you are applying for a visa permitting multiple entries, you will also need to establish the need to travel frequently and / or regularly, in particular because of your occupation or family situation. You will also have to prove your integrity and reliability, in particular by the legal use of previously issued visas, your economic situation and your willingness to leave the territory of the SCHENGEN States before the expiry of the requested visa.

(I) When you receive confirmation of the issuance of the visa, bring proof of the transport you will use to reach Belgium (round trip ticket).

This proof is not required when submitting the visa application in order to avoid unnecessary costs. However, proof of a reservation for a round trip ticket may be claimed.

WARNING

Your application will not be considered and will not be considered if:

(A) you are not depositing MINIMUM:

– a completed and signed application form,

– a valid travel document,

– a photograph

(B) you do not pay the visa fee

(C) if you do not agree that the consulate will retrieve your biometric data (in some countries)

On the other hand, if you comply with these instructions, a stamp indicating that your application is admissible is affixed to your travel document (unless this travel document is a diplomatic passport, a service and / or official passport or a special passport ). This stamp has no legal effect.

Who is processing my visa application?

As a rule, the decision is taken by the consulate within 15 days from the date on the stamp in your travel document indicating that your application is admissible.

This period may be extended to 30 days, and exceptionally 60 days, if further consideration of your application is required or if additional documentation is requested.

In this case, your application is usually sent to the Foreigners’ Office, which makes the final decision.

Consulting another state SCHENGEN

SCHENGEN State may require the other SCHENGEN States to consult it before issuing a visa to a national of certain third countries.

As a general rule, the Member State consulted shall give a final reply within 7 to 14 days. If you are a national of a country on this list, be sure to submit your visa application early enough to avoid any unnecessary inconvenience and expense.

To learn more about the countries covered by this pre-consultation procedure, click here.

What visa will I receive?

As a general rule, you will receive a C-type visa.

This visa:

(A) is affixed in the form of a sticker (visa sticker) in your travel document by a consulate or, exceptionally, at the border;

(B) is generally valid for the entire SCHENGEN territory (heading “VALID FOR”);

(C) is valid for the period indicated under “FROM … TO …” (maximum 5 years)

(D) authorizes you to stay for the period indicated in the section “DURATION OF DAY … DAYS” (90 days maximum) (e) is issued for one entry, for two entries or for multiple entries (“NUMBER OF ENTRIES” ). You may only transit or stay in the SCHENGEN territory for the duration of the authorized stay (X days to be used, on one or more occasions, during a period of X months from the date of first entry into the territory Of the Schengen States, with the date by which the validity of your visa expires – see section “FROM … TO …”.

Exceptionally, a SCHENGEN State may issue a visa with limited territorial validity. This visa shall be valid only for the territory of that State unless one or more other SCHENGEN States have given their agreement to extend its territorial validity to their territory (see “VALID FOR”).

My visa request is rejected What to do?

This decision falls under the exclusive competence of the Office des Étrangers. It is notified to you by the consulate.

You can bring an appeal. Information on remedies is given on the refusal form.

Out of respect for your privacy, neither the consulate nor the FPS Foreign Affairs nor the call center of the Office des Etrangers communicate the reasons for the refusal to third parties, even if they are your host or your guarantor. However, these reasons can be communicated to your lawyer if he / she so requests in writing to the Office des Étrangers.

I'm waiting for my visa Where can I find out?

Prioritize the consulate, respecting the practical modalities indicated on its web site (hours of operation, contacts etc).

If your application has been forwarded to the Foreigners’ Office for a decision, start by consulting the section “Where are my visa applications?” Enter the reference of your visa application and the location of the competent consulate and you will get information about its status.

As a last resort, contact the call center of the Office des Etrangers by telephone (+ 32 2 793 80 00) or by email (infodesk@ibz.fgov.be)

Border control

(A) Being in possession of a C-type visa does not give you an irrevocable entry fee into Belgium or into the SCHENGEN territory.

The authorities responsible for external border control may refuse to let you in if you can not justify the purpose and conditions of your stay or if you do not have sufficient means of subsistence. Be sure to keep the proof of your trip and proof of your means of subsistence (commitment, credit card, cash, traveler’s checks, etc.).

(B) A visa issued by another Schengen State may expose you to the external borders of a Schengen State, which is neither your sole destination nor your main or usual destination. You may be denied entry and refoulement To your country of residence (eg you arrive in Zaventem or Gosselies with a visa issued by the consulate of another Schengen state, while the purpose of your trip is a family visit or a tourist stay in Belgium).

Declaration of arrival to the local administration

Register with the local administration of the place where you live within 3 working days of your arrival in Belgium . The municipal administration gives you a declaration of arrival (Annex 3). This document mentions the date you must leave the SCHENGEN territory.

You are exempted from this if you are staying in a nursing home subject to passport control legislation (eg hotel, hostel).

Extension of a short stay
You have received a visa for a short stay in Belgium and you are unable to leave the country upon expiry of this visa. What can you actualy do?

CHECK-LIST

Check the mandatory  steps

√ Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL necessary documents to your application
(See “What documents to attach to my visa application” on the right)

√ Check your application status

√ If your application is rejected, use the remedies

√ Once you arrive in Belgium, you have 3 days to register with the commune

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

In order to work in Belgium as an employed person, a foreign national must obtain a work permit. The employer must also have an occupancy permit (in the case of a B permit).

Obtain your work permit

In addition to exemptions, a work permit and / or an authorization of occupation must be requested.
The Public Service of Wallonia is competent to examine:
Applications for authorization to occupy a foreign worker in an undertaking whose head office or establishment unit is established in the territory of the Walloon Region (with the exception of the nine German-speaking municipalities);
Applications for Type A and Type C work permits submitted by foreign nationals domiciled in the Walloon Region (with the exception of the nine German-speaking municipalities).

For licenses A and C, the formalities must be carried out by the persons concerned.
For license B, the employer must submit the application.
Cases of exemption exist.
There are three types of work permits:

Work Permit A

Permit A is issued to employees who have worked for several years under license B.
In order to qualify for a Type A work permit, a worker who applies for a work permit must provide proof of four years, covering three conditions simultaneously:
Being effectively busy;
Hold a model B work permit authorizing this occupation;
Holding a legal residence permit.
These four years can be reduced by one year if the worker is a national of Serbia, Macedonia, Kosovo, Bosnia and Herzegovina, Montenegro, Turkey, Morocco, Algeria or Tunisia. They may also be reduced by an additional year when the family resides legally in Belgium with the worker.
Certain work permits can not be taken into account in the calculation of the granting of a work permit A, in particular those issued to highly qualified personnel, researchers and / or personnel seconded from abroad.
Permit A is for an unlimited period of time and is valid at any employer for any profession. The latter must not have an occupation permit to hire a worker holding a work permit A.
.

Work Permit B

Permit B is related to economic immigration.
Permit B has a limited duration.
Under permit B, an employer may hire a foreign worker if he can not find a worker in the local labor market, including by means of a maximum of 6 months’ training offered to a jobseeker. A labor market review is carried out beforehand to determine whether this need of the employer can be met locally.
The employer must obtain an authorization of occupancy and the worker automatically obtains a work permit B. This permit allows him to perform the requested and authorized function with the authorized employer. The employer must submit his application for authorization of occupation before the foreign worker is present on Belgian territory.
These permits apply only to nationals of countries with which an international convention has been signed (exhaustive list: Serbia, Macedonia, Kosovo, Bosnia and Herzegovina, Montenegro, Turkey, Morocco, Algeria, Tunisia). For other nationalities, an authorization of occupation may be granted only in individual cases of interest for economic or social reasons.
The contract of employment must be concluded for a fixed period (maximum 12 months) in accordance with the conditions laid down by the legislation on work permits.
For some special categories of workers, the labor market survey is not necessary. They shall not, in such cases, be nationals of countries with which an international convention has been concluded. These workers may be present in the territory in order to be occupied there. These include:
Highly qualified personnel or management positions;
Researchers and visiting professors;
Specialized technicians;
Professional athletes and coaches;
Au pair;
Performing artists;
Of long-term resident nationals who are in a shortage occupation.
Finally, highly skilled workers who meet specific conditions can be hired under the European Blue Card. This card is issued on the basis of three criteria: the level of qualification of the worker, the salary and the duration of the employment contract.
However, the blue card is not valid for certain categories of persons who come from third countries and who are highly qualified (eg posted workers, long-term residents, researchers, persons under temporary protection and asylum seekers).
A work permit B provides a right of residence.
Worker ► Permis B
Employer ► Occupation permit

Work permit C

Permit C may be requested by a person previously authorized to stay in Belgium, for example (non-exhaustive list): certain asylum seekers, certain students, certain persons authorized to stay in Belgium as part of a family reunion.
License C
Is of limited duration. It is valid for a maximum of 12 months and is renewable;
Is valid at any employer in Belgium. The latter must not have an occupation permit to hire a worker holding a work permit C;
Is no longer valid if its holder loses his right or his residence permit.
The competent authority for issuing the work permit is the Region where the worker is domiciled.
Office des Étrangers ► Asylum seeker ► Permis C

Am I exempted from a work permit?

Several categories of workers are exempted from the requirement of a work permit either because of their nationality, because of their status, or because of the nature and / or duration of the benefits. Note that not receiving remuneration does not in itself constitute grounds for dispensation.
The list of these categories of exempt workers is given in Article 2 of the Royal Decree of 9 June 1999.
> Some special categories of workers (trainees, au pairs, cabaret staff) are subject to special rules.
These waivers are either:
General: they apply as of right within the framework of any function (for example: nationals of the European Economic Area, workers authorized to stay for an unlimited period, recognized refugees, etc.). In such cases, the competent authority shall not be informed of the occupation and shall not issue any certificate.
Specific: they only target a specific public or a specific profession (eg artists and sportsmen under certain conditions). In such cases, the competent authority shall not be informed of the occupation and shall not issue any certificate;
Specific with the obligation to notify the competent region before the start of the occupation (postdoctoral fellows, certain persons of foreign nationality who are seconded to Belgium as part of a training course, certain persons employed in management posts). In such cases, occupation may begin as soon as the Administration has been informed. In return, the Administration shall issue a certificate to the employer concerned.

When to apply for a work permit?

Above all, the person who wishes to work in Belgium must verify that she does not fulfill the conditions for being exempted from work permits. In this case, she must not apply for a work permit and can work directly in Belgium.
Similarly, the employer must first ensure that the foreign worker meets the conditions of the exemption. He can immediately hire the foreign worker if that is the case.
In all other cases, a work permit and an authorization of occupation are required.

What employers can hire a work permit holder?

Any public or private employer located in Wallonia who wishes to occupy a worker of foreign nationality if this worker is not exempted from a work permit or does not have a work permit A or C.

What are the steps to be taken?

It is the employer who must undertake the
If the person has a work permit A or C;
If the person is exempted from the requirement to obtain a work permit.
An application for a full work permit is reviewed in less than one month. The procedure may take several months in the event of an appeal against a decision of refusal taken at first instance.
In the event of loss of the work permit, a duplicate may be requested.

Procedure for Work permit A

Applications for work permits A must be submitted by the worker to the Forem Regional Office of the worker’s place of residence.
In addition to the form, other documents must be attached to the application:
An information sheet countersigned by the mayor of the municipality where the foreign plaintiff resides;
A double-sided copy of the applicant’s current residence permit;
A copy of the individual account justifying the years of work claimed;
A copy of all work permits obtained by the worker.
If the file is complete, the Forem transfers the application to the Public Works Service of Wallonia (SPW) service (Employment and Work Permits Directorate).
If the application meets the legal criteria, the work permit is sent to the local administration of the locality where the applicant resides and where he can withdraw it.
A refusal is communicated and motivated directly to the applicant by registered letter.
Permit A is valid for an unlimited period and must not be renewed.

Procedure for License B

The application for authorization to occupy a worker must be submitted by the employer.
The form, accompanied by its annexes, must be sent in original, completed and signed, to the Directorate of Employment and Work Permits.
The administration sends the employer an acknowledgment of receipt within 8 days. The application is then examined. Any missing documents are requested in order to continue the investigation of the file.
If the application meets the legal criteria, the occupation permit is sent to the employer and the work permit B to the municipal administration of the place of occupancy or to that of the worker if he is domiciled in the Walloon Region of French language.
In order to retain the worker beyond the authorization of occupation, the employer must submit an application for renewal of this authorization no later than one month before the expiry of the authorization. The administration will check in particular whether the regulations, the conditions of occupation and the terms of the employment contract were respected during the previous occupation.


Procedure for License C

Applications for work permits C must be submitted by the worker to the Forem Regional Office of the worker’s place of residence.
In addition to the form, other documents must be attached to the application:
An information sheet countersigned by the mayor of the municipality where the foreign plaintiff resides;
A double-sided copy of the applicant’s current residence permit;
The documents specific to each category of foreigners entitled to obtain a work permit C.
The Forem transfers the application to the Public Work Service of Wallonia (SPW) service (Employment and Work Permits Directorate).
If the application meets the legal criteria, the work permit is sent to the local administration of the locality where the applicant resides and where he can withdraw it.
A refusal is notified directly to the applicant by registered letter. The recourse options are set out in the Information Folder.
The renewal of a C license must be requested by the worker one month before the end of the previous C license in order to allow the Administration to be able to extend this work permit by avoiding an interruption between these permits.

Appeals in the event of refusal or withdrawal of a work permit

If the Public Service of Wallonia refuses or withdraws an application for a work permit and / or an occupation permit, the employer and / or the worker shall have a period of one month to lodge an application for an appeal .
The employer or worker shall, in his application for leave to appeal, state in a reasoned manner the various grounds for refusal relied on in the decision to refuse, in compliance with the regulations.
The appeal procedure is the same for licenses A, B and C.
With regard to authorization of occupation and work permit B only, the legislation provides for a limited number of grounds for refusal to which the Regional Minister for Employment may derogate for duly motivated economic or social reasons.
Authorization to stay for more than 3 months in Belgium

If you wish to stay more than 3 months in Belgium, you must first obtain the authorization of the competent minister for access to the territory, residence, establishment and removal of foreigners or his delegate (Office des étrangers ).

What procedures if you are abroad

Where to submit my application
You apply for your residence permit (visa D), in person, to the Belgian consulate responsible for the place of your residence or your stay abroad.
You may need to make an appointment before submitting your visa application. It is also possible that the consulate cooperates with an external service provider to whom various tasks are entrusted (information, making appointments, receiving files etc.). In this case, additional service charges are levied.
If there is no Belgian consulate in the country where you reside, contact the Belgian consulate responsible for this country. This position is usually located in a neighboring country.
To find out more about the territorial competence of the Belgian consulates, click here http://diplomatie.belgium.be/en/Services/Ambassades_et_consulats/

The supporting documents to be filed when applying for a visa
> A completed and signed visa application form (duplicate)
> A travel document in which a visa can be affixed and whose validity period is longer than 12 months (eg a passport)
> A valid B work permit or, if applicable, proof that you are exempted from the work permit requirement ie a certificate issued by the competent public service or any other proof deemed sufficient by the Competent authorities to certify this exemption (eg an employment contract)
> If this document was not produced during the application for a work permit, a medical certificate attesting that the applicant is not suffering from any of the diseases that may endanger public health
> Certificate attesting to the absence of convictions for crimes or ordinary offenses
You file the original documents together with a photocopy of these documents. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless a treaty provides for an exemption. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
Documents drawn up abroad in a language other than German, French or Dutch shall be translated in accordance with the original by a sworn translator. This translation must be legalized as a separate document in accordance with the procedure laid down in the country of origin and then by the relevant Belgian Embassy or Consulate.

Processing the visa application
As a rule, the visa application is forwarded by the consulate to the Aliens Office, which makes the final decision.
Visa Issuance
The visa affixed to your travel document is a long-stay visa (visa D).
The visa D has the same effect as a residence card with regard to free movement in the SCHENGEN territory. You are therefore authorized to travel to another SCHENGEN State for a total duration not exceeding 3 months over a 6-month period from the date of your first entry into SCHENGEN territory, provided that you Entry conditions and not to have been reported by the SCHENGEN State on whose territory you are traveling. If you do not meet the entry requirements, you may still be allowed to transit to the SCHENGEN State which issued the D visa.

Refusal to issue a visa
This decision falls under the exclusive competence of the Aliens Office. It is notified to you by the consulate.
An appeal may be lodged against that decision. Information on remedies is given on the refusal form.
Out of respect for your privacy, neither the consulate nor the FPS Foreign Affairs nor the call center of the Aliens Office will give the reasons for refusing visas to third parties, even if they are the host or the guarantor. However, these reasons can be communicated to your lawyer, if the request is made in writing to the Aliens Office.
Find out about the status of a visa application
Priority should be given to the consulate in which you have applied for your visa, in accordance with the practical details provided on your web site.
If your application has been forwarded to the Aliens Office for a decision, start by visiting www.dofi.fgov.be (How far is my visa application?). By entering the reference of your visa application and the location of the competent consulate, you will get information about its status.
If necessary, contact the call center of the Aliens Office by phone (+ 32 2 793 80 00) or by e-mail (infodesk@ibz.fgov.be).
Registration at the municipal administration
You apply to the municipal administration of the place where you reside within 8 days of your arrival in Belgium to apply for your registration in the register of foreigners and the issuing of a residence permit (card A). This residence permit is entered on the list of residence permits issued by the SCHENGEN States allowing entry without a visa (Annex 2 to the visa manual)
As a general rule, you request the renewal of your residence permit between the 45th and the 30th day before the due date. This renewal is granted by the Office des Etrangers, upon production of a valid work permit..

You are already in Belgium

Where to apply?
If you are already in Belgium, you can submit your application for a residence permit, by reasoned letter, to the municipal administration of your place of residence in the following situations:
A) You are already admitted to or authorized to stay for more than 3 months in Belgium in another capacity (for example, you are already engaged in a professional activity or studying there and hold a residence permit whose validity Is limited) and you meet all the conditions for granting a residence permit in the context of a professional activity (see the supporting documents to be filed at the time of the stay application);
B) You are exempt from the visa requirement for a stay not exceeding 3 months,
> On the basis of your nationality (see list of third countries whose nationals are exempt from the visa requirement – Annex 1 to the visa manual), or
> Because you have a visa-free residence permit (see the list of residence permits issued by the Schengen States – Annex 2 to the visa manual), or
> Because you are the holder of a valid D visa.

In all other cases, you must apply for a visa (visa D) in person at the Belgian consulate responsible for the place of your residence or your stay abroad. Click here to learn more about the procedure

The supporting documents to be filed at the time of the application
You produce:
(A) documents proving that you are in one of the situations where the application can be lodged with the municipal administration (see Where to apply).
When you invoke exceptional circumstances preventing you from returning to your country for authorization to stay for more than 3 months in Belgium (visa D), you also explain precisely what you consider to be the exceptional circumstances.

(B) the following documents:
> A valid B work permit or, if applicable, proof that you are exempted from the work permit requirement ie a certificate issued by the competent public service or any other proof deemed sufficient by the Competent authorities to certify this exemption (eg an employment contract)
> If this document was not produced during the application for a work permit, a medical certificate attesting that the applicant is not suffering from any of the diseases that may endanger public health
> Certificate attesting to the absence of convictions for crimes or ordinary offenses
You file the original documents together with a photocopy of these documents. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless a treaty provides for an exemption. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
Documents drawn up abroad in a language other than German, French or Dutch shall be translated in accordance with the original by a sworn translator. This translation must be legalized as a separate document in accordance with the procedure laid down in the country of origin and then by the relevant Belgian Embassy or Consulate.

The processing of the application
As a general rule, the municipal administration processes your request and makes the decision. It can also forward your application to the Aliens Office.

The issuance of the residence permit
You receive a certificate of registration in the register of foreigners (card A) whose validity period of 1 year is modeled on the duration of validity of your work permit. This residence permit is entered on the list of residence permits issued by the SCHENGEN States allowing entry without a visa (Annex 2 to the visa manual)
As a general rule, you request the renewal of your residence permit between the 45th and the 30th day before the due date. This renewal is granted by the Office des Etrangers, upon production of a valid work permit.

Refusal to issue a residence permit
This decision falls under the exclusive competence of the Aliens Office. It is notified to you by the municipal administration.
An appeal may be lodged against that decision. Information on remedies is given on the refusal form.
Out of respect for your privacy, the call center of the Aliens Office does not communicate the reasons for refusal to third parties. However, these reasons can be communicated to your lawyer, if the request is made in writing to the Aliens Office.

CHECK-LIST

Check the mandatory  steps

√ Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL necessary documents to your application
(See “What documents to attach to my visa application” on the right)

√ Check your application status

√ If your application is rejected, use the remedies

√ Once you arrive in Belgium, you have 3 days to register with the commune

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

Self-employed activity refers to activity which is not subject to the regulations governing the occupation of foreign workers. For more information, click here Employed work.

What does self-employed activity mean?

As a general rule, a foreign worker wishing to work independently in Belgium must be in possession of a professional card, ie the authorization of the competent Region to carry out independent activities in Belgium.
From 1 January 2015 the regions will be responsible for issuing these maps. The competent region is the region where the economic activity (place of establishment) will take place. If several places of establishment are involved, the head office will serve as a criterion.
The application for a professional card shall be made to the Belgian consulate competent for the place of residence or residence of the worker abroad, who shall forward it to the competent Region.
Where authorization to engage in self-employment in Belgium is granted, the consulate and the worker shall be informed by the Region.
After receiving the Region’s decision, the worker returns to the consulate to submit an application for temporary residence permit (visa D).
Once in Belgium, he presents himself at the company counter on the application form for a business card in order to withdraw his business card.

The professional card for self-employed persons Of the Belgian nationality

The professional card for foreign nationals is the authorization allowing foreigners to carry out independent activities in Belgium.
Persons of foreign origin who wish to establish themselves as self-employed persons must be given prior authorization.
The aim of this legislation is to strike a balance between the aspirations of foreign nationals who wish to exercise an independent activity in the Walloon Region and the economic, social and cultural interests of the region.
A person who meets the following criteria must be in possession of a professional card:
The person wishes to pursue an independent professional activity in the Walloon Region either as:
Physical person
Agent of a company or association (paid or unpaid warrant)
An active partner of a company or an association (paid or unpaid)
The person does not have Belgian nationality;
The person has neither the nationality of one of the member states of the European Economic Area (European Union, Norway, Iceland and Liechtenstein) nor Swiss nationality
Some cases of exemptions exist, however.
Click here for more information on exemption cases.

What are the criteria for granting a business card?

Three conditions must be fulfilled:
The right to stay. If the person does not benefit from it, they must apply for this right from the diplomatic or consular post at the same time as they apply for a professional card. The decision on this matter is the responsibility of the Office des Etrangers, which is consulted, in particular, if the person is not authorized to stay in Belgium.
Compliance with regulatory obligations
In terms of access to the profession (basic management knowledge and professional skills)
In terms of specific authorizations (licensing approvals, etc.) required for the exercise of the activity. The Directorate of Employment and Work Permits checks whether the person and / or his / her company have the necessary access to the planned activity and whether the person fulfills the other obligations of his / her status. If you have any questions about access to the activity, please contact a business office.
The interest of the project for the Walloon Region. This interest can be analyzed from different angles:
In terms of economic utility, that is to say, a response to an economic need, job creation, useful investments, economic spin-offs for businesses located in Walloon territory, Export, innovative activity or specialization
In terms of social, cultural, artistic or sporting interest.

Where to apply for a business card?

The person wishing to obtain a professional card must submit his application:
With the Belgian diplomatic or consular post in his country of residence, if he lives abroad.
From the approved company window of its choice, if it has, in order of validity:
– or a “model A registration certificate”
– or a “certificate of registration in the register of aliens”
An exception to this rule is if, for reasons of security, the person wishing to obtain a business card can not submit his application in his country of residence, he can do this:
Or to a Belgian diplomatic or consular post in another country,
Or from a business window.
The latter option must be sought from the Walloon Minister for Employment and be accompanied by proof of his / her situation.

How do I apply for a business card?

The admissibility of the application:
1. The application must be submitted by means of one of the two application forms, duly completed, dated and signed
If the applicant resides abroad, the completed and signed form must be submitted to the diplomatic or consular post in his country of residence;
If the applicant has a “model A registration certificate” or a “certificate of registration in the register of foreigners” in order of validity, the completed and signed form must be submitted to the his choice.
2. The application must be accompanied by an extract from the criminal record or an equivalent document issued by the country concerned.
3. For each application, a fee of € 140 shall be payable upon submission of the application
Or to a Belgian diplomatic or consular post in another country,
Or from a business window.
4. Following a refusal, the applicant may submit a new application only after a period of two years from the date of submission of the previous application. This principle does not apply:
If the refusal results from a decision of inadmissibility;
Whether the applicant can assert new evidence;
If the application relates to a new activity.
Analysis of demand
The application must include documents to judge the usefulness of the project and all documents relevant to the examination of the file. The following is a non-exhaustive list of documents that can be attached to the file:
A detailed description of the project
a CV
A copy of the diplomas
The financial capacity of the applicant
a market study
A financial plan
A financial analysis
Contacts with business partners
Of draft contracts
The articles of association or draft articles of association
Etc.

What is the procedure for examining a professional card application?

The diplomatic or consular post or the company office receiving the request shall forward it to the Directorate of Employment and Work Permits. If the application is transmitted by a company window, it must be sent within 5 days.
The Directorate of Employment and Work Permits checks whether the application has been introduced in the rules.
If this is not the case, the request is the subject of a decision of inadmissibility, which is notified to the applicant through the diplomatic or consular post or the counter of the undertaking which has received the request.
If the rules have been respected, the Employment and Work Permits Directorate will review the application.
If the application meets the required criteria, the Directorate of Employment and Work Permits issues the professional card to the applicant. This is transmitted to it via a company window. Otherwise, the Directorate of Employment and Work Permits notifies the applicant of the reasoned refusal and transmits this decision to him, via the diplomatic post or via the company window.


What is the validity of a business card?

The professional card is awarded for a maximum period of five years.
Generally, a first card is awarded, on probation, for two years.
At the end of the period, it may be renewed provided that the independent foreign worker has complied with his statutory, tax and social obligations and the utility criterion which justified the granting of the authorization.
The self-employed person must submit his / her renewal application at least three months before the expiry date of the card, through the chosen one-stop shop.
The validity of the card is linked to the right to stay. If it is terminated, it is no longer usable and must be returned to the company window.

What happens if the data is changed or the business card is lost?

The card is issued for one or more specific activities, mentioned in the authorization. Any change or addition of activity therefore requires the prior obtaining of a new authorization. Similarly, any change to the references to the authorization implies a modification of the authorization.
The self-employed person can apply for these adaptations via the company’s window of choice. The same applies to replacement, when the worker loses his card or the card is destroyed. In the latter case, the application must be accompanied by a declaration on the honor of loss or destruction.


How much does the business card cost?

140 euros for the introduction of the application for a first professional card, its modification, replacement or renewal;
EUR 90 per year of validity for the issue or renewal, via a window of business;
However, no fee is charged when a lost card is replaced.

What are the remedies against a decision to refuse or withdraw a business card?

In the event of refusal or withdrawal of a business card, the applicant may lodge an appeal.
It shall have a period of one month from the date of notification of the refusal or withdrawal to bring it before the Minister of Employment of the Walloon Region.
This appeal must be submitted by signed and registered letter to the Employment and Work Permits Department of the Public Service of Wallonia.
It must be reasoned and accompanied by all the elements and all documents that are useful to the Minister to decide.
In case of confirmation of refusal or withdrawal by the Minister, an appeal may be lodged with the Conseil d’Etat within 60 days of notification of the Minister’s decision

Obtaining the right of residence

Where to apply for a visa

A. You apply for your residence permit (visa D), in person, to the Belgian consulate responsible for the place of your residence or your stay abroad.
You may need to make an appointment before submitting your visa application. It is also possible that the consulate cooperates with an external service provider to whom various tasks are entrusted (information, making appointments, receiving files etc.). In this case, additional service charges are levied.
If there is no Belgian consulate in the country where you reside, contact the Belgian consulate responsible for this country. This position is usually located in a neighboring country.
To find out more about the territorial competence of Belgian consulates, click here
Http://diplomatie.belgium.be/en/Services/Ambassades_et_consulats/

B. If you are already in Belgium, you can submit your application for a residence permit, by reasoned letter, to the municipal administration of your place of residence in the following situations:
A) You are already admitted to or authorized to stay for more than 3 months in Belgium in another capacity (for example, you are already engaged in a professional activity or studying there and hold a residence permit whose validity Is limited) and you meet all the conditions for granting a residence permit in the context of a professional activity (see the supporting documents to be filed at the time of the stay application);
B) You are exempt from the visa requirement for a stay not exceeding 3 months,
By reason of your nationality (see the list of third countries whose nationals are exempt from the visa requirement – Annex 1 to the visa manual), or
Because you are the holder of a visa-free residence permit (see the list of residence permits issued by the Schengen States – Annex 2 to the visa manual), or
Because you are the holder of a valid D visa.
You produce:
(A) documents proving that you are in one of the situations where the application can be lodged with the municipal administration (see Where to apply).
When you invoke exceptional circumstances preventing you from returning to your country for authorization to stay for more than 3 months in Belgium (visa D), you also explain precisely what you consider to be the exceptional circumstances.
(B) the following documents:
> A professional card or a certificate issued by the competent public service to exempt you from this obligation or any other proof deemed sufficient by the competent authorities to attest to this exemption
> A medical certificate attesting that the applicant is not suffering from any of the diseases which may endanger public health
> A certificate attesting to the absence of convictions for crimes or ordinary offenses
You file the original documents together with a photocopy of these documents. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless a treaty provides for an exemption. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
Documents drawn up abroad in a language other than German, French or Dutch shall be translated in accordance with the original by a sworn translator. This translation shall be legalized as a separate document in accordance with the procedure laid down in the country of origin and then by the relevant Belgian Embassy or consulate.

The supporting documents to be filed in the application Visa

(A) a completed and signed visa application form (duplicate)
(B) a travel document in which a visa may be affixed and valid for a period exceeding 12 months (eg a passport)
(C) a business card or a certificate issued by the competent public service to exempt you from this obligation or any other proof deemed sufficient by the competent authorities to certify this exemption
(D) a medical certificate attesting that the applicant is not suffering from any of the diseases which may endanger public health
(E) a certificate attesting to the absence of convictions for offenses under ordinary law

How to file documents?

A. You file the original documents together with a photocopy of these documents. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless a treaty provides for an exemption. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
B. Documents drawn up abroad in a language other than German, French or Dutch shall be translated in accordance with the original by a sworn translator. This translation must be legalized as a separate document in accordance with the procedure laid down in the country of origin and then by the relevant Belgian Embassy or Consulate.

Visa Issuance

As a rule, the visa application is forwarded by the consulate to the Aliens Office, which makes the final decision.
The visa affixed to your travel document is a long-stay visa (visa D).
The visa D has the same effect as a residence card with regard to free movement in the SCHENGEN territory. You are therefore authorized to travel to another SCHENGEN State for a total duration not exceeding 3 months over a 6-month period from the date of your first entry into SCHENGEN territory, provided that you Entry conditions and not to have been reported by the SCHENGEN State on whose territory you are traveling. If you do not meet the entry requirements, you may still be allowed to transit to the SCHENGEN State which issued the D visa.

Refusal to Issue Visa

This decision falls under the exclusive competence of the Aliens Office. It is notified to you by the consulate.
An appeal may be lodged against that decision. Information on remedies is given on the refusal form.
Out of respect for your privacy, neither the consulate nor the FPS Foreign Affairs nor the call center of the Aliens Office will give the reasons for refusing visas to third parties, even if they are the host or the guarantor. However, these reasons can be communicated to your lawyer, if the request is made in writing to the Aliens Office.


Finding out about the status of a visa application

Priority should be given to the consulate in which you have applied for your visa, in accordance with the practical details provided on your web site.
If your application has been forwarded to the Aliens Office for a decision, start by visiting www.dofi.fgov.be (How far is my visa application?). By entering the reference of your visa application and the location of the competent consulate, you will get information about its status.
If necessary, contact the call center of the Aliens Office by phone (+ 32 2 793 80 00) or by e-mail (infodesk@ibz.fgov.be).


Registration at the municipal administration

You apply to the municipal administration of the place where you reside within 8 days of your arrival in Belgium to apply for your registration in the register of foreigners and the issuing of a residence permit (card A). This residence card is entered on the list of residence permits issued by the SCHENGEN States allowing entry without a visa (Annex 2 to the visa manual).
As a general rule, you request the renewal of your residence permit between the 45th and the 30th day before the due date. This renewal is granted by the Office des Etrangers, upon production of a valid work permit.
Certain categories of foreign workers are obliged to report their activities in Belgium before they start working.
For further information on this obligation, refer the worker to the LIMOSA site (www.limosa.be) or to a LIMOSA contact center (+ 32 2 788 51 57 – limosa@eranova.fgov.be).

CHECK-LIST

Check the mandatory  steps

√ Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL necessary documents to your application
(See “What documents to attach to my visa application” on the right)

√ Check your application status

√ If your application is rejected, use the remedies

√ Once you arrive in Belgium, you have 3 days to register with the commune

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

 As a general rule, authorization to stay for more than 3 months in Belgium is granted to a foreign student who wishes to pursue higher education or a preparatory year for higher education as a regular student in an educational institution Organized, recognized or subsidized by public or private authorities.

Submit your application from abroad

Submit your application from abroad

You apply for your visa in person at the Belgian embassy / consulate responsible for the country in which you normally reside. To find out more about the territorial competence of Belgian consulates, click here
RECOMMENDATION
Begin by consulting the web site of the competent post for information on the practical procedures to be followed for the introduction of your visa application. You may need to make an appointment. It is also possible that the consulate cooperates with a Visa Application Center (VAC) to which various tasks are entrusted (information, making appointments, receiving requests etc.). Please also note that the Consulate may invite you for an interview or request additional documentation. Finally, pay attention to the time you will be traveling; The time required to obtain an appointment and the processing time for your visa application are inevitably longer at certain times.
In short, make sure to submit your visa application early enough to avoid any inconvenience and unnecessary expense.

What documents to attach to my visa application?

Your file must contain:
(A) a completed and signed visa application form;
(B) a travel document in which a visa may be affixed and valid for a period exceeding 12 months (eg a passport);
(C) a document relating to the studies envisaged, that is to say, (a) a certificate of registration as a regular student in higher education, issued by an organized, recognized or subsidized educational institution (B) if you are enrolled in a reduced-hour course, evidence that this is your main activity and the preparation or completion of full-time teaching, or (c) if you are attending a year Preparatory course for higher education, proof of the preparatory nature for the higher education envisaged for your training.
(D) proof that you meet the requirements for admission to higher education, that is, your diplomas and transcripts, an attestation of your application for equivalence of diploma or the decision Or equivalence dispatch;
(E) proof that you have sufficient means of subsistence;
(F) a medical certificate attesting that you are not suffering from any of the diseases that may endanger public health;
(G) if you are over 21 years of age, a certificate attesting to the absence of convictions for ordinary offenses
You file the original documents and a photocopy. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless an exemption is provided for. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
Documents drawn up abroad in a language other than German, French or Dutch must be translated by a sworn translator. This translation must be legalized as a separate document following the procedure in the country of origin and then by the competent Belgian consulate.


Who is processing my visa application?

As a general rule, the decision is taken by the Office des Érangers.

I am waiting for my visa. Where can I find information?

Contact the embassy / consulate in the first place, respecting the practical modalities indicated on its web site (opening hours, contacts etc).
If your application has been forwarded to the Aliens Office for a decision, start by consulting the section Where is my visa application? Enter the reference of your visa application and the location of the competent consulate and you will get information about its status.
As a last resort, contact the call center of the Aliens Office by phone (+ 32 2 793 80 00) or by e-mail (infodesk@ibz.fgov.be).

What visa do you receive?

You will receive a D visa (long-stay national visa). This visa shall have the same effect as a residence permit with regard to freedom of movement within the Schengen territory. However, if you are in control, you must be able to demonstrate that you comply with the conditions of entry into Schengen territory and not be reported by the Schengen State in which you are traveling. If you do not fulfill the entry requirements, you will in principle nevertheless be allowed to transit to Belgium


Registration in the municipal administration

You must present yourself to the municipal administration of the place where you reside within 8 days of your arrival in Belgium and apply for your registration in the register of foreigners and the issue of a residence permit (card A). This residence permit is entered on the list of residence permits issued by the Schengen States allowing entry without a visa (Border control – Tab: Visa – Exceptions to the visa requirement – List of documents giving entitlement to the visa) Entry without a visa). As a general rule, you apply for the renewal of your residence permit between the 45th and the 30th day before the expiry date.

y request is rejected What to do?

This decision falls under the exclusive competence of the Aliens Office. It is notified to you by the embassy / consulate. Information on remedies is given on the refusal form.
Out of respect for your privacy, neither the consulate nor the FPS Foreign Affairs nor the call center of the Aliens Office will communicate the reasons for the refusal to third parties, even if they are your host or your guarantor. However, these reasons can be communicated to your lawyer if he / she so requests in writing to the Office des Étrangers

Introduce your stay request from Belgium

You can submit your application for a residence permit, by reasoned letter, to the municipal administration of the place where you reside, in the following situations:

(A) You are already admitted or authorized to stay for more than 3 months in Belgium (Card A) and you fulfill all the conditions for granting a residence permit for the continuation of your studies;
(B) You are exempt from the visa requirement for a stay not exceeding 3 months,
* Either because of your nationality,
* Either because you are the holder of a residence permit allowing entry without a visa,
* Or because you hold a valid D visa.
The list of third countries whose nationals are exempt from the visa requirement and the list of residence permits issued by the Schengen States allowing entry without a visa are published on the website Border Control (Follow: Visa – Visa requirement)
(C) In exceptional circumstances

In all other cases, you must apply for a visa in person at the Belgian consulate responsible for the place of your residence or your stay abroad.
Click here to learn more about the procedure

Which documents to attach to my application for a residence permit?

Your file must contain:
(A) proof that you are in one of the situations allowing the submission of your application in Belgium.
When you invoke exceptional circumstances preventing you from returning to your country to apply for a visa, you describe precisely the events that you believe are the exceptional circumstances.
(B) a document relating to the studies contemplated:

* An attestation of registration as a regular student in higher education, issued by an educational institution organized, recognized or subsidized by the public authorities,
* Or, if you are enrolled in a reduced-hour course, evidence that this will be your main activity and the preparation (or completion) of full-
* Or, if you are following a preparatory year for higher education, proof of the preparatory nature for your higher education.

(C) proof that you meet the requirements for admission to higher education, ie your diplomas and transcripts, a certificate of taking your diploma equivalence application into consideration or the decision or Dispatch of equivalence;
(D) proof that you have sufficient means of subsistence;
(E) a medical certificate attesting that you are not suffering from any of the diseases that may endanger public health;
(F) if you are over 21 years of age, a certificate attesting to the absence of convictions for ordinary crimes

You file the original documents and a photocopy. The originals will be returned to you.
Foreign official documents must be legalized or marked with an apostille, unless an exemption is provided for. All useful information on this formality is available on the website of the FPS Foreign Affairs (http://diplomatie.belgium.be)
Documents drawn up abroad in a language other than German, French or Dutch are translated by a sworn translator. This translation must be legalized as a separate document following the procedure in the country of origin and then by the competent Belgian consulate.

Who processes my application for a residence permit?

As a rule, the decision is taken by the Aliens Office.

What document will I receive?
If you are authorized to stay for more than 3 months in Belgium, the municipal administration will register you in the register of foreigners and give you a residence permit (card A).
This residence card is entered on the list of residence permits issued by the SCHENGEN States allowing entry without a visa (Border control – Visa – Exceptions to the visa requirement – List of documents giving entitlement to entry without visa).
As a general rule, you request a renewal between the 45th and the 30th day before the expiry date.

My application for a residence permit is denied What to do?

This decision falls under the exclusive competence of the Office des Etrangers. It is notified to you by the municipal administration.
You can bring an appeal.
Information on remedies is given on the refusal form.
Out of respect for your privacy, neither the consulate nor the FPS Foreign Affairs nor the call center of the Office des Etrangers communicate the reasons for the refusal to third parties, even if they are your host or your guarantor. However, these reasons can be communicated to your lawyer if he / she so requests in writing to the Office des Etrangers

I am waiting for my residence card. Where can I find information?

Address the municipal administration in priority, respecting the practical modalities indicated on its web site (hours of operation, contacts, etc.).
If your application has been sent to the Office des Etrangers, please contact the call center by telephone (+ 32 2 793 80 00) or by e-mail (infodesk@ibz.fgov.be)

CHECK-LIST

Check the mandatory  steps

√ Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL necessary documents to your application
(See “What documents to attach to my visa application” on the right)

√ Check your application status

√ If your application is rejected, use the remedies

√ Once you arrive in Belgium, you have 3 days to register with the commune

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

Asylum seeker

So far, a refugee recognized by the Commissioner-General for Refugees and Stateless Persons (CGRA) or the Foreign Affairs Council (CCE) was admitted directly to Belgium for an unlimited period and was given a B card.

From 08/07/2016, the stay of a recognized refugee will be limited to 5 years (card A). An unlimited stay will only be possible after 5 years from the date of the application for asylum (Card B). Passing from card A to card B will be on the instructions of the Aliens Office. The practical arrangements will, however, have to be specified in an amendment to the Royal Decree of 8 October 1981.

Cf. Law of 1 June 2016 amending the law of 15 December 1980 (Moniteur belge of 28 June 2016).

 

What is the asylum procedure?

This is a procedure in which the competent bodies examine whether you are
Obtaining refugee status or benefiting from subsidiary protection.

Four instances may be involved in this procedure:

1) The Aliens Office – http://www.dofi.ibz.be

The Aliens Office is the competent authority for access to the territory, residence, establishment and removal
strangers. As part of the asylum application, the Aliens Office will register your application and check whether Belgium is the EU Member State responsible for its examination.

2) The Office of the Commissioner General for Refugees and Stateless Persons – http://www.cgra.be

The Office of the Commissioner General for Refugees and Stateless Persons is the body that examines your asylum application and decides whether to recognize refugee status or to grant subsidiary protection

3) The Council for the Litigation of Aliens – http://www.cce-rvv.be

The Litigation Council for Foreigners is competent to hear appeals against decisions taken by the Aliens Office and the General Commissioner for Refugees and Stateless Persons

4) The Council of State: http://www.raadvst-consetat.be

The Council of State is a court
An appeal may be lodged against a judgment of the Council for the Litigation of Aliens

Registering your asylum application

When you declare you want to apply for asylum, you must provide the following information:

1) Your complete identity (name, first name, date and place of birth, nationality);

2) Your identity documents and any other documents you have available, through which you can prove your identity, as well as the documents available to you that are relevant to your asylum application;

3) The date of your arrival in Belgium;

4) Your address and the place where you have your domicile in Belgium.

You must elect domicile in Belgium. This means that you must indicate an address to which the Aliens Office and the Office of the Commissioner General for Refugees and Stateless Persons can send you all correspondence relating to your asylum application (summonses, requests for information, etc.).

If you do not specify an address, the Office of the Commissioner for Refugees and Stateless Persons will automatically
Considered your elected domicile. The address of the elected address is then: Boulevard Roi Albert II, 26 A to 1000 Brussels. All documents / decisions of the Aliens Office and the Office of the General Commissioner for Refugees and Stateless Persons are sent to this address. In this case, you must pick up your mail at the above address.

It is important that you choose yourself the address to which the documents are sent and that you are certain to go there and receive the mail addressed to you.

Any change of the elected domicile must be communicated by registered letter to the Aliens Office and the General Commissariat for Refugees and Stateless Persons. A specific form is provided in this framework (www.cgra.be/fr/Formulaires/).

5) Language of the proceedings

The language of the procedure is the language in which the asylum procedure will take place. In Belgium, French or
Dutch is the language used throughout the asylum procedure.

If you are fluent in Dutch or French, you can choose one of these languages ​​as your language of hearing. This language then becomes the language of procedure.

You can also ask to be assisted by an interpreter. In this case, the Aliens Office determines the language of the proceedings (French or Dutch) according to the needs of the departments and the authorities.

6) You are photographed and your fingerprints are taken

Registration of fingerprints allows the Aliens Office to check whether you have already
Request for asylum in Belgium or in another State signatory to Council Regulation (EC) No 343/2003 of 18 February 2003 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum. Asylum lodged in one of the Member States by a third-country national.

The photograph is used to create the certificate confirming that you have applied for asylum in Belgium.

7) An X-ray of your lungs is performed

After the registration, an X-ray of your lungs is done to check if you are suffering from tuberculosis. An X-ray of your rib cage is taken and sent to the Fund for Respiratory Diseases (FARES) or Vlaamse vereniging voor respiratoire gezondheidszorg en tuberculosebestrijding (VRGT) which ensures that you are not carriers of the disease.

What if you can not attend the hearing on the day set by the Aliens Office?
 

If you can not be present on the scheduled date, you must notify the Aliens Office as soon as possible. The motives you make should be based.


What happens if Belgium is not responsible for examining your asylum application?

The purpose of the hearing before the Aliens Office is to determine whether Belgium is responsible for processing your asylum application on the basis of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria And mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.

If Belgium is not responsible for examining your asylum application, but another Member State of
The European Union, as well as Norway, Iceland, Switzerland and Lichtenstein, a decision to refuse to stay with an order to leave the territory shall be notified.

You receive a pass to go to the State responsible for processing your asylum application.

Read more in the Brochures-Dublin 

What happens if Belgium is responsible for examining your asylum application?

After the hearing, the Aliens Office forwards the file to the General Commissioner for Refugees and Stateless Persons to examine your asylum application

What happens when you file a new asylum claim after a negative asylum procedure (multiple asylum application)?

If you apply for asylum, at least for the second time in Belgium, an official of the Aliens Office will record your declarations, if necessary with the help of an interpreter, concerning the new elements you wish to invoke. In order for your new refugee claim to be considered, these new elements will significantly increase the likelihood that you will be eligible for refugee status or refugee status.
Subsidiary protection. You will also need to explain why you were unable to produce these items earlier.

Holding in a certain place

In certain cases provided for by law, the Aliens Office may decide to keep you in a specific place (closed center / family accommodation). The possibility of maintenance exists

1) during the examination of the determination of the State responsible for processing your asylum application,

(2) in certain cases during the examination of the application by the Aliens Office, for example: if you refuse to file your declaration or to reply to the questionnaire of the Office of the Commissioner General for Refugees and Stateless Persons,

3) following certain negative decisions by the Commissioner General for Refugees and Stateless Persons

(4) after the asylum procedure where Belgium is not responsible for the processing of the application, where refugee status has not been recognized and subsidiary protection has not been granted.

Presentation to the municipal administration

Once you have applied for asylum and if you are not kept at a specific place, you must present yourself within eight working days of the asylum application to the local administration of your place
Of principal residence (unless you are kept in a specific location). The municipality is competent to issue you a certificate of registration – model A valid for 3 months from the date of issue and extendable.

In the case of multiple applications, an annex 26 quinquies is issued to you, it is extended by the Aliens Office
Until the Commissioner-General for Refugees and Stateless Persons has taken a decision in your asylum application (unless you are kept in a specific place). If your application is considered,
The Aliens Office instructs the municipal administration competent for your main place of residence to issue a registration certificate valid for 3 months from the date of issue. She is
Extended until the Commissioner-General has ruled on your application

You are recognized as a refugee by the Commissioner General for Refugees and Stateless Persons or by the Council for Foreign Litigation

When the Commissioner General for Refugees and Stateless Persons or the Foreign
Recognizes refugee status, you can go to the municipal administration, which gives you a card A (limited stay of 5 years). After 5 years from the submission of your application
You will receive a B card (unlimited stay), unless the refugee status is withdrawn.

Subsidiary protection is granted to you by the Commissioner-General
Refugees and stateless persons or by the Council for the Litigation of Foreigner

The Aliens Office instructs the municipal administration competent for your main place of residence in Belgium to issue a card A (residence permit of limited duration) when either the Commissioner General for Refugees and Stateless Persons or the Litigation Council of Granted you subsidiary protection. The residence permit which recognizes the admission to the stay is valid for one year. In case of extension, it is valid for two years. After the expiry of a period of five years from the date of the application for asylum, unless otherwise stated, you are authorized to stay for an unlimited period.

Order to leave the country - first asylum application

When the Commissioner General for Refugees and Stateless persons refuses to recognize refugee status and refuses to grant subsidiary protection and you are illegally staying in Belgium, the Aliens Office issues an order to leave the country (13 quinquiès ). This order to leave the territory is sent by mail
Recommended to your elected home.

If you bring an unlimited appeal against the decision of the Commissioner-General to the Council of
Litigation of foreigners, the Aliens Office instructs the municipal administration competent for your main place of residence to issue a Schedule 35. This document is valid for 3 months from the date of
The date of issue and is then extended monthly until the Litigation Council has ruled on your appeal.
If the Aliens Litigation Board refuses to recognize refugee status and denies the granting of protection
Subsidiary and you are illegally staying in Belgium, the Aliens Office extends the time limit on leaving the previously issued territory (13quinquies). The time limit for this extension is 10
days. It can be extended twice if you work well together on the return journey.

Order to leave the territory - multiple asylum application
 

When the Commissioner-General does not take your application for asylum into consideration and you are in an illegal residence in Belgium, the Aliens Office issues an order to leave the territory (13quinquiès) which is sent to you by mail Recommended to your elected home. 


Unaccompanied foreign minor

Definition of MENA (Article 5 Law-program of 24/12/2002)

Every person:

  • Of less than eighteen years,
  • Not accompanied by a person exercising parental authority or guardianship under the national law of the minor,
  • A national of a country which is not a member of the European Economic Area,
  • And being in one of the following situations:
    • Or have applied for recognition of refugee status;
    • Or failing to comply with the conditions of entry and residence determined by the laws on access to the territory, residence, establishment and removal of aliens.
Reporting MENAs

All minors who answer the citations defined in the circular of 23/04/2004 must be reported to the Aliens Office using the card “unaccompanied foreign minor”.

Contact details of the Office des Étrangers

Office of Foreigners

MINTEH cell

WTC II

Chaussée d’Anvers 59 B

1000 Brussels

Fax .: 02/274 66 57

E-mail: Bur_3M01@dofi.fgov.be


Victim of trafficking in human beings and trafficking in human beings

Definition of trafficking in human beings

Article 433 quinquies of the Criminal Code.

Recruiting, transporting, transferring, harboring, accommodating, transferring or transferring control over the person in order to operate the person.

The operation includes:

  • Sexual exploitation
  • The exploitation of begging
  • Economic exploitation through labor
  • The removal of organs
  • The act of committing a crime or an offense against his will.

Definition of trafficking in human beings

Article 77bis of the Law of 15 December 1980.

The fact of contributing, in any manner whatsoever, either directly or through an intermediary, to allow the entry, transit or residence of a person who is not a national of a Member State of the European Union, To obtain, directly or indirectly, a patrimonial advantage.

Aggravated Trafficking in Human Beings

There are also aggravated forms of trafficking in human beings. Article 77 quater of the law of 15 December 1980 makes it possible to punish criminals who transport irregular migrants in conditions dangerous for their lives.

Thus, the victim may enjoy protection status when the author has:

  • Abused his minority status (Article 77c, 1 °)
  • Abused his / her state of particular vulnerability (illegal administrative situation pregnancy, illness, infirmity or physical or mental impairment …) (Article 77c, 2 °)
  • Uses, directly or indirectly, fraudulent acts, violence, threats or coercion (Article 77c, 3 °)
  • Put his life in danger deliberately or through gross negligence (Article 77c, 4 °)
  • When the offense has caused a seemingly incurable disease, a permanent physical or psychological incapacity, complete loss of an organ or use of an organ, or serious mutilation (Article 77c, 5 °).

Philosophy

The aim of Belgian policy on combating trafficking in human beings and aggravated forms of trafficking is to:

  • Help victims of human trafficking and / or certain aggravated forms of trafficking in human beings by:
    • Legal and administrative follow-up
    • Psychological and medical follow-up
    • Social monitoring
  • The need to fight authors and / or networks.

Access to victim status TEH

The person must meet three cumulative conditions:

  • Having broken contacts with the alleged perpetrator (s)
  • Be compulsorily accompanied by a specialized reception center recognized by the competent authorities
  • Cooperate with the judicial authorities by making statements or by filing a complaint

Information, support and monitoring

Information for potential victims

Police and inspection services must ensure that victims are properly informed about the protection status they might acquire. At present, a brochure containing the coordinates of the reception centers is communicated to them. Police and inspection services should refer any potential victim to one of the three specialized centers.

Care of victims by specialized centers

The victim must be accompanied by a specialized reception center recognized by the competent authorities. There are three specialized centers (open 24 hours a day):

Payoke vzw (Flemish Region)
2000 Antwerpen
Tel .: 03 201 16 90
Fax: 03 233 23 24
Pag-Asa (Brussels region)
1000 Brussels
Tel .: 02 511 64 64
Fax: 02 511 58 68
Sürya asbl (Walloon region)
4000 Liège
Tel .: 04 232 40 30
Fax .: 04 232 40 39
The centers have a reception center where victims can be accommodated in case of need. This accommodation is limited in time. Victims may also be accompanied on an outpatient basis either after accommodation in the center or directly, depending on the case.

The centers also provide psychological and medical support to victims to overcome trauma; They provide them with medical care, help them to take care of themselves, and build a plan for the future.

The center is empowered to submit applications for residence and extension documents during the TEH procedure. These requests are made directly to the Office des Etrangers.

In addition, the centers shall defend the rights and interests of the victim during the judicial proceedings, in particular through the possible assistance of a lawyer, an interpreter and the constitution of a civil party.

Cooperation of the victim in the judicial investigation

The presence of the alien victim is useful in the ongoing judicial investigation.

The willingness to cooperate on the part of the victim stems from the fact that:

  • That it files a complaint against the persons who have exploited it
  • Make statements in the course of the investigation
  • That it responds to requests for information made by the judicial services.

Stay procedure

Reflection period: issue of an “order to leave the territory” valid for 45 days

These 45 days are granted to allow the victim to recover and regain a serene state. During this period, it must make a decision:

  • Make statements or make a complaint: when the victim immediately lodged a complaint or made a statement, this first phase is superfluous
  • Prepare to return to their country of origin.

Grant of a “certificate of registration” (AI) model A valid for 3 months

When the victim has filed a complaint or has made a declaration, a certificate of registration of three months will be issued.

The IA may be extended for a further period of 3 months. The foreigner must try to prove his identity by presenting his passport or a travel document in lieu or his identity card.

At the request of the Office des Etrangers, the King’s Prosecutor or the Labor Auditor shall indicate during the period of the IA if:

  • That the judicial process is still under way,
  • The foreigner always shows his willingness to cooperate
  • The foreigner can still be considered a victim.

Granting of a “certificate of registration in the register of foreigners” (CIRE) limited (6 months)

When the King’s Prosecutor or the Labor Auditor has confirmed:

  • la procédure judiciaire est toujours en cours
  • l’étranger manifeste toujours sa volonté de coopérer
  • l’étranger peut toujours être considéré comme victime.

Octroi d’un « certificat d’inscription au registre des étrangers » (CIRE) limité (6 mois)

Lorsque le Procureur du Roi ou l’Auditeur du travail a confirmé :

  • That the judicial process is still under way,
  • That the person concerned may always be regarded as a victim,
  • That the foreigner cooperates,
  • That he has severed all ties with the alleged perpetrator,
  • That it is not considered to endanger public order or national security.

The answer to these 5 questions depends on the issuance of the certificate of registration in the register of aliens.

Granting of an unlimited “certificate of registration in the register of foreigners”

The Minister or his delegate may authorize the alien victim to remain unlimited when the complaint has resulted in a conviction or if the prosecutor of the King or the auditor of the work has retained the prevention of trafficking or trafficking in his requisitions.

The foreigner must also prove his identity document by means of his passport, a travel document in lieu thereof, an identity card or valid proof that he is unable to obtain this document in Belgium.

End of the procedure

It may be decided to terminate the residence permit (AI):

  • If it is established that the alien has voluntarily re-established a link with the alleged perpetrators
  • If it is considered to compromise public order or national security.

It may be decided to terminate the residence permit (CIRE):

    • If it is established that the alien has voluntarily re-established a link with the alleged perpetrators
    • If the foreigner has ceased to cooperate
    • Where the judicial authorities have decided to terminate the proceedings
      If the alien is considered to be capable of compromising public order or national security
    • If the foreigner’s cooperation is fraudulent or his complaint is fraudulent or unfounded.

Contact details of the Office des Étrangers

Office des Etrangers

Bureau MINTEH

WTC II

Chaussée d’Anvers 59 B

1000 Bruxelles

Fax.: 02/274 66 95

E-mail : Bur_TEH@dofi.fgov.be  

CHECK-LIST

Check the mandatory steps

√ Calculate if your stay is less than three months

√ Determine whether you need a visa or not

√ Contact the Belgian consulate in your country to obtain a bisa

√ Attach ALL necessary documents to your application
(See “What documents to attach to my visa application” on the right)

√ Check your application status

√ If your application is rejected, use the remedies

√ Once you arrive in Belgium, you have 3 days to register with the commune

√ If in doubt, consult the Frequently Asked Questions on the right or contact us

FREQUENTLY ASKED QUESTIONS

Exceptional residence authorization for reasons other than medical reasons (Article 9Bis)

Legal and regulatory sources:

1) Law of 15 December 1980 on access to the territory, residence, establishment and removal of aliens (Article 9bis, Article 9quater) as amended by the Law of 15 September 2006 amending the Law of 15 December 1980;

2) Royal Decree of 08.10.1981 concerning access to the territory, residence, establishment and removal of aliens;

(3) Circular of 21.06.2007 relating to changes in the regulations governing the stay of foreigners following the entry into force of the Law of 15 September 2006 (pages 7 to 10).

Article 9 of the law of 15 December 1980 stipulates that: “… except in the case of derogations provided for by an international treaty, by a law or by a royal decree, this authorization [to remain in the Kingdom beyond the term provided for in Article 6] shall be applied for by the alien to the Belgian diplomatic or consular post competent for the place of his residence or residence abroad. ‘

However, Article 9bis provides for an exception to the rule laid down in Article 9 by stipulating that: “In exceptional circumstances and on condition that the alien has an identity document, Be requested from the burgomaster of the locality in which he resides, who shall transmit it to the Minister or his delegate. When the Minister or his delegate grants the residence permit, it shall be issued in Belgium. “

An application for a residence permit on the basis of Article 9bis MUST be submitted to the municipal administration of the Belgian municipality where the alien resides. This condition is met only if the commune of introduction of the application confirms the actual residence of the applicant in its territory. No follow-up will be reserved for copies of requests addressed directly to the Aliens Office.

For each application, the communal administration must conduct a residence survey within ten days to ensure that the applicant actually resides in the municipality. If this investigation is positive, the application will be sent without delay to the Aliens Office with the positive report of residence. If it is negative, the municipal administration will refuse to take the request into consideration and this will not be communicated to the Aliens Office. On the other hand, the refusal to take into consideration will be communicated to the foreigner and to the Office des Etrangers.

Applications submitted to the Aliens Office by the municipal administrations and accompanied by a positive report of residence will be examined on their admissibility and, if applicable, on the merits. The foreigner, through the municipal administration or through his / her elected domicile (the notification via the elected domicile is provided for by Article 9quater of the law of 15.12.1980), as well as his lawyer, will be notified by mail as soon as one Decision will be taken.

Under penalty of inadmissibility, application 9bis MUST be accompanied by copies of identity documents. Only an internationally recognized passport, equivalent travel document or national identity card is considered. These documents are not required to be valid.

Moreover, as stipulated by the law, “the condition that the alien has an identity document does not apply:

– to the asylum-seeker whose asylum application has not been the subject of a final decision or who has lodged an administrative cassation appeal declared admissible in accordance with Article 20 of the Council of State Acts , Coordinated on 12 January 1973, until such time as a judgment in which an appeal is dismissed;

– abroad which validly demonstrates its inability to obtain the required identity document in Belgium. “

Similarly, if no argument is mentioned by the alien as constituting an exceptional circumstance or is retained as such by the Minister or his Delegate, the application shall be declared inadmissible.

On the other hand, if an exceptional circumstance is established, the application will be dealt with on the merits.

In the event of a positive decision, the foreigner will be in possession of an A card (temporary stay) or a B card (unlimited stay) depending on the reasons for the residence permit.

Lastly, the notified decisions are subject to appeal within 30 days (after notification) to the Foreign Litigation Council. The procedures for doing so are specified in each decision.

Attention: this text is not exhaustive

Residence permit for medical reasons (Article 9ter)

Legislation and Regulations

  • Law of 15 December 1980 on Access to the Territory, Residence, Establishment and Removal of Aliens as amended by the Law of 15 September 2006;
  • Law of 7 June 2009 (M.B. 03.08.2009) amending the Act of 15 December 1980 on the admission to the territory, residence, establishment and removal of aliens as regards medical advice;
  • Law of 29 December 2010 on miscellaneous provisions (MB 31.12.2010) – Articles 187 and Article 188;
  • Law of 8 January 2012 (M.B. 06.02.2012) amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens;
  • Law of 14.12.2015 (M.B. 30.12.2015) amending Articles 9bis and 9ter of the law of 15.12.1980 on access to the territory, residence, establishment and removal of aliens;
  • Royal Decree of 8 October 1981 on access to the territory, residence, establishment and removal of aliens;
  • Royal Decree of 17 May 2007 (MB 31.05.2007) laying down detailed rules for the implementation of the Law of 15 September 2006 amending the Law of 15 December 1980 on access to the territory, residence, establishment and remoteness of Foreigners;
  • Royal Decree of 7 May 2009 (M.B. 02.06.2009) appointing medical experts;
  • Royal Decree of 24 January 2011 (MB 28.01.2011) amending the Royal Decree of 17 May 2007 laying down detailed rules for the implementation of the Law of 15 September 2006 amending the Law of 15 December 1980 on access to the territory, residence , The establishment and removal of foreigners;
  • Circular of 21 June 2007 (M.B. 04.07.2007) on changes in the rules governing the stay of foreigners following the entry into force of the Law of 15.09.2006..

Procedure

The medical regularization procedure aims at allowing foreign nationals who are really seriously ill to stay if their removal would entail unacceptable humanitarian consequences, ie if the disease is such as to involve a real risk to his life Or his physical integrity or a real risk of inhuman or degrading treatment where there is no adequate treatment in his country of origin or in the country where he is staying.

The foreigner transmits with the application all the useful and recent information concerning his disease and the possibilities and accessibility of adequate treatment in his country of origin or in the country where he is staying.

Foreigners staying in Belgium must apply for a residence permit on the basis of Article 9ter directly to the Foreigners’ Office by registered mail to the following address:

Foreign Office

Exceptional Direction Direction – Medical Section

Chaussée d’Anvers 59B

1000 Brussels

The Act grants the Delegate of the Minister the competence to assess the admissibility of applications and provides that the Delegate will declare the application 9ter inadmissible in the following cases:

Where the foreigner does not submit his application by registered mail to the Minister or his delegate or where the application does not contain the address of the actual residence in Belgium;
Where, in the application, the alien does not prove his identity in the manner referred to in Article 9ter §2 of Law 15 December 1980 or where the application does not contain the proof provided for in paragraph 2 (3);
Where the standard medical certificate [1] is not produced with the application or where the standard medical certificate does not meet the conditions laid down in Article 9b (1) (4) of the Law of 15 December 1980 (Less than three months before the application is filed) indicates the disease, its severity and the treatment deemed necessary;
Where the medical officer or the medical officer designated by the Minister or his delegate, referred to in Article 9ter, § 1, paragraph 5, states in a notice that the disease clearly does not correspond to an illness referred to in § 1, Which may give rise to a residence permit in the Kingdom;
In the cases referred to in Article 9a (2), (1) to (3), or if evidence relied upon in support of the application for residence in the Kingdom has already been invoked in the context of a previous 9Ter application (with the exception of the elements invoked in the context of an application deemed to be inadmissible on the grounds set out in paragraphs 1 to 3 and with the exception of the elements relied on in previous applications which have been discontinued) .
If the alien is not excluded from the benefit of Article 9ter (where the Minister or his delegate considers that there are serious grounds for considering that the person concerned has committed acts as referred to in Article 55 / 4 of the Act of 15 December 1980 on Access to the Territory, Residence, Establishment and Remoteness of Aliens) and if the application 9ter meets all the admissibility requirements, the Minister’s delegate The municipality to issue a certificate of registration (AI) to the applicant and to enter it in the Register of Aliens.

As from 1 March 2016, only the last 9Bis or 9Ter application (under the Law of 14.12.2015) is processed. In practice, this means that when a foreigner applies for a new application 9ter after 01.03.2016, while there is still another previously filed and still pending application [9], the Aliens Office will deal only with the most recent application . The introduction of a new application implies, therefore, that the foreigner withdraws pending applications filed previously, whether they have been introduced before or after the entry into force of the law of 14.12.2015.

The foreigner is also obliged to invoke, in each new application, all the relevant elements to make his claims. Similarly, the elements which were included in the previous pending applications should be repeated: this is a confirmation of its duty of care.

A medical officer or a physician designated by the Minister or his or her delegate shall examine whether the applicant’s disease involves a real risk to life or physical integrity or entails a risk of inhuman or degrading treatment where there is no treatment In his country of origin or in the country where he is staying. It shall also assess the possibilities of treatment in its country of origin or in the country in which it resides and the availability thereof and shall deliver an opinion thereon. Such doctor may, if he deems it necessary, examine the alien and seek further advice from experts.

The designated medical practitioner is fully independent in formulating his opinion. After obtaining this opinion, the delegate makes a decision on the merits concerning the stay.

The decision shall be notified through the intermediary of the municipality or to the elected address (in the latter case, in accordance with the procedure laid down in Article 9quater of the Law of 15 December 1980). The applicant may lodge an appeal against the decision notified to him within 30 days by the Aliens Litigation Board.

In the event of a favorable decision on the merits, the municipality will issue a certificate of registration to the Aliens’ Register (Card A), for a period of one year, upon instructions from the Aliens Office. The residence permit granted for a limited period on the basis of Article 9ter becomes unlimited (Card B) at the end of the five-year period following the application for authorization.

However, a foreigner who has been authorized to a limited stay on the basis of Article 9ter of the Law shall be deemed to no longer satisfy the conditions of his stay within the meaning of Article 13 § 3 (2) The law, if the circumstances on the basis of which the authorization was granted are no longer present or have changed in such a way that such authorization is no longer necessary. In this context, it is necessary to check whether the change in circumstances is sufficiently significant and not provisional.

Warning: this text is not exhaustive.

Medical Certificate for Executive Management Exceptional Stay