Application for L card (prevously D card) long term stay

Hello! I have the following situation:

  • I am going to apply for a L card (which was previously known as D card) long-term stay (status langdurig ingezetene).
  • It is possible to apply for this status after having cumulatively spent 5 years in Belgium (time spent studying counts for half and work counts in full).
  • I should have 5 years in total this June 2023, however, my current A card is till September 2023 (as is my work contract based on which I received it).
  • The application processing by authorities can take up to 5 months.

Therefore, my question is: could there be any problem if my current A card expires before Brussels makes a decision? My card will be valid for 3 months after application submittion, while the procedure can take up to 5 as I wrote before.

If you have an answer, could you please also share the law which determines the rules in this case? I have already asked in many places (city hall, official legal office, etc.) and the problem is that everyone gives me different answers. I would greatly appreciate your help.

-> Based on what I read and hear, you can apply after completing 5 years (from the issue date of your first residence permit). Yes, half of your student residence duration counts. If your current RP expires while your application for L card is in progress, you will have to wait. You can get Anexxe 15 from the commune (its basically a paper saying you have applied for renewal). During this waiting period, you may not travel outside Belgium.

@Aneesh Hi, thanks for your input! That's what they also said in the law consultation of Agentschap Integratie en Inburgering of Flanders and what I fould online on their website. But they say completely different story in the city hall of Leuven...they say that my residence permit should cover the period of application processing, meaning that when I apply my residence card A should be valid for least 5 months onwards from that moment. But I couldn't find this information anywhere. On the contrary, I find the opposite, that it should not be a problem and I should get Annex (or bijlage) 15 and wait for a decision (for example info here https://www.agii.be/thema/vreemdelingen … lage-16bis). In Leuven they say they will check for how long my card at the moment when I apply. And if it does not cover 5 months, they say the Brussels will take a negative decision because my work contract expires and without having a new one it would mean that I will be unemployed, hence no right to stay in the country. But in fact I want to find different job when I get card L, and that should be much easier because I won't need a work permit anymore.Anyway, this situation worries me sick...I wish I could get a sure info somewhere. I tried to read the law https://www.ejustice.just.fgov.be/eli/w … el#LNK0007 that stipulates these rules, but I cannot find this info there.

@Aneesh By the way, I get into this situation because of the strange rules how they count the period of stay in Belgium. They say in the Leuven city hall that they calculate based on the dates when A cards were issued (this date is on the card). The trick is that I started to work 3 months before I got the work-related A card:

  • I got work a permit B in 10/2018 and my previous A card (studies) expired at that time.
  • I applied for another A card based on work permit B, in the meantime I was working and had an annex 15, while I was waiting for the card.
  • They issued the card only at 31.01.2019

Now they say that that period 10.2018 - 31.01.2019 does not count for a stay as a worker. But I've read here on the forum that work-based stay is calculated basing on the social security contributions, and these of course were paid during that period. So I think the time with annex 15 should count because it was not my fault that it took them so much time to make a new card.

I find this situation very weird. They tell me that this period does not count, but I was actually working, paying taxes and SSC...

Maybe you know what are the actual rules here? Given what they in Leuven about L card, I find their info not particularly credible.

@lady_lis Did you have A card before you started working with working permit B, but you were student? We read everywhere that student period is also counted for long term residence status, but half. Why they do not count time when you were student but only while working? If I understand what you say, because of that interruption between 10/18 - 01/19, they are not even consider that period before 10/18 and they should.

@residencecuriousity Hi! Sorry, I wasn't clear enough: I had an A card as a student before I started to work and they do count this period for half. However, here they apply the same strange rules: I came to Belgium, started my studies and applied for an A card (and received annex 15) in 09/2017, but received my card only in 11/2017. They say again that this period (2 months) does not count at all.

And I am not completely sure how they count the period when I started to work but haven't received A card yet (10/2018-02/2019). It seems to me they count it as a student stay. Or they don't count it at all: they are not explicit about this.

At Leuven city hall they say that Brussels does not take into account the time spent with annex 15. And while I can understand why it can be true for the 1st application, I fail to get how it is possible and logical given that I already stayed in country as a student before, moreover during that period 10/2018-02/2019 even my A card based on studies expired and I was effectively working.... it does not make any sense to count this period as studies. But it's even more illogical to not count this period at all because I was in the country and I was working.

Maybe someone knows what are the rules to count the stay? Like that they take 3-4 months from me, which are needed to avoid the expiration of my A card when I wait for L card decision.

Hi,


I tried to read, understand to see if I could give some info but I am sorry that reading your replies to the end makes me forget what your problem is.


I would simplify it as:



  • first time when I got the A card
  • period when I was a student
  • period when I was no longer a student (receive work permit B and residence permit approval based on that Work permit B)
  • when would I be able to submit application for D card (informed by commune)
  • my main concern in one sentence


and if your concern only is card expires during application => no issue => you are allowed to stay until you got D card => problem solved


(indeed, your application must be eligible at the time the ministry assess the application. Submitted and waiting for answer do not mean anything. Commune could be incorrect. Therefore, only after the deadline or if you have no negative decision before the deadline then it will be fine)

I have similar summary.

Got annex 49 at 19.02.2020

Started working at 20.02.2020

Got A card 25.05.2020

I got the A card late due to the corona period. But I  have Social Security Contribution (payslips) since 20.02


I am wondering which date is the first day for eligibility to get L card.

@maharaji1984

Patience please  5 years after your first A card

@eshwarraj09 thanks for your advice. I already know what to do.*********** when first day of this 5 years starts?

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Hello @maharaji1984

It will start when your commune register you in the history of address record.

you start counting from the date of issue of your first residence permit.

@Rudra1985

@Aneesh

thanks for accurate inquiries.

@lady_lis

I got the same answer in Ghent. They said that I should have at least 6 months left (in the A card) at the moment of the application.

I said that the process shouldn't take longer than 5 months. They said 5 months might work as well but 6 months is more guaranteed..

@Aneesh Good day sir, please I need your advice and direction I have Bijlage35 bijzonder verblijfsdocument -rector I got it because of mishandled case for alien dispute by a lawyer,/ Mishandled zaak voor alien dispute door advocate , it's valid till 2014 but can be extended I want to return back to Belgium my lawyer said it's always possible that I should go to the embassy that I should apply for return visa A friend from Belgium said I should apply for D visa please how do I start the process what document do I need to support the application sorry I ve applied for D visa before I received this reply from embassy DONNEES A CARACTERE PERSONEL _N4_PERSOONSGEGEVENS(LOI/WET but still the was visa refused with motivation to appeal reapply with  a complete file the visa refusal letter from embassy reads( Deed of notification) The party concerned has been informed that an appeal to overrule the decision can be lodged with the council for alien law litigation in accordance with article 39/2 of the act of 15 December 1980 the appeal petition must be submitted within thirty 30 of the notification of this decision A request for suspension can be lodged in accordance with article 39/82 of the act of 15 December 1980 please what should I do Thanks

you start counting from the date of issue of your first residence permit.
-@Aneesh

Is it written some where, i guess the legal stay starts at the moment you are registered in the commune. For me if i download extract from foreign register it says registered since 30/07/2018 but i got my residence permit sometime in OCT 2018. To me it looks fine to apply PR after 30/07/2023 and add foreign register extract as proof of 5 years of legal stay.

@Alaeddine Safi But it looks that info is incorrect. They mean this is the best situation because if your card expires -> they give you annex 15 -> if decision is negative for L card you need to leave the country. Annex 15 is valid as long as they are still making their decision.

However, nothing prevents you from applying even if your card will expire in the process. This should not affect the decision. It's at your own risk.

@hssn601 Yes, I saw everywhere that your stay starts from the moment that you are registered at the commune (in some place it's written from the moment that you get your national number), but still they say at the city hall that it is counted from the moment you get your card (or from the moment the card was activated). They say that's how they do it and they don't know for sure how  Brussels does it. But I wouldn't risk applying earlier if you can apply later because not having 5 years is the most likely reason they can make a negative decision. And I think it's hard to dispute that. Better to apply later when you have 5 years by all standards (if you can).

@hssn601 can you share that web site from where you have downloaded the document?

@maharaji1984 you can do it here https://www.ibz.rrn.fgov.be/nl/rijksreg … n-dossier/

For me, it is the date I got the confirmation that they registered me at the “waiting” foreign register or Annex 15 when I came in Belgium with Visa type D. So I had the National number at the time.


It does not count when I got the A card!


Asking the Long-term department of the Immigration ministry (not the commune) the date where I am eligible for D card and I was confirmed the same. And they could not be wrong because they are the ones who approve and not the commune!

@Peterjohn123 Hi, thanks for your answers! That's great news actually! So you asked the Long-term department of the Immigration ministry when you will be eligible for D card before you applied for it? They actually perform the calculation and tell you when you can apply? Could you please tell me where/how one can contact them regarding this question? Thanks!

@Peterjohn123 Hi, thanks for your answers! That's great news actually! So you asked the Long-term department of the Immigration ministry when you will be eligible for D card before you applied for it? They actually perform the calculation and tell you when you can apply? Could you please tell me where/how one can contact them regarding this question? Thanks!
-@lady_lis

Hi mate, yes, I was the same as you guys back to the past when I saw many sources citing different times.


Asking communes were even different eg 10/7 in Etterbeek, 5/7 in Brussels…


There was even my case that they said I could apply just now even I still have 6 months left to be 5 years in full…


i did not believe the commune because they just send the application on behalf and the actual decision is on hand of the ministry


So, I sent email directly to IBZ info desk, they forwarded to the Long term residence department who take all the charges. They confirm the exact date of which I could start the application. It was also based on the fact if I started from a student (50% count), then changed to employee (100% count)… so they were not simply looking at the start date you were in Belgium but the real situation to give the correct date and explanation if something is unclear.


Email [email protected]


i suggest if you are doubting about anything just send an email asking for it (attach your ID cards to it).

@Peterjohn123 Thank you so much! I sent them an email, let's see what they answer... I will also keep people updated here once I find out more

Thanks @Peterjohn 123, (most of) the communes have always told you start counting from the date of issue of  your first RP. The info you got from IBZ is of course the accurate one, as they are the ones who handle the file and approval, communes just facilitate your application to be sent to the ministry.

@Peterjohn123 Thank you so much! I sent them an email, let's see what they answer... I will also keep people updated here once I find out more
-@lady_lis

did you get a reply from them?

Hello Everyone,


I am legally living in Belgium over 5 years (March 2018) - but initial 20 months I was on work permit from Indian Employer (not on Belgian Contract). As per the official website of my commune, I perceived myself eligible for applying L card after residing in Belgium for 5 years without interruption.


But unfortunately my commune refused to receive my application saying the initial period when I was not with Belgian local contract does not count in 5 years of legal stay. But they could not provide any reference or official website that explains this rule. Can anyone please help me by sharing an official site where can I find the rules and check the updated eligibility criteria for applying permanent residence (L card) for non-eu  citizens?

@scag9087 Hi,

if you go to vlaanderen.be , you will see the rule for an indefinite term work permit.

https://www.vlaanderen.be/en/work-permi … inite-term


Apparently this is also used to check if you are eligible for an L card.


As you are aware your initial period with an Indian employer cannot be counted because you do not pay social security here and it comes into your ppf back home.


But so being said, it is upto the commune to accept or reject your documents. I know people for whom it was approved and for some it was rejected on the last day of the 5th month with the same reason.


I would recommend in case your commune also does not accept, then wait for 4 years on a local employment and then reapply.


Hope things work out good because I can imagine the frustration about this topic.

As per immigration department L-card can not be applied directly you need to have B card first. I have never heared of this requirement.




Dear,



To qualify for unlimited stay, you must have an A-card for 5 years without interruption and comply with the conditions set out in the renewal instructions.



The application for an unlimited stay must be submitted to the municipality where you are staying



Keep in mind that obtaining a B-card is a favor and not an obligation of our services.



For a L-card you need to be in possession of a B-card.

@scag9087 there was an update due to this but I cannot find it. I knew it as it comes from immigration alert from tax companies PwC or Deloitte…


but its true that its no longer allowed posted worker to ask for Long term residency because infact they paid no social contribution and tax so no contribution to the society at all!


this changed from 2021 and has been repeated a lot in this forum.


all requirements for L card did not change. The only change is that your period of foreign contract will not be counted.

As per immigration department L-card can not be applied directly you need to have B card first. I have never heared of this requirement.


Dear,


To qualify for unlimited stay, you must have an A-card for 5 years without interruption and comply with the conditions set out in the renewal instructions.


The application for an unlimited stay must be submitted to the municipality where you are staying


Keep in mind that obtaining a B-card is a favor and not an obligation of our services.


For a L-card you need to be in possession of a B-card.
-@hssn601

Who told you this? That is indeed totally incorrect.

L card or D card is under EU treaty while B card is of Belgium only.


Just heading to the commune and ask for L card when you have worked for 5 years!

I got this reply from infodesk@ ibz. be

I got this reply from infodesk@ ibz. be
-@hssn601

What is the signature of that email?


it should come from Long term residency/stay department.


I would reply back to them with a link to Agii. It seems the person replied to you are newbie.

Its possible that they did not answer clearly.


in should be in possession of B or A or K or …


see https://www.droitsquotidiens.be/fr/ques … n-belgique

I got this reply from infodesk@ ibz. be
-@hssn601
What is the signature of that email?

it should come from Long term residency/stay department.

I would reply back to them with a link to Agii. It seems the person replied to you are newbie.
-@Peterjohn123

AM


Assistant administratif • Administrative Assistant

+32(0)2 488 80 00


[email protected]


FOD Binnenlandse Zaken | SPF Intérieur

Algemene Directie Dienst Vreemdelingenzaken • Direction générale Office des Etrangers

Directie Logistieke Diensten• Direction Services Logistiques

Dienst INFODESK• Service INFODESK


Pachecolaan 44 • Boulevard Pacheco 44

1000 Brussel • Bruxelles

On the antwerp city site it mentions that you need to be registered in belgium for 5 years. They don't even mention that 5 years from a card.


https://www.antwerpen.be/product/elektr … genkaart-l


Conditions

You have been registered in Belgium for at least 5 years.

You have enough income. You can find out how much income is sufficient on the website of the agency for integration and integration.

You have a valid passport (unless you are a refugee).

You have valid health insurance.

You have a clean criminal record.

You can ask her directly.


Luana Dell'Aiera


Bureau Long Séjour - Suivi non UE


[email protected]


Tél. : 02/793.86.93



SPF Intérieur

Office des Etrangers

Direction Accès et Long Séjour




not sure if she still work :)

@Peterjohn123 Thank you for your response. Do you know whether it is same rule for B card as well? Or period of foreign contract is counted for calculating 5 years for B-card?

@Peterjohn123 Thank you for your response. Do you know whether it is same rule for B card as well? Or period of foreign contract is counted for calculating 5 years for B-card?
-@scag9087

B card is at the discretion power of the ministry.


it means that in principle, you must (and are) work(ing) for 5 years in Belgium continuously before asking for B card. But it is up to the ministry to grant it or not as they can have a ton of reason of not to do so. There is no deadline for this application so they can keep it months or years if they want and if they don't want to give you, its less likely that you can dispute.


But indeed, you can try to ask for one!

As per immigration department L-card can not be applied directly you need to have B card first. I have never heared of this requirement.


Dear,


To qualify for unlimited stay, you must have an A-card for 5 years without interruption and comply with the conditions set out in the renewal instructions.


The application for an unlimited stay must be submitted to the municipality where you are staying


Keep in mind that obtaining a B-card is a favor and not an obligation of our services.


For a L-card you need to be in possession of a B-card.
-@hssn601

I also received a reply from antwerp commune, they confirmed me that i can apply for L card after 5 years counting from the date of registration in commune not the date when A card was issued. The reply from immigration department is misleading.