Resigning before the WP is issued

Hello expat familly,

I need an advice- based on your experiences- regarding a decision that I should make:

I've just signed a contract with a company based in Brussels. Before signing I clearly mentionned that I wouldn't resign till my WP B is issued and that I have 2 months notice period (which could be lowered to one month if my employer is ok but it could not be taken as ganted). We agreed to 1st of march as optimistic start date but it could change if the WP is taking time and my current employer is not comprehensive.

Today I received an e-mail from the Head of HR stating that I sould resign this week to be able to start by 1st of march and that my n+1 really needs me to start on that date. He also mentionned and tried to convince me that the risk of not receiving the WP is too low because I'm highly qualified and the position I have been offered is a management position etc..

My question: should I risk my current job and resign before the WP is issued ? Have you ever faced a Belgian WP refusal under highly qualified person ?
You advices are highly appreciated
Thanks
Noa
Ps: I'am a non EU citizen

hello,

do you have the right to cancel your resignation before the end of the notice period?

thanks

Depends on the HR policy of your employer.

so she/he have to check the HR rules in the company.

Noa22 wrote:

Hello expat familly,

My question: should I risk my current job and resign before the WP is issued ? Have you ever faced a Belgian WP refusal under highly qualified person ?
You advices are highly appreciated
Thanks
Noa
Ps: I'am a non EU citizen


I remember responding to this earlier, but dont see that in the thread. Here you go again.

B type WP applications filed by Belgian employers are normally approved. Rate of rejection is very very low. So the risk you are taking here, is minimal I would say.

If your new employer pushes you to agree on certain start date, may be they have a business need for that.

Hi Nabila,

Thanks for the feedback. I've checked our local work regulations - canceling the resignation is not a  possible once it has been accepted.

Regards
Noa

Thanks anneshks for the feedback.

Indeed, I searched for a similar topic in the forum but all I found is the generic rule of never resigning before securing the future job (including the WP).

As an update for my case, I replied to the HR stating that they are putting me in bad situation where I have to take a risk of potentially ending up unemployed if WP is refused, and I asked to postpone - if possible - the start date till 1st of April. As a feedback, I received a confirmation from the HR that my WP request has been posted to the belgian authorities and that it wil take 3 to 4 weeks to receive an answer. I've also been invited by my future boss to attend an important business meeting which will be held by the end of this month.

Fingers crossed while waiting for the WP!

Thanks
Noa

Your WP will be granted :) don't you worry.

Hello,

I was in a similar situation.
I had resigned before I got my WP as the process had been initiated.

My luck was so bad that even after serving 3 months of notice, I did not get my WP.  Heart in the mouth moment, but if the Belgian employer files a WP, like anees said, unless there is a major issue, a new WP will be granted.

Adding info to this thread for reference to new folks in the forum.

Thanks this is super helpful as i am in a similar situation.

How long was the period in between work permits?

Also did you have to get a new residence card?

Hello Rohit,

How much time did the new work permit take for you? I am in a similar situation. I am working for a Belgian employer in Belgium and serving my notice period. My new employer just initiated my work permit. I was surprised that the new work permit/single permit takes a lot of time to process. How long did it take for you?

I got my WP in 2018, so it wasn't a single permit that time.