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Query regarding Work permit B application

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BelgExpat4

I am an Indian living with my spouse in Belgium. My work permit B expired last month and now my employer wants me to return to India. As my husband is also working in Belgium, I do not want to go back to India. So, only feasible solution for me is to convert my status to his dependent. I am also trying to find a new job in parallel. Regarding this, I have two questions:

1. If I start the process to get my status converted to dependent and meanwhile I manage to get a new job before the expiry of my Residence Permit, will I be able to get work permit B given the circumstance that the dependent conversion process is already in progress and is not yet complete?

2. If I get a job before starting the process to convert my status to dependent, will my new employer be able to process a new work permit B for me?

solexhonda

As you're WP B is already expired Im guessing that ure RP is expiring soon in a couple of months. In this circumstance given that ure running out of time, try to get a job asap..read..ASAP and if that happens then great. You can get a new RP before the current one expires. If that does not happen, u have no choice but to start your dependent change of status to ure husband. The commune will give u an orange card once the current one expires to cover the gap. Alternately they may ask u to leave Belgium and reapply for dependent status from India if they feel ure current RP is expiring soon.

Ans 1. So to answer ure question, of course while ure COS to dependent is under processing (6 months I believe) a new employer can always apply for WP B and and u need to wait for the result of the COS and then get ure RP based on dependent approved status. 

Ans 2. Yes. of course. that would be best case scenario assuming it happens quickly.

BelgExpat4

Thanks a lot your reply. I am trying my best to get a new job. If I get a new job, I am wondering if ministry will reject my new work permit from a new employer as my work permit was already rejected before. Do you have any clue about it?

solexhonda

Each application is judged on its own merit so as long as you fulfill the conditions for a WP B application you should be ok.

What was the reason for the earlier rejection anyway? Was it the same one that you ended up working on after it got approved or was it for a totally new employer and job?

BelgExpat4

I had gone for a paid maternity leave last year. After the completion of my paid maternity leave, I took additional three months leave without pay for the purpose of childcare. Due to this, there was a gap in my payslips and apparently the minimum salary criteria was not met - hence the ministry rejected the extension of my Work Permit. This Work Permit was from the same employer as the one I have had all my previous Work Permits for the past four years.

Considering such a case, do you think whether the ministry can reject if a new fresh Work Permit is filed for me from a new employer? Is it also possible that the new employer applies for a fresh Work Permit for me before I resign from my current job? I ask this because it will be a big risk for me if I resign from my current job and my fresh Work Permit application from my new employer also gets rejected later.

solexhonda

What is not clear is that you say your last wp was rejected and you say you are still currently employed. When is your current wp valid till? Could you please specify expiry dates of your current WP and RP?

aneesh

Considering such a case, do you think whether the ministry can reject if a new fresh Work Permit is filed for me from a new employer?

--> As solexhonda mentioned, each application is considered on it's merit. As a new employer is applying for your work permit to start on a new role, I am sure they have checked and made sure you meet the pre-requisites are met and you are eligible to apply. I don't think your work history will play a role here. (Assumption is that the work permit is applied for a fresh position)

Is it also possible that the new employer applies for a fresh Work Permit for me before I resign from my current job?

--> It is possible for your new employer to apply for a fresh work permit while you are employed with another employer.


To give useful answers on rest of the questions, as solexhonda asked, if you can mention the expiry dates of your WP, RP, etc.

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