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L card request rejected

Hi ,

I have been staying in Belgium for 5years now.

and I moved to local contract 2 years back paying social security an tax. And I have not taken any break between both jobs

when I applied for L card , it was rejected saying that I was detached worker for first 3 years period ( I did not work for local firm and social security was not handled during that time only tax was paid from my side)

Should I contact immigration lawyer?

See also

The rules governing "detached workers" (posted workers) state that this period is considered temporary. Because you were on a detached contract, the immigration office (IBZ) may not count those 3 years toward the 5 years of continuous, legal residence required for the permanent "L card" (long-term resident EU).

1 member reacted to this post

@SimCityAT

Thank you !!


Well, I have completed Dutch 2.2 level,  also integration course in Belgium. does it help me to obtain L card ? the rejection letter says that I have to wait until 2029. Can immigration lawyer do something to include detached contract period ?

@Kenzie marisa

It it was overseas contract.   ..no one can help you out...its clearly mentioned...secondment or expat contract etc is NOT COUNTED

@Kenzie marisa

When did you apply , at which commune and when did you get the answer please ? I’m also waiting for a reply.


But as far as I know, if your contract was detached , not local, then the years are not counted for the 5 years required for the L card

@@Tomkar

In L card... commune does NOT MATTER. Rejection comes from ministry...

@pranav2424

Commune matters as some commune take time to send out the file to the ministry !


Just a simple example : I applied at Uccle commune, and I got the annex 16 BIS the same day I applied. And I didn’t need an appointment to apply.


But at Antwerp you can take 1 month to get an appointment and after applying they send you the annexe 16 BIS 1 month after application or even later.


and the 5 months waiting period start after receiving the annexe 16 BIS.


if commune takes time to send the file to the ministry, then your file will take longer. So it influences the timeline !

@Kenzie marisa

The decision letter you received for the rejection is fundamentally correct. The period of detachment (first 3 years) is not considered in the count of legal residence.


Even if you contact a lawyer, it will not help in your case. Best you can do is to apply in 2029.

Hi thank you all for the response.

My husband who came here on depended visa , is working for a while in local contract.

once he completes 5 years staying in Belgium ,can he get  L card or B card first even when I continue with work permit until 2029 ?

@Kenzie marisa

He can achieve it with 5 years of uninterrupted stay,  Language & Civic Integration Requirements

Hello everyone!


I’m eligible for L card in October. I’ve always worked full time with a Belgian local contract, however, for first couple years I was under expat tax regime(niet-inowner, which was more favorable in terms of tax deductions) but I’ve checked my individual rekening, according to which I’ve always made social security contributions from the beginning. Wanted to know if this affects L card eligibility in any manner and if any of you been through the same situation.

@jp_2018

Best check with your commune..

@jp_2018

You were paying income taxes + social security contribution. Or you were only paying social security ?


You need to pay both to be able to be eligible to the L card.


You can also check this with your commune. 

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