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Employee wants to fire me because of the long wait for new work permit

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Cindy Botha

Hi there

I have been in Belgium for 2 years and recently accepted a new job with a new employer. I was very excited because this is a company that I really wanted to work for. They are a consulting company and I would work for them full-time. Of course, my original work permit was cancelled and they applied for a new work permit. After 2 weeks we got noticed that my work permit has been approved but I need to wait for the bijlage 46 before I can start working. The Bijlage 46 takes apparently 2 - 4 months. My new employer told me they will not wait that long because the clients need me now. What happens if they cancel my application. Will I need to leave the country or do I get 3 months to apply for another job?

Please help this is causing extreme stress as I do not want to leave the country.

Kaytom

Hello Cindy,
Don’t be stressed about it.
I will advice you keep looking for other jobs and there are better employers out there that will be appreciate you more and even offer better package.

I know it’s not easy, but apparently you should not put pressure to expedite visa or work permit processing.
If the HR of the Consultancy can expedite the process, by all means.

So, just keep job hunting, relax and enjoy life.

Sorry, that’s my little advice as I am not too experienced in Belgian visa/work permit processes.

ZazaBE

I completely understand your stress. The problem here is whichever new employer you find, you might end up with the same issue with the paperwork. In other words, every new employer will have to wait for you to get that bijlage before you can start working (if I understood your situation correctly). Because of this, I would ask for legal advice, if you have some money to give for this, to see if speeding up the procedure is possible at all. ALTEA lawyers should be suitable for this. If you are out of the EU but have the right to travel through the EU freely and stay for 3 months, then I think you can stay even with no work permit or residence permit (e.g. like people from some countries like Serbia). Otherwise, as far as I know, BE does not allow people to stay if there is no apparent legal reason for this (e.g. after studies, there is no so-called "orientation year" to look for work like in Holland etc.). Anyhow, paying 100-200 eur per h for a consultation with a lawyer might be a good thing to do.  You can also try to negotiate some agreement with the consulting company that would fit both. Good luck!

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