New rules for Permanent Resident

Hello

You get the permanent resident status after 5 years of legal status without any gap.
Meaning 5 years with a foreigner ID card (A, C, E, F, ...) without any interrupt.


If you didn't work 5 years, you'll request a B card.
If you did work the last 5 years and get a salary way more than +/-1550€ per month, you'll request a D card.
They'll also request a certificate from your mutualité/ziekenfonds (social security) that you're covered.


E+ & F+ card are only for European citizens and family members of Belgian/EU

Thanks Alex for your response. Is there also recent change in rule you aware of for applying Permanent Resident ?

I got my permanent resident card last month and it took 6 months.
I know a friend of mine who has never worked in Belgium and she got hers after 6 months.

Curious (nervous?) to know if this applies to persons not EU citizens (US) retiring to Belgium and thus aren't working in any way and paying social security. As we were planning on doing so this year (and am in holding pattern due to visas not being issued for such circumstances) and in five years apply for permanent residency...hoping that possibility hasn't changed with this amendment as well.

Hi everyone,

Kindly note that a few posts have been removed from this thread.

Thanks to be polite and kind to each other please.

Priscilla
Expat.com Team 

1.If you didn't work 5 years, you'll request a B card.
2.If you did work the last 5 years and get a salary way more than +/-1550€ per month, you'll request a D card.

questions?
1.Does part one apply to non-eu students who have lived here for more than 5years through masters and PHDs?

OR if they have been living with belgian family (sibling) during their stay as student?

2. concerning part 2, i thought it was after 4 years you become unlimited employee in belgium? and u can apply for PR? if u wanted?

1. a. The law is strict about student cases: you can't do the request as long as you've that status. Meaning you can't request anything as long as you're not working (single permit & co).
Half of your study time will be taken into account in the calculation of the 5 years once you do the request.
b. It depends on your foreigner ID card.

As you've a student status and are not talking about family member of EU, I would guess you've an A card, then it's a big no.
If you've an F card (family reunion was requested), then you don't care at all, as you will never need a work permit and you'll get your F+ card automatically.

2. Unlimited work permit is granted after 4 years of work.
Permanent residence can be granted after minimum 5 years of legal stay.

Hi,
If I have stayed legally in Belgium for 5 years and worked for 3 years, am I eligible for permanent card B?  or I still will get card A?

AlexFromBelgium wrote:

1. a. The law is strict about student cases: you can't do the request as long as you've that status. Meaning you can't request anything as long as you're not working (single permit & co).
Half of your study time will be taken into account in the calculation of the 5 years once you do the request.
b. It depends on your foreigner ID card.

As you've a student status and are not talking about family member of EU, I would guess you've an A card, then it's a big no.
If you've an F card (family reunion was requested), then you don't care at all, as you will never need a work permit and you'll get your F+ card automatically.

2. Unlimited work permit is granted after 4 years of work.
Permanent residence can be granted after minimum 5 years of legal stay.

I am also wondering about this, though this does not concern me atm. According to the Belgian law, working day is any day you worked and payed full social contributions (you don't need to pay taxes to be considered as a "worker", only social contributions). Since PhD students in BE do work full-time and pay full-social contributions (most of them at least), and they often earn more than 2000 net, this means that they are not studying. In other words, PhD is in fact work. PhD is absolutely NOT the same as Masters. Masters is indeed studying, PhD is working. So, my question here is, how come PhD does not count full towards card D? Not to mention that in KU Leuven (I think) PhD students in addition of paying full social contributions, also pay full taxes. If that is not working, I don't know what is. All of this looks legally arguable to me - but I am not a lawyer. Any answer is welcome.

ZazaBE wrote:

AlexFromBelgium wrote:

1. a. The law is strict about student cases: you can't do the request as long as you've that status. Meaning you can't request anything as long as you're not working (single permit & co).
Half of your study time will be taken into account in the calculation of the 5 years once you do the request.
b. It depends on your foreigner ID card.

As you've a student status and are not talking about family member of EU, I would guess you've an A card, then it's a big no.
If you've an F card (family reunion was requested), then you don't care at all, as you will never need a work permit and you'll get your F+ card automatically.

2. Unlimited work permit is granted after 4 years of work.
Permanent residence can be granted after minimum 5 years of legal stay.

I am also wondering about this, though this does not concern me atm. According to the Belgian law, working day is any day you worked and payed full social contributions (you don't need to pay taxes to be considered as a "worker", only social contributions). Since PhD students in BE do work full-time and pay full-social contributions (most of them at least), and they often earn more than 2000 net, this means that they are not studying. In other words, PhD is in fact work. PhD is absolutely NOT the same as Masters. Masters is indeed studying, PhD is working. So, my question here is, how come PhD does not count full towards card D? Not to mention that in KU Leuven (I think) PhD students in addition of paying full social contributions, also pay full taxes. If that is not working, I don't know what is. All of this looks legally arguable to me - but I am not a lawyer. Any answer is welcome.

I asked not so long ago about this at the immigration office. They didn't explain the details to me but they counted exactly how much my work here counts for the permanent residence. In my case the 1st year where I had a PhD scholarships counts as x0.5 (I did not pay taxes) and the rest of the time, when I've been doing exactly the same but my lab switched me to a work contract because i'm getting paid from a European grant, counts as x1. I mention the taxes payment because that's probably what you know about your status but there are other things that change, the details of your status may be transparent for you but the truth is if you have a scholarship you are probably registered as non-working, you don't have a work permit provided by your employer. The best thing is to ask at the immigration office, just an email could solve it normally.

Thanks for the response! I did not ask for the responses related to my situation, but was rather curious how does this work. From my experience, one gets different answers depending where you ask, which is why one should always ask more sources before collecting documents and trust no authority automatically. Let me give you an example regarding my nationality declaration:

1) 1st visit to the office  for nationality - not sure if you can apply, come back in couple of months when its full 5 years.
2) 2nd visit - you absolutely cannot apply, they will reject you, go home.
3) Hired lawyer - he says that every day I payed social contributions (not taxes, this does not matter) counts as a working day, I can apply and will get it.
4) Lawyer at agii - only days you payed full taxes count, you will not get it.
5) Visit to office for nationality again - all days during which you payed social security as "prestaties" count, taxes don't matter; my declaration officially submitted, process now ongoing.

BTW - I was told I have the full right to get card D with PhD years counted as full, despite the fact that I did not payed taxes, also in migration office, but gave up on pursuing this since I realised I can apply for citizenship directly.

ZazaBE wrote:

Thanks for the response! I did not ask for the responses related to my situation, but was rather curious how does this work. From my experience, one gets different answers depending where you ask, which is why one should always ask more sources before collecting documents and trust no authority automatically. Let me give you an example regarding my nationality declaration:

1) 1st visit to the office  for nationality - not sure if you can apply, come back in couple of months when its full 5 years.
2) 2nd visit - you absolutely cannot apply, they will reject you, go home.
3) Hired lawyer - he says that every day I payed social contributions (not taxes, this does not matter) counts as a working day, I can apply and will get it.
4) Lawyer at agii - only days you payed full taxes count, you will not get it.
5) Visit to office for nationality again - all days during which you payed social security as "prestaties" count, taxes don't matter; my declaration officially submitted, process now ongoing.

BTW - I was told I have the full right to get card D with PhD years counted as full, despite the fact that I did not payed taxes, also in migration office, but gave up on pursuing this since I realised I can apply for citizenship directly.

exactly, I learnt that the hard way, asking at the office = asking several times at the office and to several people, if there is 1 constant is that everyone has different responses (I'm talking about "official" channels). It's also true that (as far as what I've been told last time at the immigration office) there was a change of the legislation somewhere in 2019 so it's possible the different answers are actually all correct but just based on different legislation.
Now I have a question for you, since you mentioned it ... is it true that you can apply for citizenship without permanent residence (card D)?? I understood it was not possible, I didn't ask anyone about this just checked the legislation online.

Thanks in advance

IgnacioEg wrote:

ZazaBE wrote:

Thanks for the response! I did not ask for the responses related to my situation, but was rather curious how does this work. From my experience, one gets different answers depending where you ask, which is why one should always ask more sources before collecting documents and trust no authority automatically. Let me give you an example regarding my nationality declaration:

1) 1st visit to the office  for nationality - not sure if you can apply, come back in couple of months when its full 5 years.
2) 2nd visit - you absolutely cannot apply, they will reject you, go home.
3) Hired lawyer - he says that every day I payed social contributions (not taxes, this does not matter) counts as a working day, I can apply and will get it.
4) Lawyer at agii - only days you payed full taxes count, you will not get it.
5) Visit to office for nationality again - all days during which you payed social security as "prestaties" count, taxes don't matter; my declaration officially submitted, process now ongoing.

BTW - I was told I have the full right to get card D with PhD years counted as full, despite the fact that I did not payed taxes, also in migration office, but gave up on pursuing this since I realised I can apply for citizenship directly.

exactly, I learnt that the hard way, asking at the office = asking several times at the office and to several people, if there is 1 constant is that everyone has different responses (I'm talking about "official" channels). It's also true that (as far as what I've been told last time at the immigration office) there was a change of the legislation somewhere in 2019 so it's possible the different answers are actually all correct but just based on different legislation.
Now I have a question for you, since you mentioned it ... is it true that you can apply for citizenship without permanent residence (card D)?? I understood it was not possible, I didn't ask anyone about this just checked the legislation online.

Thanks in advance

No, you need to have some form of permanent residency. I had F card that is also considered as a permanent residency, otherwise I would need to get D first.

ZazaBE wrote:

IgnacioEg wrote:

ZazaBE wrote:

Thanks for the response! I did not ask for the responses related to my situation, but was rather curious how does this work. From my experience, one gets different answers depending where you ask, which is why one should always ask more sources before collecting documents and trust no authority automatically. Let me give you an example regarding my nationality declaration:

1) 1st visit to the office  for nationality - not sure if you can apply, come back in couple of months when its full 5 years.
2) 2nd visit - you absolutely cannot apply, they will reject you, go home.
3) Hired lawyer - he says that every day I payed social contributions (not taxes, this does not matter) counts as a working day, I can apply and will get it.
4) Lawyer at agii - only days you payed full taxes count, you will not get it.
5) Visit to office for nationality again - all days during which you payed social security as "prestaties" count, taxes don't matter; my declaration officially submitted, process now ongoing.

BTW - I was told I have the full right to get card D with PhD years counted as full, despite the fact that I did not payed taxes, also in migration office, but gave up on pursuing this since I realised I can apply for citizenship directly.

exactly, I learnt that the hard way, asking at the office = asking several times at the office and to several people, if there is 1 constant is that everyone has different responses (I'm talking about "official" channels). It's also true that (as far as what I've been told last time at the immigration office) there was a change of the legislation somewhere in 2019 so it's possible the different answers are actually all correct but just based on different legislation.
Now I have a question for you, since you mentioned it ... is it true that you can apply for citizenship without permanent residence (card D)?? I understood it was not possible, I didn't ask anyone about this just checked the legislation online.

Thanks in advance

No, you need to have some form of permanent residency. I had F card that is also considered as a permanent residency, otherwise I would need to get D first.

Oh ok, mow it's clear, thanks a lot.

Hi I have similar situation...

Need advice if spouse of D or B card holder will be eligible for Permanent residence card??...if he has completed the 5 years on expat contract with Foreign company.

Also my spouse apply for D card in Commune but even after 5 months commune is not replying on the status of card...She has completed 5.5 years in Belgiam and working for local Belgian company for 4.5 years.....Can we approach some place for legal advice.?

For status of the application contact your commune (city hall). Ask for deadline or time frame. if you do not receive any answer before time period. Then take it as as good news. In Belgium news is considered as a good news.

Normally it's will take 6 months.

If you receive negative answer then you can approach lawyer for appeal.

Cheers,

vickykaushal wrote:

Hi I have similar situation...

Need advice if spouse of D or B card holder will be eligible for Permanent residence card??...if he has completed the 5 years on expat contract with Foreign company.

Also my spouse apply for D card in Commune but even after 5 months commune is not replying on the status of card...She has completed 5.5 years in Belgiam and working for local Belgian company for 4.5 years.....Can we approach some place for legal advice.?

There seems to be a new rule? in place that you need to be on local contract for 5-years to apply for PR.

I am not 100% sure, but this is what 2 friends of mine were told by Evere commune recently when they went to request a PR after 5-years of expat contract.

On the other hand, I heard from another source who had 3 years expat contract and 2 years local contract, that he was given PR based on 5-years of work.

Best is to check with the commune as it depends case to case. Follow up if they do not reply back, and my suggestion is ensure you write the email in local language (Google Translate helps!)

All the best.

Cheers,
N

Hi, I am dependent spouse with A card in belgium. My partner hold a PR. Currently due to covid -19 situation, i am out of belgium for more than 6 months. . Will i be eligible for PR even if i am out of belgium for more than 6 months and if i make an entry to belgium in the coming months? How many years do i need to be in belgium continuously to get a PR( Is it 5 years or 3 years)? On which category the year count for PR will be reset to 0? Can anyone elaborate me. Thanks in advance

Generally, you need 5 years of continuous stay, but COVID is a special circumstance. If you are from an EEA country, the time required for PR eligibility is lower.

Best to check this with your commune. If your stay outside Belgium is for a genuine reason, they will probably support, if you provide evidence.

I propose write and email to your commune explaining your situation and ask them for the feedback on impact on your future PR.

All the best.
Cheers,
N

Okay, Thanks a lot for your response

I have question about D card. If one gets a residency D card, do we have to apply for the residence card afresh for the spouse based on it? If yes, and if the spouse has only worked for last 2 years during 5 years of stay in Belgium, what type of card is issued to the spouse? Is the spouse eligible for permanent residency as well based on the main applicant?