Work permit and residency issue - change of employer

Hello everyone,

I am a non-EU national who has been working in Brussels for almost 3 years. Since my arrival in Brussels, I have been working for the same employer and I have 1 year renewable work permit type B which has been renewed several times. Although, I'm not completely sure but I think my work permit type B is of managerial position category due to my salary level and my work title which contains the term 'manager'.

I would like to receive some advice in case I decide to change employer. I understand that work permit type B allows you to work only for the employer stated on the permit. Therefore, I would be very grateful if you could please share your experience/advice on:

1. To change the employer, what type of work permit will I get? I have read on a few websites that work permit B can only be applied for when an employee is not already in Belgium. However, in my case, I would be in Belgium as I am working, does it mean I should apply for another type of work permit such as EU Blue Card instead? Or is there a process to change the name of the employer on the permit?

2. In case there is a process to change the name of employer, would you have any details on this? I've been trying to find this information on the forum and public authorities websites but I could not find this exact procedure.

2. In case of a new work permit with a new employer/EU Blue Card, would I lose the residency years I have already spent in Belgium which counts towards permanent residency after 5 years?

Thank you very much in advance for your valuable advice.

1. I believe your new employer will apply for a new WP B for you. I dont think you being in Belgium already, stops your employer from doing this. You may doublecheck with your employer.

2. No. WP B is acquired by the employer. You cannot change the name of the employer in a WP B. The new employer has to apply for a fresh one for you.

2. No. If there is no (significant) gap between the two jobs, this will not impact your permanent residence eligibility.

Based on my own experience, being in Belgium will not prevent your new employer applying a new work permit B.

[at]aneeshks By chance, do you know to what extent it is considered 'significant' gap. I have a gap of 1 week before beginning a new job. I don't know if it affects my application for long term residency.

Dear both,

Thank you very much for responding so quickly and for your helpful advice.

When I read on werk.be (https://www.werk.be/en/work-permits/wor … conditions), it said that "The employee concerned (for which an application is being submitted) must still be abroad." I also noticed that it said "These terms and conditions (excluding the employment capability) do not apply to applications relating to the employment of employees belonging to one of the special categories (such as the highly-skilled, executives, paid sportsmen etc. …)."

[at]hoangtrunghieu, could you please share how the change of employer worked for you? You did not have to return to your home country and come back right? What was the process and how long did it take? Are you in highly-skilled worker category or managerial category? Maybe that's why this condition (as it does not link to employment capability) would not apply? Apologies in advance for so many questions!

Thank you very much once again for your help.

To add to the above, the site I referred to is the Flemish site. This is the Brussels information site: http://werk-economie-emploi.brussels/en_US/work-permits

[at]hoangtrunghieu, in addition to the questions I've posted, did you make this change of employer in Brussels?

Thank you very much once again for your advice.

hoangtrunghieu :

[at]aneeshks By chance, do you know to what extent it is considered 'significant' gap. I have a gap of 1 week before beginning a new job. I don't know if it affects my application for long term residency.

1 week should ideally be no problem as long as you dont avail social benefits during this gap. You can explain it is a break between leaving your old job and starting a new one. And of course you will have your work permits to prove this point. One thing to note is, keep your 'compte individueles' from your old job when you leave the company, as this document will be needed if you apply citizenship later on.

aneeshks :
hoangtrunghieu :

[at]aneeshks By chance, do you know to what extent it is considered 'significant' gap. I have a gap of 1 week before beginning a new job. I don't know if it affects my application for long term residency.

1 week should ideally be no problem as long as you dont avail social benefits during this gap. You can explain it is a break between leaving your old job and starting a new one. And of course you will have your work permits to prove this point. One thing to note is, keep your 'compte individueles' from your old job when you leave the company, as this document will be needed if you apply citizenship later on.

Thanks a lot for your answer.

What you noted is actually my big concern. I lost the "compte individueles" of the first working year and my former employer couldn't re-issue it. Do you know if a copy of it could have been archived in some authority that I could get it there?

pancaket :

Dear both,

Thank you very much for responding so quickly and for your helpful advice.

When I read on werk.be (https://www.werk.be/en/work-permits/wor … conditions), it said that "The employee concerned (for which an application is being submitted) must still be abroad." I also noticed that it said "These terms and conditions (excluding the employment capability) do not apply to applications relating to the employment of employees belonging to one of the special categories (such as the highly-skilled, executives, paid sportsmen etc. …)."

[at]hoangtrunghieu, could you please share how the change of employer worked for you? You did not have to return to your home country and come back right? What was the process and how long did it take? Are you in highly-skilled worker category or managerial category? Maybe that's why this condition (as it does not link to employment capability) would not apply? Apologies in advance for so many questions!

Thank you very much once again for your help.

I am in highly-skilled worker category and didn't have to return home country.

Normally, during notice period, you can still work in your current employer while the new one is applying a new work permit for you.

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