I couldn't find related discussions and hence starting a new thread/topic.
Hello All,
I am trying to understand what are valid grounds to retain long term resident status when leaving EU for more than 12 months (in scope of an international job assignment).
My local employer in Belgium would like to send me on an international assignment to Japan lasting 18months. This assignment is beneficial to my employer as well as enriching for my career. However I don't want to loose the L-card and go back to A-card renewals as a result of this assignment.
I believe it is not a common situation and information is limited. The available https://www.vreemdelingenrecht.be/verbl … -d-l-kaart
Critical information from above source below (translated), with relevant info highlighted in bold
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Absence from the European Union:
You lose your right of residence if you have left the European Union for 12 consecutive months. Or for 24 consecutive months if you are a former holder of a European Blue Card.
You do not lose your right of residence if you have left the EU for 12 consecutive months, by informing the municipality of your absence in advance. You must also meet the following conditions:
- You must be in possession of a valid EU residence permit for long-term residents. To do so, apply to the municipality for renewal of your residence permit in advance (if necessary);
- You have a valid reason for your absence. The valid reasons are:
- You are fulfilling your military service in your country of origin. You must return within 60 days of fulfilling that military service.
- You enjoy health care in your country of origin. You must return within 60 days of the end of the health care.
- You are following studies in your country of origin. You must return within 60 days of the end of the studies.
- You are leaving the European Union for other reasons, but retain your main interests in Belgium. You must register within 15 days of your return at the municipality of your place of residence.
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I am trying to understand what constitutes 'other reasons, but retaining main interests in Belgium' mean. Would be quite useful to hear from people who know of / experienced similar situation.
For reference, following is my personal situation:
I am a non-EU resident in Belgium with a recently acquired L-card (long term EU resident). I have been on a (local) employment contract of unlimited duration since 2018, paying social security / taxes as normal local employee. Previously I had A-card/single permit which were renewed periodically.
During my (potential) international assignment:
My Belgian employment contract (of unlimited duration) remains active and an addendum is signed extra for the terms & conditions of the assignment. My local employer will continue to pay taxes and social security on my behalf in Belgium. Additionally, my spouse (non-EU, also with L-card) will continue to stay and work in Belgium during my international assignment:
Would the above constitute reasons to 'retaining main interests in Belgium' and avoid losing the long term resident status?
Looking for opinions & guidance here
Regards,
Avinash