Permanent Residence Card - Type-D

Hello,

I had applied for Permanent Residence Card -  Type-B in September 2018 in 1000 Commune Brussels. But there was no answer until March 2019 so when i visited the commune again to check status they asked me to apply for Permanent Residence Card -  Type-D saying it is more benefit with this card, I applied for it and they gave me Annexe 16 and told me within 5 months time i must get the answer. Now i am nearing to the completion of 5 months (August 2019) and there is still no answer.

Does any body have any experience in getting Permanent Residence Card -  Type-D? Could you pleae share your experience. What will happen if 5 months is completed and no answer?


Thanks in advance for your help.

If you've received the Annexe 16, then everything is fine and you just need to wait.
Administration is slow everywhere in the world...


That paper is really important as it prevent the police/immigration to expel you from Belgium, even if your current ID card expire, so just wait (and of course: don't travel outside Belgium if your ID card is going to expire!).

Get back in your townhall in the middle of Augustus if you still don't have any news.

Thank you for the information i will wait and go to commune next month to check the status.

By the way how long did it take for you? Did you got in 5 months?

My case is different, as my girlfriend will receive an F card (family member of a Belgian/EU citizen, renewable every 5 years) through a legal cohabitation together, which takes around 6-7 months in average to fetch it physically at the commune. (administration loves to make people wait for absolutely no reason...) + she will not need a work permit as a family member of a BE/EU citizen.
After 5 years, she'll be able to request the F+ card (permanent) or to become Belgian. (as long as we're in a relationship/getting married/or mother of a Belgian child!!!)
So you can't really compare with me.



The administration was right in your case, you would prefer the D card, instead of the B.
You'll not be registered in the register of foreigners anymore, but in the population register (like any other Belgians and EU foreigners living in Belgium) ==> you'll be a permanent resident (but don't forget to renew your ID card every 5 years if you wanna travel inside Schengen area without a visa + passport to proof your identity like usually) + no more work permit needed!
And that's also the first step required to ask the double nationality if you ever want and fell a bit/really Belgian now.
So double passport (Indian + Belgian, don't freaking tell Indian Embassy or they'll ask you to renounce to your Indian Nationality!!! Keep quiet and get both! In India you're Indian, in Belgium you'll be Belgian. Elsewhere in the world, you pick the most convenient passport (visa-free).
Double nationality is recognized by Belgium, but not India!), if you can speak/write with an A2 level or above (way too easy to get that low level...) in one of our 3 national languages (fr/nl/de) + few other easy stuff to proof (5 years of working in BE/taxes/...).



Just to make sure, you did fill the annexe 16 and they gave you back the annexe 16bis, right?
(the 16bis is the right paper to avoid any expel during the process if your id card expire soon).
If it's not the 16bis, go back to your commune immediately and do a new annexe 16 again and make sure you receive the 16bis!!!
Once you got the "permanent" status, you can't be expel anymore from Belgium, unless you do serious crime (murder/...)

Hello All,

After waiting for 5 month with no reply i went yesterday to commune to check, They checked and as there was no reply from Ministry. They were obliged to give me Card D. So i got my Card D  :D

My Commune: 1000 Brussels(Centre administratif)

Thank You

What are the extra benefits for Card D over card B ?

Congratz Shaans :)


[at]Rohit45

Mostly administrative stuff.


B card is linked to annex 6:
A & B card are certificate that you're registered in the register of foreigners (C.I.R.E.). B card is given to people who have regularized their status and are now permanent resident after 5 years of stay. (refugee, kids without parents, human traffic, ...)


D card is linked to annex 7bis: D card is a long-term resident permit and you're registered in the population register. Given after 5 years of stay in Belgium.
You're consider as a national for the administration (no need to go to the foreigner department in the town hall anymore)
That card also allow you to live elsewhere in Europe with way less conditions. No need to do the same full process from the start again.

Thanks a lot alex :)

Does anybody know if it is possible to switch from B card to D card?

I answer my question. Yes, it is possible.

Here is another question. If you decide to work and reside in another EU country with D card, do you have to keep your residence in Belgium? or Can you?

You can stay in Belgium but you're not forced.
You just have to realize that you'll lose your permanent right to stay in Belgium if you stay outside Belgium for more than 2 years and you'll have to start again from the beginning if you wanna come back!

It's not really a problem if you decide to work elsewhere in Europe, but then you'll have to check the laws about residentship on that state to become a permanent citizen again.

It seems you will be deregistered from Belgium if you move to another EU country.
In this case, I am not sure how to renew D card.

Hello all.

If the working member of the family gets a Permanent Residence Card - Type D, do the dependent and non-working family members also get the same type-D card ?

All the members of the family have the same non-EU country citizenship.

I am asking since somebody mentioned a Type-C card for the dependent family members.

Regards,
Allwyn

They'll get C card when they arrive.

D card after 5 years of stay in Belgium + permanent resident.

Thank you for your reply, Alex.

My family has been with me since my arrival in 2014 and I have just got my type D-card.

So, which card does my dependent family get now that I have my type D-card ?

Regards.

Hi Alex, I see that C card is also for 5 years. Is it the same one which you have mentioned?

I arrived in Belgium in May 2014 and my card D is progress (hope it gets approved soon). My wife had come in family reunification in Nov 2017.
Our son is born in Belgium in August 2019.

If I have understood correctly, after my D cars is approved, my wife and our son will be eligible for C card (with 5 years validity)?

Many thanks

[at]both of you

Your family is considered as separated case from yourself.
As long as you're not Belgian or EU, the resident permit of the members of your family will not change because of you/depend on you. They're "lonely", but their right of stay depend on you (your work).


C card allows them to stay as temporary resident in Belgium.
Still, it can be easily canceled by the immigration (in case you don't work anymore, and so you wouldn't be able to pay for your family anymore, if your wife(s) doesn't work and can't handle the hole family, ...)

D card grants you access to permanent residentship, so it means you're allowed to stay in Belgium and are considered as a national (unless you leave Belgium, for 2 years, to live elsewhere / serious crime / ...). That status is for yourself only, not your family, until they live in Belgium for 5 years.

Hello Alex.

Me and my family have been together in Belgium since our arrival in 2014.
I received my Permanent Residence Card Type-D this month.

My query was whether my dependent and non-working spouse and children who currently have the type-A card will also get the type - D card.

Regards.

yes they will after 5 years of stay and few requirements/administration

Hi, I've been on deputation in Belgium for 5 years. Does anyone know whether am I eligible to get residence permit type D? Has anyone on deputation in Belgium (from non-EU country) received residence permit type D or B recently? If so, please share. Thanks.

If you had 5 work permits and completed 5 years from your date of issue of first residence permit, you can apply by all means.

Thanks Aneesh but the reason behind asking this question is the below link from IBZ  website which specifies the criteria to obtain long-term resident status in Belgium. It has been updated this year and states that "no account is taken of the period during which you stayed in Belgium exclusively for temporary reasons (eg as an intern, au pair, seasonal worker, posted worker, volunteer or even holder of a work permit whose duration is formally limited);"

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx

Interesting. You may talk to your commune and get an official answer.

Dear, normally to my knowledge, you can be a posted worker (under reduced tax) for the period up to max 5 years. After 5 years, you will normally be given the contract based in Belgium by your employer. At that point, your status will change from expat tax regime and your employer will begin to pay (more) taxes.

Good thing is,  your residence and social-economical contributions/integrations are accounted for which also means you will become eligible to apply. 

Since you are going to make your application after having completed 5 years, this is well synced in, given you will work with Belgium work contract.

Dear all,

i have a question, does this application condition: 5 year of stay includes also the time as a student?
my case is: I came to belgium on September 2015 as a student, and graduated on Sep 2016.
I left Belgium on Nov 2016 and came back on Feb 2017 to work.
Until now I am still working for the same employer, with a status of work permit B combined with temporary residence permit card type A.

How do they calculate the 5 years?
And once getting the permanent residence permit, would that be possible to reside in another country, while coming back to Belgium for a short-term stay at least every 2 years?

Thank you very much for your help.

Your student tenure wont be counted, as there is a break between your student tenure and job.

You will be eligible to apply in 2022 as per my understanding.

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx

Above link has the info how it is counted.

Once you get PR, if you stay out of Belgium for a certain period (6 months I guess), you lose the status.

Thanks Amarimuthu for your response but even after 5 years, my company doesn't change the work contract of deputed employees and keeps their status as "deputes". However, as per Belgian law, they start contributing towards Belgian social security system and also deduct the required social security amount from employee's salary.

Do you think I would still be eligible for permanent residency / residence permit type 'D'?

I feel that there is some wrong information given here.
When I check the laws, it says that to lose the long term resident status, you should be away 12 consecutive months from EU or 6 years from Belgium.

Say, you have long term residence (D card) in Belgium and move to Netherlands to work.
You are fired after 4 years. Then, you can come back in Belgium as you were not away 12 months from EU and 6 years from Belgium.

I don't know where this "2 years statement to lose long residence" comes from which was shared before. It is not written anywhere.

Please share if you agree/disagree.

Dear Abhi, once the contribution to social security happens, then basically in theory you don't avail the benefits of expat regime/temporary workers etc. The contracts can be shirt term or long terms however. No worries to my knowledge, in your case.

"Right of return after an absence You have the right to return to Belgium if you have not left the territory of the Member States of the European Union for more than 12 consecutive months, or if you have not left Belgium for 6 years and more."

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx

If you've a permanent resident and you do leave belgium for more than 2 years, you have to start again from the beginning.

there you are:
https://dofi.ibz.be/sites/dvzoe/FR/Guid … etour.aspx

Hi Alex
It seems this information is for the EU-citizens but not D card holders (Non-EU long term residents)

Citizens of the European Union
         The right to enter
         The right to stay
         Absence and return

https://ibb.co/Q6bsC7N

Here is the related information about right of return for long term residents;

https://dofi.ibz.be/sites/dvzoe/FR/Guid … gique.aspx

Right of return after an absence You have the right to return to Belgium if you have not left the territory of the Member States of the European Union for more than 12 consecutive months, or if you have not left Belgium for 6 years and more.

You're right, thanks for spotting the mistake :cheers:

2003/109/CE

D card can be cancel if:
* you get permanent resident elsewhere in Europe.
* fake documents / information were provided to get the D card.
* 12 months out of Europe or 6 years from Belgium.
* security / national security (serious crimes, murders, ...)

Thank you too Alex... It helped me to be clear about this :)
I guess this is the whole point of long term residency. To give you chance to move elsewhere.

I wonder if it would be possible to work in another country but still live in Belgium with long term residency.

I plan to ask municipality but any ideas welcome :)

As long as you've a work permit (if you need), I'd say: why not?
To me, you could stay in Antwerp and go to work in the Netherlands every day, then come back home every day too.

But there's the tax problem, and my Belgian government loves money..........
"A foreigner in Belgium, working abroad but living in Belgium", they might not like it...
Better ask your commune, but it seems perfectly doable with a D card :D

And if it's not doable, you might need to think about the dual nationality if you ever feel Belgian.

hi Alexa
i have Resedent card type C ..
i want to ask you
what is difference between resedent card type C and resedent card type D

C Card:
Linked to annexe 7 (law of 8 october 1981)
Card granted to a non-EU with permanent residentship.
* Given to familly member of non-EU, as long as they're living together (art. art. 15, §1er, 1°, L. 15/12/1980 et 30, §2, AR 08/10/1981).
* Given to foreigner who is living in Belgium legally for 5 years+ (Art. 15, §1er, 2°, L. 15/12/1980 and Art. 30, §2, AR 08/10/1981)
Valid 5 years.
You're registered into the population registry.

D Card:
Linked to annexe 7bis (law of 8 october 1981).
Card granted to a non-EU with permanent residentship.
The foreigner must have lived in Belgium legally for 5 years AND has stable, regular and sufficient incomes. (Art 17, §2, L. 15/12/1980).
Valid 5 years.
You're registered into the population registry.



Both are permanent resident permit, but as far as I remember, the D card also allow you to move and live in another Schengen States with less restrictions and paperwork.
If I remember well, C card have to do the full process to live elsewhere in Europe. (to be checked)

actually u mean, not a big difference between C and D card

thanks Alex

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