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The information provided is designed to give a summary of the immigration requirements. It is not offered as legal advice and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything done or omitted in reliance upon the contents of this information sheet. Immigration rules and requirements frequently change without notice and you should contact our Global Immigration team for further information and advice.
Who needs a visa?
Business Visa
Work Authorization
Family
Penalties
Do's and Don't
Holders of an EEA (EU Member States, Iceland, Liechtenstein and Norway) or Swiss passport do not require a visa and have no limitations to travel to or to stay in Belgium for a short term (maximum of 3 months).
The EEA countries are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Great Britain, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain.
Nationals of the following countries do not need a visa for a short term stay in Belgium: Andorra, Argentina, Australia, Bolivia, Brazil, Brunei, Canada, Chad, Chile, Costa Rica, Côte d'Ivoire, El Salvador, Guatemala, Honduras, Hong Kong, Israel, Japan, Macau, Malaysia, Malawi, Mexico, Monaco, Morocco, New Zealand, Nicaragua, Pakistan, Panama, Paraguay, Republic of Korea, San Marino, Senegal, Singapore, Sweden, Switzerland, Thailand, Tunisia, Turkey, United States, Uruguay, Vatican City, Venezuela.
Foreign nationals who require a visa must obtain a Schengen Business Visit visa to travel to Belgium on business.
Whilst in Belgium, employees, who hold a business visa, are not permitted to work but can attend meetings in closed circle and conferences up to 5 days per month.
Existing Schengen visa holders:
The Belgian Embassy will not issue a new visa for Belgium if the applicant's passport already holds an active Schengen visa issued by another country's consulate. The active visa has to be canceled first by the issuing consulate.
Validity:
The business visa permits the holder to enter the Schengen area for a period of up to 90 days within a 6 months period.
Processing time:
Processing times of business visas vary according to the country where the application is filed.
Business visa applications in the UK may be processed within 5 working days from the date of submission. The application will take longer to be processed if the application is referred to the immigration authorities in Belgium.
EEA nationals
EEA nationals do not require a work permit to undertake employment in Belgium.
In general EEA nationals who stay in Belgium for more than 3 months must register with the Belgium town hall in the area where the EEA national will reside.
Work Permit
The company sponsoring the work permit can be a Belgian company or, in the event of a secondment, a foreign company. However the company representative, usually a member of the Human Resources team, signing the supporting documentation must be a Belgian resident. A work permit application must be submitted to the Regional Ministry of Labour. Once approved, the Ministry of Labour sends confirmation of their decision to the Belgian representative. The representative is then required to collect the original work permit from the local town hall.
The original work permit is then sent to the foreign worker in their country of residence, and submitted to obtain a work visa to enter Belgium.
Once in Belgium, the foreign worker will be required to obtain a residence permit from the town hall with jurisdiction over his/her area of residence.
Highly skilled - requirements:
1. The applicant must have a higher education (university or similar level) degree.
2. The salary must meet the minimum salary level, set by the authorities and adapted on a yearly basis.
General work permit -
To qualify for a General Work Permit two main requirements must be met:
1. The employer must show that they cannot fill the position with a Belgian/EEA national ("resident labour" test).
2. The foreign worker must have relevant qualifications and experience to fulfil the role.
Processing time:
Applications for a highly skilled work permit can be fast-tracked.
Work permit applications in Belgium may be processed within 4 to 6 weeks. Fast track applications may be processed within 2 weeks from the date of submission.
Processing times of work visas vary according to the country where the application is filed.
Work visa applications in the UK may be processed in 1-4 weeks from the date of submission.
The residence permit may be issued within 2 to 8 weeks of date of registration.
Validity:
The work permit is usually granted for a period of 12 months, which can be extended.
The residence permit will be valid for one month beyond the duration of the work permit.
Vander Elst visa
Requirements include:
To qualify for a Vander Elst visa, the following requirements must be met:
1. The foreign worker must be lawfully employed by a company located in the European Union, and must intend to provide services to the Belgian company on behalf of their EEA employer
2. The foreign worker must have a work permit and right of residence in an EU country, which must be valid for the duration of the assignment in Belgium
3. The foreign worker's passport must be valid for the whole duration of the assignment in Belgium
4. The foreign worker must not have any major criminal convictions.
Procedure:
1. Obtain Certificate of Exemption from local immigration authorities if possible.
2. Apply for Vander Elst work visa.
3. Enter Belgium and obtain residence permit from the local immigration authorities by presenting the original endorsed passport.
Processing time:
Vander Elst work visas may be processed in 6 weeks from the date of submission.
Validity:
The Vander Elst visa is usually granted for the duration of the assignment.
Family
Dependants:
The spouse and children under the age of 18 can accompany the foreign worker to Belgium.
Processing time:
Processing times of dependant visas vary according to the country where the application is filed.
Dependant visa applications in the UK may be processed in 1-4 weeks from the date of submission.
Validity:
The dependant's visa/residence permit may be issued for the same period as the visa/residence permit of the employee.
Unmarried / Same Sex Partners
Most common law partners and children under the age of 18 can accompany the foreign worker to Belgium as dependant(s).
Processing time:
Processing times of dependant visas vary according to the country where the application is filed.
Dependant visa applications in the UK may be processed in 1-4 weeks from the date of submission.
Validity:
The dependant's visa/residence permit may be issued for the same period as the visa/residence permit of the employee.
Penalties
Employer:
Employing a foreign worker who does not have the requisite work authorization is an offence. If convicted the company may be fined; even imprisonment is possible.
Employee:
Foreign workers who do not comply with the immigration laws of Belgium may be fined and possibly imprisoned.
Do:
1. Contact our global immigration team as soon as possible regarding any potential application as we may be able to assist with preparing documents
2. Provide all requested information and documents promptly to enable us to prepare your application efficiently
Don’t:
1. Perform any duties that may be construed as work whilst in Belgium as tourist or as a business visitor
The information provided is designed to give a summary of the immigration requirements. Please note that the information was correct at the time of writing, however the immigration rules and regulations of Belgium, like many other countries, frequently change without notice and you should contact our Global Immigration team for further information and advice.