Leaving EU > 12 months - L Card - Retaining Status

avinashclt New member

Member since 06 March 2018

avinashcltNew member09 August 2024 12:08:46

I couldn't find related discussions and hence starting a new thread/topic.

Hello All,

I am trying to understand what are valid grounds to retain long term resident status when leaving EU for more than 12 months (in scope of an international job assignment).

My local employer in Belgium would like to send me on an international assignment to Japan lasting 18months. This assignment is beneficial to my employer as well as enriching for my career. However I don't want to loose the L-card and go back to A-card renewals as a result of this assignment.

I believe it is not a common situation and information is limited. The available https://www.vreemdelingenrecht.be/verbl … -d-l-kaart

Critical information from above source below (translated), with relevant info highlighted in bold

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Absence from the European Union:

You lose your right of residence if you have left the European Union for 12 consecutive months. Or for 24 consecutive months if you are a former holder of a European Blue Card.

You do not lose your right of residence if you have left the EU for 12 consecutive months, by informing the municipality of your absence in advance. You must also meet the following conditions:

You must be in possession of a valid EU residence permit for long-term residents. To do so, apply to the municipality for renewal of your residence permit in advance (if necessary);
You have a valid reason for your absence. The valid reasons are:
You are fulfilling your military service in your country of origin. You must return within 60 days of fulfilling that military service.
You enjoy health care in your country of origin. You must return within 60 days of the end of the health care.
You are following studies in your country of origin. You must return within 60 days of the end of the studies.
You are leaving the European Union for other reasons, but retain your main interests in Belgium. You must register within 15 days of your return at the municipality of your place of residence.

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I am trying to understand what constitutes 'other reasons, but retaining main interests in Belgium' mean. Would be quite useful to hear from people who know of / experienced similar situation.

For reference, following is my personal situation:

I am a non-EU resident in Belgium with a recently acquired L-card (long term EU resident). I have been on a (local) employment contract of unlimited duration since 2018, paying social security / taxes as normal local employee. Previously I had A-card/single permit which were renewed periodically.

During my (potential) international assignment:

My Belgian employment contract (of unlimited duration) remains active and an addendum is signed extra for the terms & conditions of the assignment. My local employer will continue to pay taxes and social security on my behalf in Belgium. Additionally, my spouse (non-EU, also with L-card) will continue to stay and work in Belgium during my international assignment:

Would the above constitute reasons to 'retaining main interests in Belgium' and avoid losing the long term resident status?

Looking for opinions & guidance here

Regards,

Avinash

See also

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ItaloBelg Member

Member since 25 June 2024

ItaloBelgMember09 August 2024 14:53:06

I would say if you are interested in applying for citizenship, then you might recalculate the continuous-5 years-residency from your day of return.

You might be able to keep the L card if you are able to proof your reason and Aliens office accepts it.

I would suggest that your wife get Belgian nationality so in case of loss of L card, you can apply for F card on your wife (5 Years residence card) given she continues to work.

If I were you, and I am interested to be Belgian citizen, I wouldn't do this step until being Belgian.

avinashclt New member

Member since 06 March 2018

avinashcltNew member12 August 2024 16:10:26

@ItaloBelg

Thanks for your response.

I would suggest that your wife get Belgian nationality so in case of loss of L card, you can apply for F card on your wife (5 Years residence card) given she continues to work.

If I were you, and I am interested to be Belgian citizen, I wouldn't do this step until being Belgian.

The citizenship route would have been the 'obvious' choice. However, for private reasons, neither of us wish to apply for a Belgian nationality at the moment. So the impact to Long term resident status is therefore more important.

Hence would like to hear from somone who had experience / know of international assignment while on D/L card, thanks again for adding to the discussion

Regards,

Avinash

ARMaliq Contributor

Member since 09 November 2021

ARMaliqContributor13 August 2024 13:46:39

124

Hey, I think there is an answer to your prolonged question above. You lose the right to PR if you leave Belgium for 12 consecutive months.

There is an easy work around it. You can keep the PR if you return around the 10th or 11 months for a few days and head back and then, the 12th consecutive month counter resets. So a small amount to pay (return flight ticket) for career progression.

avinashclt New member

Member since 06 March 2018

avinashcltNew member14 August 2024 12:23:17

@ARMaliq

There is an easy work around it. You can keep the PR if you return around the 10th or 11 months for a few days and head back and then, the 12th consecutive month counter resets. So a small amount to pay (return flight ticket) for career progression.

Thanks for your input. I will be in Belgium for multiple calendar days during a 12month period (visiting spouse / holidays).

However, I will likely be de-registered from my Belgian address for more than 12 months (as I have to register at the address abroad and inform local Belgian authority also about it).

I had understood the 12month outside of EU to be understood primarily based on being registered within Belgium / EU, and not just based on entry/exit. Am I incorrect in this understanding?

Regards,

Avinash

masstonsils0e Active member

Member since 18 October 2022

masstonsils0eActive member19 August 2024 12:02:54

@avinashclt Will you continue to be on a Belgium payroll (i.e., you will be an expat in Japan, but still be paying social security in Belgium)? Or will you be on a local, Japanese payroll? Frankly, unless it is the former (i.e., Belgium payroll) you may want to reconsider the relocation. You won't have the same protections on a Japanese payroll as you would have on a Belgium in case your company decides to restructure (and there is a lot of that going on right now).

avinashclt New member

Member since 06 March 2018

avinashcltNew member20 August 2024 07:33:20

@avinashclt Will you continue to be on a Belgium payroll (i.e., you will be an expat in Japan, but still be paying social security in Belgium)? Or will you be on a local, Japanese payroll?

-@masstonsils0e

I will continue to be on a Belgian payroll, social security / taxes will be paid on my behalf by the employer in Belgium as applicable. The Belgian indefinite employment contract remains active through the assignment. So indeed it is being an expat in Japan from a Belgium employer, but as a non-eu citizen.

So trying to understand the impact of long term residence status in Belgium in this unique case 😊