Stay in Belgium while employer applies for unique permit?

Unfortunately you only can get your residence permit if your stay is legal at the time you apply.

Don't ask me legit sources and it seems crazy but as far as I remember you may have to come back to US to get your working visa.

I am not talking about your case but if it's allowed to land a job with tourist visa, you see how easily it can be abused.

Hello,

In case you're a family member of an EU, you can do the administration from Belgium to get your resident card (and no work permit in that case).

But if you're not a family member of an EU, you'll have to go back to your country of residence and request your work permit + visa from a Belgian consulate/embassy.
Once you've your visa, the commune will give you your id card / resident permit.



I hope you did the administration with the immigration to allow you to overstay after your 90d visa-free due to the covid19....
As far as I remember they're multiple flights from Schiphol to the USA

Hi all,

Thanks for the replies.

I spoke to someone from immigration who said that they didn't believe there was any reason I would need to go back to the US.

I've already been approved for one COVID-related extension through July 15 and have already filed for another.

The immigration person also said that there aren't any sort of penalties for overstays now because it's impossible for them to deal with all the extension requests they're getting. As long as you can prove you've tried to extend theres no problem.

Alex, my employer is applying for the work permit for me—when employers apply on behalf of their employees, do the employees still need to go back?

Good that you did all the administration to avoid any problem or blacklist! (blacklist = 2 years travel ban in EU)


What this "immigration guy" is saying is reaaaaaallllllyyyyyyy suspicious...
Did you had one of the random guy from the call center of dofi hotline on the phone?
Because if it's the case: don't believe everything they say...
Most of them know absolutely nothing (some are even off-shored in third-country) and can only answer generic easy questions or look at the visa status on the web...
Never forget that, in the end, they will encode all the requests no matter what... and all the processes are automated by computer. You just don't want to have a red flag, not in X months too.


Fair enough, this corona period is exceptional and may change things and processes a bit, but I would only trust the answer of a visa officer / consult of your home country... as the Belgian laws specify that as a non-EU family member you've no access to the process within the territory...

I would send a mail to the embassy of Belgium in the US in order to explain your current situation and that you're stuck in Belgium + work opportunity to have a real view on your current options (or an immigration lawyer in Belgium).
I would play the game by saying:
"I love the US and I'd like to go back to do the things right, but right now I feel in danger if I go back due to the covid. Situation in the US is terrible and it's safer for me in Belgium, blablabla. Is it doable/what can I do?"
(if you're 50+ years old or have real health issue, mention it as well but don't lie!)

As it is currently an exceptional period, it may work and they may do an exception~ but I don't have high hopes for your case, as the embassy is opened again and they do process work visa D: "Highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad (Single Permit holders with code B29 only)."
Anyway, you've nothing to lose by asking them~


In normal period, yes, you've to introduce your visa D request at the consulate/embassy with your work permit & resident permit papers that you'll receive by email to get your visa 5-14 days later.
So, they may ask you to go back in America for that "normal" process...


Keep us in touch please! I'd like to know the end of your story

Hello Everyone, I'm Florence a Ugandan but planning to move Belgium in the near future, I have been looking for a website that provides me with information about living and working in Belgium and also to get in touch and learn more from with African Communities there because I can speak good English but I don't know other languages spoken there...