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PR with Type D card if working with local company as a NR tax status?

expatbluelurker

Hello,

I am a non-EU citizen working on a single permit here in Belgium. I have a local Belgian contract with an ex-pat contract, however, I am a non-resident taxpayer. This status helps employees to get slightly more salaries compared to regular/resident taxpayers.

This article says that Belgium has changed its lawsrelated to immigration and granting PR to non-EU residents.

Will I be eligible for PR with a Type D card with this non-resident tax status? I have already completed 3 years in Belgium.

See also

Work permit in BelgiumVisas for BelgiumThe Working Holiday Visa for BelgiumHelp for Single Permit ApplicationFamily reunification
Bruusels_be

If you have a local contract and working here then I believe should not be any problem.
The law has changed for those who were employees from other country and deputed to Belgium for some work from the root company. Like if you are employee of Cognizanr India and working in Belgium for Belgian client. Normally before this law anyone with above status staying after 5 years used to receive unlimited stay status which is stopped with this new law.

expatbluelurker

Yup, my employer is a Belgian company and I joined here directly. Do you have any article or link to the official site which explains this? I couldn't find anything related to this.

Bruusels_be

1. https://www.altea.be/en/practice-areas/ … ation.html

2. https://emnbelgium.be/sites/default/fil … n%20BE.pdf

Happy reading.

expatbluelurker

Thanks a lot. Will go through them.

vickykaushal

Hi I have similar situation...

Need advice if spouse of D or B card holder will be eligible for Permanent residence card??...if he has completed the 5 years on expat contract with Foreign company.

Also my spouse apply for D card in Commune but even after 5 months commune is not replying on the status of card...She has completed 5.5 years in Belgiam and working for local Belgian company for 4.5 years.....Can we approach some place legal advice.?

expatbluelurker

I think you can directly approach the commune. If the ministry does not take a decision, the commune is obliged to give you the PR card. A friend of mine did the same.

vickykaushal

I am from evere commune...they said they will check with ministry  and come back to me   on the same day...but they did not...they are not picking phone or replying the emails.....also visiting them will be difficult as they only allow visitor on appointment basis and next appointment is available in 2 months time...
Not sure how can I pressurize them for accepting our application....

expat2021

Hi. When I request for card D, they issue an Annex (after submitting all the necessary documents). In that Annexx, it says that the processing time as 5 months).
If you commune doesn’t receive the Response from the ministry, they are obliged to issue card D.

Please update us about your result to help other members.

vickykaushal

Hi all, good news my spouse have received the D Card. But I am not sure if I will be eligible for permanent RP card. My details are following:
-Completed 5 years of continuous stay
-Working in Indian company from 5 years on seconded model (Expat)
My initial PR request was reject because I was on expat model from last five years. But now since my spouse has got the D card. Will this change any thing for me? will I be eligible for B or D card?
Do I need to do anything to get B or D card? like become her dependent? or wait for another 5 years for PR :(

747dash8

PR card eligibility does not depend on what your spouse has.

You will have to join a local company (paying taxes in Belgium) and most probably redo the five years.

Check once with the commune if there are any other options.

All the best.

Cheers,
N