Single permit in case of changing the employer

Hello all,

I have a work and resident permit which is valid for 2.5 years. I got a job offer from another company which I want to accept. If I change the employer and my new employer apply for work permit for me do I have to also apply for new resident permit again? it means the process takes 4 month again until I can start working again? does it effect the 5 years of consecutive working in Belgium required to apply for permanent residency?

Thank you very much in advance,
@Tarane Hello Tarane,
Yes, the process can take again around 3-4 months. You will also have to wait the decision for the new residence permit from the Immigration. However, once the work permit is approved you can start working for the new employer while waiting to get the new residence permit or annex 46.
I do not think it affects the permanant residency application as you are still resident in Belgium. Only if you leave Belgium for a longer period (more than 6 months I think), then it is considered an interruption of your residency.
Can he still work for current employer , while waiting for the new work permit ?
If he cancel his work permit, does his resident
Can he still work for current employer , while waiting for the new work permit ?
If he cancel his work permit, does his resident
- @katete

I mean if he decide to leave current employer, will his RP also become invalid?
of course... as the reason why he can stay is the work permit.
Now if there's a new single permit ongoing, they'll not cancel the resident permit immediately if it's still valid. They'll just wait to see the result.
Hello,

I wanted jump into the conversation as I have related questions.

I am planning to change my employer, so I was wondering whether my current work permit will be cancelled as soon as the new work permit is approved. Additionally, is there any source I can show my new employer that I will be able to start working once my work permit is approved and I don't need to wait for the residence permit? My current residence permit is valid until the end of 2024.
Your work permit must be canceled at the time you request for a new one.
Meaning you're not allowed to work anymore until the next approval and you must have enough money to handle yourself (rent / food / ...)

Your resident permit will be in mode "pending" for the administration, even if ''''still''' valid.
They'll wait for the answer of the region about your work permit and the immigration to allow your stay.
of course... as the reason why he can stay is the work permit.
Now if there's a new single permit ongoing, they'll not cancel the resident permit immediately if it's still valid. They'll just wait to see the result.
- @AlexFromBelgium

Hi Alex, can one start working if he receives WA for new employer but waiting for RP  (old RP still valid or pending )?
yup
According to KPMG's immigration consultancy service you have to wait until you receive your RP.
No because there's already a valid resident permit that will not be canceled (renewal), so the legal stay is covered.
As long as the new work permit is granted, you can start working for your new employer.
I told them the same thing because I have a valid RP until the end of 2024 but they said that this permit is for a different employer and I have to wait for the annexe in order to start working for my new employer.
I told them the same thing because I have a valid RP until the end of 2024 but they said that this permit is for a different employer and I have to wait for the annexe in order to start working for my new employer.
- @bc2910

Hi, to whom did you ask? Is it new employer or any government office (Commune or immigration) ? Also, in which region your new employer located ? Thanks.

@hit123mistry Hi, my new employer works with KPMG to file single permit applications and the company is located in Brussels. KPMG told me that my residence permit is tied to my previous (current) employer and I cannot start working before obtaining my annexe 46.

And this is the answer from authorities:

votre nouvel employeur doit introduire une demande de renouvellement (changement d'employeur) via le guichet unique. Vous ne pouvez travailler pour votre nouvel employeur que lorsque le permis est approuvé par le service ibz.

As a summary if you change your employer, you have to wait until you obtain the annexe 46/47 before start working for your new employer.

@bc2910 Thanks for the update

@bc2910 Can we apply SP for new employer while we are still serving notice for the current employer ? 

@bc2910 i was allowed to work for new employer with first approval only as i have valid RP

@bc2910 Same for me, although a friend of mine had the temporary annex 49 that allowed him to work till the RP was ready !

@AlexFromBelgium When I asked about this, they said that a resignation is not needed to file for a new single permit !

@Varsha Vasudevan26 When have you started SP application for the new employer ? After getting release from current employer or simultaneously while working for current employer ?

@hit123mistry my future company applied for my new single permit and while I am waiting for the approval, I am still working for my current employer.

@bc2910 Thanks. Let's say if we get single permit for a new employer, and there is notice period left with the  current employer, can we still complete the notice period with the current employer? Sorry too many question but I am figuring out when is the best time to resign and when to start application for the new employer, considering 3 months of notice period.

@hit123mistry this is something I am wondering too. Currently I am waiting for my single permit and haven't resigned yet.

@bc2910 How did you do it at the end?

Your new employer applied for the single permit, but how did he know your starting date? (to add in the contract)

How long did it take for the new permit to be issued?

Thanks a lot! I'm in the same situation and don't know how to handle it

@hit123mistry Normaly when your new employer apply for your SP, ministry ask for a resignation with lwd from current employer, but its not always true, in some cases i heard ministry just process for new sp without bothering about current employer lwd/resignation, to have peaceful nights better if you get somehow later option :-) then you should agree an extended joining date with your new employer considering you resign after getting a confirmation on your new SP, but in your case 3month notice period seems too long to serve after completing SP process, seems Impractical to wait for new employer for such a long time, normally notice period in BE are not that longer. Thx

@Taran,

I did not see the other answers but hereunder my answer short and simple:

No doesn't take 3-4 months, it is roughly between 2 - 4 weeks, it is faster (it could be the same as your notice period).


It doesn't impact the 5years if you come up with an agreement with your current employer to make a resignation an open ended contract, it means you send a resignation letter and mentioned that the final last date will be communicated when I get the authorization from the government.


however, if you have worked 468 days before the change then it is ok to have interruption, that is because you ask for nationality.

@bc2910 : Better option is to become a freelancer. There is no criteria of no. of work days or invoice or interruption between contracts for a freelancer while applying PR or nationality.

@bc2910


https://docs.google.com/document/d/e/2P … KVb2KY/pub


This is my Work Authorisation (WA) translated copy and  you can also see that it indicates the approval to start working.


I have also changed the employer 6 months before but on the next day of WA approval, my RP card expired and I received Annex 49. My commune also informed me that I can start working.


But, I could not understand what made your employer to wait for SP.


I am asking you this for future purpose to understand difference in the situation.



BR,

Appan

Hello everyone,

Since September 2021, I have been working as a truck driver in Belgium.

In May, I resigned from my current job due to harsh working conditions and unfair salary policy.

I made an agreement with a different workplace and they applied for a Renewal Single Permit for me on 02.05.2023.

On 12.07.2023, Vlaanderen informed my new company that the extension of the SP was decided POSITIVE.


But they say I cannot start work yet. What is the next process? What am I waiting for to start working? Could you please inform and guide me?


Application date: 02.05.2023

Date of notification of the POSITIVE decision to extend the SP: 12.07.2023

Hello everyone,


I was working in the Wallonia region as an engineer. Due to a toxic internal environment, I had a dispute with my employer, and he terminated my contract on 03.08.2023. Now, I have found a new employer in the Wallonia region, and they applied for my single permit on 05.09.2023.


Now, my question is, will the decision on my single permit application with the new employer be affected by my dispute with the previous employer? If yes, what should I do?


Another question is that it has been more than a month since I left my previous job, but now I am planning to visit my home country. However, the commune and the Office de l'étranger have warned me that if my previous employer reports the cancellation of my employment during my home country visit, they will cancel my work permit. If this happens during my immigration, I would be unable to return to Belgium. They mentioned that this process usually takes approximately 3 months.


Could you please provide guidance on this as soon as possible?


Thank you in advance!