L card request rejected

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).

@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. 

@pranav2424

Looks the commune does the magic. Indeed, ministry sends the rejection but not for everyone. There are individuals who get their L card approval though they never paid 5 years social security

@krish2190

What jp is talking about is..expat regime..that is not related to social security at all. Expat regime was just a low tax deduction..one has to pay social security etc even on expat regime

@krish2190

In which commune they applied ?I have seen so many people got approval for L card with the mix of deputation and local contract.

The 5 year count is from the first time u went to commune or the time u got your first A card? There is 1 month difference between the two.

Can someone clarify?

The 5 year count is from the first time u went to commune or the time u got your first A card? There is 1 month difference between the two.
Can someone clarify? - @Srizzy

Hey, the period starts from the first date of registration with your city hall. Ideally you can find that in your first annex 49 or log in to mijn burger profil on Flanders website and look for an attest called “ woonplaats met historiek”. In my case, I came to Belgium on August 2021 and registered with commune and got my annex 49 on October 12th 2021. I applied for my L kaart yesterday (12th October) and received annex 16 bis and appoint ment to pick up L card on 13th March 2027 confirming my submission from my city hall today (13th October)

@Kenzie marisa

Apparently not, I am in same situation and visited commune yesterday. As per commune there is clear distinction between A card of seconded employee(ICT) and A card of employee on Belgium contract, as per them "your time as dependent doesnt count because your status is derived from your spouse (because I came as dependent) who was seconded to Belgium on deputation, so even if you are in Belgium legally for 5 continues years, pay SS and Tax working on local contract and completed integration, you will not be eligible for L card. How ever if you spend time as dependent of A card holder on local contract that can be considered"

unfortunately those are the rules and there is nothing we can do. Having said that you can still give it a try, some communes do take the application and send it to DVZ and if their interpretation of rules are different to that of my commune, your spouse might still get PR. Good luck