Legal Issues in Belgium

WORK PERMITS AND VISAS

Any foreigner may enter and visit Belgium for a period of up to three months. A longer stay requires the visitor to apply for residence status.

Any non-EU National seeking to work in Belgium must apply for and be granted a Work Permit AND a Residence Visa PRIOR to seeking entry to the Country.

EU Nationals do not of course require a Work Permit – although they must still comply with other registration procedures.

If the partner of a non-EU work permit holder is also a non-EU National, it is unlikely to be possible for the spouse to obtain a work permit and he or she will NOT therefore be allowed to work as an employee in Belgium. For a highly skilled individual, it may be possible to find an employer who may sponsor a work permit application but this could be a lengthy process including advertising the post to ensure that there are no EU Nationals available to take the role. Many spouses establish themselves as “independents” and then obtain a professional card, enabling them to work on a part-time basis for different employers.

REGISTRATION PROCEDURES

Any non National intending to stay for more than three months must advise the local police within 8 days of arrival.

Shortly after establishing a permanent residence, it is obligatory to visit the Local Commune or Town Hall to register. It has to be said that whilst many of the Communes are very friendly and helpful, others can be a little intimidating and unhelpful if you do not speak the local language. Different Communes may also require presentation of slightly differing documentation but this usually includes a valid passport or national identity card and three passport photographs. A temporary residence visa is issued initially whilst the applicant’s credentials are thoroughly checked with the Foreign Ministry. Once approved, an Identity Card will be issued which is valid for five years or the duration of a Work Permit if this is for a lesser term.

All persons over the age of 12 are required to carry their ID Card with them at all times. When eventually leaving the country, it is also a federal offence to fail to de-register with the local Commune.

DRIVING

Under Belgian Law, all motorists must hold a valid Driving Licence which is recognised by the Authorities.

EU Nationals:

- are not required to exchange their driver’s licence and may drive without restriction. However, it is recommended that they provide a copy of their licence to the Local Commune when registering. The Commune will retain a copy on the official file; should the original be lost or stolen, it is then possible to obtain a Belgian replacement. It is not possible to get a licence from the home country unless you are also resident there.

Non-EU Nationals

- must take both a theory and practical test and then apply for a Belgian Licence unless they come from a country with a reciprocal arrangement under the La Haye Convention.

A citizen from one of these countries, for example the United States, will need to apply for a Belgian Licence as soon as they have received their Identity Card from the appropriate Commune. The following documentation will be needed:

  • A valid driving licence which is at least six months old,
  • A certificate of authentication from the appropriate Embassy,
  • Belgian Identity Card,
  • Two Passport Photographs,
  • Payment of the communal tax charge,
  • The current fee in fiscal stamps.

For citizens of countries which are not recognised, such as Canada, the original home licence is only valid for stays up to 90 days as a visitor. Once the owner is registered as a resident, the original licence is no longer valid.

Time Zones