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Permanent Residence Permit (Belgium)

Last activity 26 March 2020 by Aneesh

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Sooileh

Hi everyone,

I am an Algerian worker who has come to Belgium in 2015 to work on a permanent contract under a work permit B as a consultant (Contract start date: 06/29/2015, date of first residence permit A: 08/17/2015). In August 2020 i will have 5 years of legal residence in Belgium without interruption

I obtained my 5 work permits (the 5th is a single permit) and my employer has just applied for my 6th single permit (response expected end of April for a period starting in June).

I asked a lawyer and he told me that i can directly apply for an unlimited residence permit once the 6th occupation authorization is obtained before having the 6 single Work Permit. He told me that he can send a letter to the ministry showing that i have the 6th authorization of occupation and by joining a letter from my employer stating that i am in stable working situation.

Is this feasible? Or do I have to wait for the 6th residence permit A to be made and request an unlimited residence permit in August?

What should be the best and safe option?

Thank you in advance.
Best regards.

phipiemar

Hello,

This has already been answered many times in a long time ...

As soon as you can prove five years of uninterrupted presence in Belgium, you are entitled to make the request.

Sooileh

Thank you for your reply,

My question was about having directly the unlimited residence permit instead of the 6th limited residency permit.

In the pas it was granted automatically and now we should request it manually.

Once i have the 6th authorization of occupation is it possible to contact the government and ask them to make unlimited residence permit since they have evidence that i will stay and work in Belgium?

This has been explained to me by a lawyer and i would like to check here if someone did the same.

Thank you.

hoangtrunghieu

You can apply for the permanent residency as soon as the 5 year uninterrupted stay is met. Note that it is counted from the issuance date of your 1st A card.

If you receive 6th card before August 2020, it is surely an A card.

You can file your request at the Vreemdelingenzaken in your municipality. No need to hand over any documents, your profile is available in the system already.

Aneesh

Hoang,

Vreemdelingenzaken -> Is it normally a desk in the townhall or a different office altogether ?

AlexFromBelgium

Normally, it should be the foreign department of the commune (as you've to fill the annexe 16 and they'll forward it to the immigration)

don't forget to bring copies of payslips/contract/heath certificate (mutuelle/ziekenfond) with you

Aneesh

"Normally", yes. I myself applied through the etrangers desk in my local commune, a few years back. I hear now things changed, and that is the reason behind my question :)

Sooileh

What about the duration to obtain a response?

I heart that for "B" card there is no limited duration and it may wait until the expiry of the 6th A card.

For the "D" card the maximum duration to get a response is 5 months, but D card dossier is more complicated than the "B" card dossier.

What is more safe as request? "B" card or "D" card?

Thank you in advance.

hoangtrunghieu

Aneesh wrote:

Hoang,

Vreemdelingenzaken -> Is it normally a desk in the townhall or a different office altogether ?


I really don't know the administrative organisation of the townhall and Vreemdelingenzaken.

In Antwerp, a few years ago Vreemdelingenzaken was located in a separate building detached from the townhall. Currently it'd been moved to the same place with Deurne Districthuis.

Abhi2010

Hi Sooileh,

Are you employed locally in Belgium (meaning directly employed by a Belgian company or Belgian office of a foreign company) or on deputation here?

Reason for asking that is it seems from 2020 onwards, third country nationals on deputation in Belgium are not eligible anymore for permanent residency in Belgium.

If this is the case with you, I would advise you to share the below link with your lawyer and request clarification from him:

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx

Sooileh

Abhi2010 wrote:

Hi Sooileh,

Are you employed locally in Belgium (meaning directly employed by a Belgian company or Belgian office of a foreign company) or on deputation here?

Reason for asking that is it seems from 2020 onwards, third country nationals on deputation in Belgium are not eligible anymore for permanent residency in Belgium.

If this is the case with you, I would advise you to share the below link with your lawyer and request clarification from him:

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx


Hi Abhi2010,

I was in France when i signed my Contract with a Belgian division of a big Company. My contract is Belgian contract (not a expat contract) for a permanent position.

My employer asked for Special Tax Regime when i started and i am still following this regime? but i have my residency here in Belgium and i am paying contribution and social security here in Belgium.

Should i ask my employer to stop my special tax regime before asking for Permanent Residence Permit?

Thank you

Abhi2010

Hi Sooileh, I don't think that this is necessary based on whatever information I have with me.

Aneesh

That is not necessary unless something changed in 2020.

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