Exemption of Single permit after 4 years of continuous employment

Hi,

I have acquired the indefinite Work permit (non employer bounded).
1. You live in flanders as this rule is applicable only for flanders.
2. You should have done 4 continuos years (i.e 48 payslips) to be furnished.
3. The application needs to be  sent to the work permit office in brussels via post along with other documents.
4. Processing time is the same as normal work permit. Only benefit is you will not have to apply again next year for a work permit. You simply need to go to the commune to ask for resident card extension.

mchattha wrote:

Hi Friends,
Does some body knows and advice me about the possibility to be exempted from single permit after continuously working in Belgium for 4 years? If that's the case then what is the procedure , how long it takes and who should be contacted? The employer or the municipality ?
If it also takes 3-4 months for decision on exemption , is it wise to apply instead for new work permit?
Does any body already have this experience?

Much appreciated.
regards,
M

This rule is not applicable if your work permit is in high skilled worker category.

That is not true. The rules have changed.  Please re-check the conditions mentioned here https://www.werk.be/diensten/vanaf-2019 … ergunning.

GajendraSPawar wrote:

That is not true. The rules have changed.  Please re-check the conditions mentioned here https://www.werk.be/diensten/vanaf-2019 … ergunning.

I guess following link can be referred as a legal source https://www.werk.be/en/work-permits/wor … definition

<Quote>
Exceptions
Persons employed in the following categories of work permit B are not eligible to apply for a work permit A:

Specialised technicians;
Trainees;
Young people working as au pairs;
Workers on secondment;
Researchers and guest professors at a university, a higher education institution or an officially recognised scientific institution;
Highly-skilled workers;
Workers who are sent to Belgium in order to follow a training course here;
sponsors.
</Quote>

My bad, that policy is before 1 Jan 2019. But your link does not work.

Indefinite work permit is not same as work permit A.   
The work permit of indefinite duration is  still of type B... only difference is that it is of indefinite duration and is not employer bounding.

here is the link https://www.werk.be/diensten/vanaf-2019 … vergunning

Hello GajendraSPawar25,

Thanks already for the detailed reply & useful link.

Yes, I do live in the flanders and work in Brussels for last 4 and half years now.

Basically do you think it would be needed to have the assistance of some immigration lawyer to file the application for this and you did it by yourself just following the necessary documents mentioned in the link you provided?

I also have few questions hope you can explain...
You mentioned that the documents to be sent by post ? Is it not possible to submit the documents and application at their office? If it's only via post , then is it the following address where we should submit the application.

Dienst Economische Migratie
Koning Albert II-laan 35 bus 20
1030 Brussel

If documents are submitted only via post , then how do one follows it up? Is there a confirmation sent back or how one can be sure if the documents are submitted and application is in process.

You also mentioned that the processing takes same time like workpermit (approx. 4-5 months) , so if in the meantime your Residence permit is expiring does commune extends that ? and similarly what in case of workpermit gets expired (in my case both RP & Work permit -B expires in March).

thanks,

Hi Mchatta,

I guess it will not be applicable for you , as Living in flanders is not a condition but working in flanders is a mandatory condition for indefinite work permit.

No immigration lawyer is needed. You just have to send the documents to the address you mentioned. The address does not have any collection desk so it has to sent via post. You can always call them  to enquire about the status.  In case the documents are not complete they will ask you via email and post to submit the remaining documents.

In my case, I initiated the process immediately after getting my 5th work permit so that In case if it doesn't get approved then I can still continue with my existing work permit.

thanks
G

Hi Gajendra,

Based on your experience, could you please provide your answers for below questions

1. In the werk.be website it is written that "worked in Belgium for four years during five years immediately prior to the application" - does this mean we have to stay for 5 years minimum and worked 4 year out of 5 ? or residing 4 years in belgium and working continuously for those 4 years is sufficient?

2. I read that this is only for WORK (indefinite period). So residence permit needs to be applied in commune. However, will the resident permit be provide for 5 years once this is obtained?

3. is this equivalent to PR?

Thanks.

Regards,
PK

answer to 1st question : Important is that you have 48 payslips(4yrs) . If you have done 4 years of continuous work in last 4 years os stay  then you are still eligible.

answer to question 2: yes the resident permit will be applied from commune once you have obtained an approval.No you will not get 5 year card.If you are under the single permit scenario then your existing card will be replaced with a new card stating that you have unlimited excess to the labor market(validity of the card will remain the same as old card)

Thanks Gajendra

I've worked in expat contract for an Indian company for 4+ years and working for a Belgian company (Registered in Flanders) now. I'm eligible to for Unlimited WorkPermit ?

I checked in this link http://werk-economie-emploi.brussels/en … -unlimited . I see that highly qualified staff and seconded employees are not eligible. Since I've worked for an Indian employer earlier, I don't know if I will fall in not eligible category.

Any leads would be of great help.

Thank you in advance !

If you were on deputation then those years are not considered for indefinite work permit.

However if you wait one year then you can apply for the permanent residency and then you are no longer employer bounded

Thank you Gajendra ! Indeed I'll apply for Permanent Residency within a year. My concern is that if I switch my employer now, I'll have to wait for 3-4 months for new SP. Since I work for Belgian employer, my notice period would be very less.

So what would happen in the idle period ? I'm not allowed to work & stay in Belgium since my old employer will cancel my work permit ? It will create any impact while applying for permanent residency ?

I dont think it will create an impact on permanent residency..but yet it will create problem if you plan to take citizenship