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Unlimited single permit

Last activity 18 October 2021 by Peterjohn123

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Sim_90

Hi,
In December, I will mark my 5th year in Belgium and I understood that I can apply for a residence permit. However, at the commune, they mentioned that this is only possible after my card type A expires in Oct 2022 and also at the discretion of the foreign ministry.

I read online that I can apply for an unlimited single permit. Anyone know what an unlimited single permit offers? And how is it different from other card types (B, C etc).


I hope you can help me.

Thanks,
Sim

AlexFromBelgium

Hello

no, once you respect the law (meaning 5 years of stay), you can request a change of status into a permanent resident at the commune.
You'll need to fill in the annexe 16 form.

You'll have to proof that you've the right and create a small file with required documents.
You'll need a copy of your resident permit (+ passport), proof that you've insurance and that you're in order of payment (you must ask your for that mutualité/mutualiteit)
+ ...

The commune will send your file to immigration and they've 5 months to deny your request, after that you'll get your permanent resident card.

Sim_90

Thanks Alex. I forgot to mention that I am from third country. Is that still applicable?

If yes, how do I convince the commune that this is possible? Thanks

reddit-some

Sim_90 wrote:

Thanks Alex. I forgot to mention that I am from third country. Is that still applicable?

If yes, how do I convince the commune that this is possible? Thanks


Have you spent 5 years on local Belgian contract ? Or have you spent expat contract + local contract ?

I heard that due to new ruling, you have to pay Social security for 5 years.
But the people who has legally residing since 5 years but have worked on both expat (no social security paid) and local Belgian contract (with social security) , it's very confusing.

Do you have any information on this ?
I see some cases getting rejected but few picked up by ministry.


Thanks

Peterjohn123

So that person signed a contract for both parties and work but I don't get it how does he work? 50% for local and 50% for expat? Does he work as a freelancer?

vickykaushal

Hi Alex, I have similar condition, my spouse have received the D Card from commune. But I am not sure if I will be eligible for permanent RP card B or D card as spouse. My details are following:
-Completed 5 years of continuous stay
-Working in Indian company from 5 years on seconded model (Expat)
My initial PR request was reject because I was on expat model from last five years. But now since my spouse has got the D card. Will this change any thing for me? will I be eligible for B or D card?
Do I need to do anything to get B or D card? like become her dependent? or wait for another 5 years for PR :(

Sim_90

Hi, I worked on local Belgian contracts. I could understand from the department of work and social economy that I can apply for an unlimited single work permit. However, they were not able to give me details on the card type.

AlexFromBelgium

Basically, you should get the unlimited work permit after 4 years.
If it's your 5 years of stay in Belgium, you should read at the rear of your resident permit: 'marché du travail: illimité' ==> labor market : unlimited

For permanent resident, you just need to be in Belgium since 5 years and currently working (to proof you can handle yourself financially speaking)

@vickykaushal as long as you don't pay social security tax, nothing will change.

reddit-some

AlexFromBelgium wrote:

Basically, you should get the unlimited work permit after 4 years.
If it's your 5 years of stay in Belgium, you should read at the rear of your resident permit: 'marché du travail: illimité' ==> labor market : unlimited

For permanent resident, you just need to be in Belgium since 5 years and currently working (to proof you can handle yourself financially speaking)

@vickykaushal as long as you don't pay social security tax, nothing will change.


Dear Alex, thanks for the replying on so many threads and helping everyone. Do you know minimum number of months for social security to pay ? Is there any such rule ?

I'm asking because myself and so many other residents have spent 3 years on expat (no social security paid) and 2 years on Belgian contract with social security paid. There are many similar cases more or less.

New ruling came in october 2020 to pay social security but it doesnot mention (atleast i could not find) how much social security you need to pay. i hope its not 5 years because then its a disappointment for many of us who are legally residents since 5 years

Appreciate your view on this.

AlexFromBelgium

Honestly, I've no clue. I can't find the laws related to it...
I've seen many people talking about an Ocboter 2020 law, but I don't see anything... that's weird.


The condition to become permanent resident is pretty vague about working.
As far as I can read you've to justify that you've regular, stable and sufficient means of subsistence  to take care of yourself and your family (if any) ==> meaning you're working and I guess it imply that you've to justify tax paying in Belgium (so basically at least one year)
I think the best way to know if to ask an immigration lawyer. Commune might not answer honestly if you're living in a big city... :unsure
But if it's a small commune you can try :cheers:

Peterjohn123

Looks like 5 years of paying tax or paying social contribution or simply saying that the x years are counted for the x years, of which social contribution tax is paid to Belgium. Unfortunately living alone here no more counted as contribution. Paying tax to society does.

reddit-some

Peterjohn123 wrote:

Looks like 5 years of paying tax or paying social contribution or simply saying that the x years are counted for the x years, of which social contribution tax is paid to Belgium. Unfortunately living alone here no more counted as contribution. Paying tax to society does.


Thanks for response. If I understood correctly :
1. Being only resident for 5 years and working is not sufficient
2. You must pay social security for 5 years to be eligible for indifinite residence.

Can you confirm on 2) and if you have any supported link ?

vickykaushal

Hi Alex, I bit surprise on the dependent also have to pay social security to be eligible for PR card? Because In the past may house wife also gets the PR card after 5 years once their husband get the PR card. Now you are saying that every dependent has to be paying social security to get the PR?

vickykaushal

AlexFromBelgium wrote:

Basically, you should get the unlimited work permit after 4 years.
If it's your 5 years of stay in Belgium, you should read at the rear of your resident permit: 'marché du travail: illimité' ==> labor market : unlimited

For permanent resident, you just need to be in Belgium since 5 years and currently working (to proof you can handle yourself financially speaking)

@vickykaushal as long as you don't pay social security tax, nothing will change.


Hi Alex, I bit surprise on the dependent also have to pay social security to be eligible for PR card? Because In the past many house wife also gets the PR card after 5 years once their husband get the PR card. Now you are saying that every adult dependent has to be paying social security to get the PR?

Peterjohn123

vickykaushal wrote:
AlexFromBelgium wrote:

Basically, you should get the unlimited work permit after 4 years.
If it's your 5 years of stay in Belgium, you should read at the rear of your resident permit: 'marché du travail: illimité' ==> labor market : unlimited

For permanent resident, you just need to be in Belgium since 5 years and currently working (to proof you can handle yourself financially speaking)

@vickykaushal as long as you don't pay social security tax, nothing will change.


Hi Alex, I bit surprise on the dependent also have to pay social security to be eligible for PR card? Because In the past many house wife also gets the PR card after 5 years once their husband get the PR card. Now you are saying that every adult dependent has to be paying social security to get the PR?


If you are dependent, I supposed that you changed to Dependent status. It means that you do not have to pay social security to be counted.
BUT, you must stay for 5 years before getting the permanent residence. This 5 years counted from the date you change your status to dependent.

Peterjohn123

reddit-some wrote:
Peterjohn123 wrote:

Looks like 5 years of paying tax or paying social contribution or simply saying that the x years are counted for the x years, of which social contribution tax is paid to Belgium. Unfortunately living alone here no more counted as contribution. Paying tax to society does.


Thanks for response. If I understood correctly :
1. Being only resident for 5 years and working is not sufficient
2. You must pay social security for 5 years to be eligible for indifinite residence.

Can you confirm on 2) and if you have any supported link ?


(2) I am very lazy to find the link on Google. Did you even try searching in this forum? This has been discussed in this forum since last year. Indeed, people who come and work here but pay nothing to Belgium are not considered for unlimited right of residence as it was too easy. The year they pay (support to the social security) counts. This is new law since 2020.

https://www.ey.com/en_be/tax/tax-alerts … plications

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