Belgium Visas

VISANOW draws on years of legal and international immigration experience around the world, allowing our multi-lingual global immigration team to help you jump-start your immigration process. Our attorneys distinguish themselves by partnering with you to explain and work through complex country requirements via a transparent process and by making recommendations to get you in-country sooner.

Work

To engage in employment in Belgium, the applicant must first apply for and obtain a Work Permit from the appropriate regional government office. Before the prospective employee enters Belgium, the applicant must also obtain the appropriate Residency Visa, which can be issued upon the presentation of a Work Permit and supporting documents. Documentation requirements and processing times for both visa and work permit applications can change frequently and without notice. In addition, documentation requirements for visa applications tend to vary significantly across Belgian consulates.

Apart from exceptional cases (for example: highly qualified personnel, management executives, researchers, trainees, young au pairs, etc), work permits are issued only when there are not enough workers available on the labor market for the sector in question or for the specialization concerned, and in the case of workers who are nationals of countries linked to Belgium by international agreements or Conventions on the employment of workers.

Work Permit and Visa Validity Period:

• The Work Permit B is generally valid for an initial period of one year and may be renewed annually.
• The Type D Visa is generally valid for an initial period of 90 days. One 90 day extension is possible, for a total stay of 180 days during a365-day period.

Registration of employees and independent workers:

Since April 1, 2007, non-Belgian employers, self-employed persons or their employees who carry out short term or partial assignments in Belgium must declare their activities in advance. This mandatory “Limosa” declaration applies to:

• Employees and apprentices, who come to Belgium to execute certain temporary or partial work and who, because of the nature of their short term assignment, are not subject to the Belgian social security system.
• Self-employed people and self-employed apprentices who come to work in Belgium temporarily or partially, irrespective of whether they are subject to the Belgian social security system.
• Some exceptions to this general obligation exist. Certain persons may be exempted, especially for short-term assignments.

Preferential procedure for important investors:

Individuals planning to make a significant investment in Belgium, may be entitled to enjoy a preferential application procedure. These investors would be exempt from obtaining the work permit prior to applying for the temporary residency visa. The aim of this simplified procedure is to issue a temporary residency visa of a maximum duration of 8 months (which can be extended) to important investors. Investors will still need the work permit or professional card before starting their business activities in Belgium. However, the procedure to obtain the work permit or professional card can be completed in Belgium after the applicant has received the temporary residency visa abroad and has entered Belgium.

Business

A “business Visit” is generally a short-term trip taken to conduct business activities for which work authorization is not required. Once a foreign national requires work authorization, he or she is no longer considered a “business visitor” from an immigration perspective, even though he or she may be making a very short “visit” to a country for what he or she considers to be “business” purposes.

In Belgium, business visitors must generally limit their activities to attending business meetings or discussions; making sales calls to potential Belgian clients provided that the visitor represents a commercial entity outside of Belgium; and/or attending seminars or “fact-finding” meetings. Business Visitor status is not appropriate for visits to install or repair machinery, computer software or equipment, or to perform other technical duties at either an affiliated company or a client site.

If a business trip, even if very brief, will involve activities other than those outlined above, a work permit and visa will typically be required. However, there may be differences between activities permitted by law and those allowed in practice. Additionally, even when activities are limited to those listed above, if the foreign national will generate profit for the host entity, receive compensation from the host entity, or take direction from the host entity, a work permit may be required. Accordingly, it should not be assumed from the list above alone that a business visit is or is not sufficient for a given case.

Business visitors to Belgium typically use the Schengen Type C Visa. Unless exempt by treaty or other reciprocity agreement, foreign nationals are required to obtain a Schengen Type C Visa prior to entering Belgium for business visits. The Schengen Type C Visa must be obtained from the Belgian consulate with jurisdiction over the applicant’s place of residence or country of citizenship.

The maximum allowable stay for business visitors is generally five consecutive calendar days. As soon as a traveler stays in Belgium on business purpose for more than five days a month without a Belgian contract of employment, the Belgium government needs to be informed. Employees and self-employed persons are exempt if they attend meetings in a closed circle in Belgium. To enjoy exemption, they may not spend more than a total of 60 days per year at such meetings in Belgium. Furthermore, no such meeting may last longer than 20 consecutive calendar days. What is concerned here is a wide range of meetings: discussions on strategy, negotiations with a customer regarding a contract, evaluation interviews, etc. These rules apply as from April 1, 2007.

Study

A Student Visa is granted for the purpose of studying in Belgium. If you wish to apply for a student visa for academic year 2009/ 2010, your application will have to be processed before November 15, 2009.

Also, applications by students enrolled in an educational institute not recognized by the Belgian state have to be referred to the appropriate Belgian authorities for processing. Certain restrictions apply and the processing time will be longer.

If you are attending a non-accredited institution, legalized copies of your current degrees or letter of employment to prove that the studies you want to follow in Belgium complement your past education/career are required. You will also need to include a motivation letter explaining why you chose this particular institution in Belgium to continue your studies.

In case you will attend an accredited school please request your student visa at least four weeks prior to your intended departure date.

Upon arrival in Belgium, it is important that you register yourself and your family at the local City Hall within 8 days of your arrival. The local authorities will provide you (and your family members) with an identity document for a foreign student temporarily living in Belgium. This document will allow you to enter and leave the country. This document will also show the exact duration of stay.

Visit/Family/Marriage

A short-term Schengen visa is granted for the purpose of tourism; for example sightseeing or visiting family/friends or for other personal affairs. American Citizens do not need a visa when they travel to Belgium for business or for personal travel. The stay in the Schengen area should not exceed 90 days in a 6 month period.

The uniform visa or Schengen visa was established by the Schengen Agreements. It is valid for the territory of all the Schengen States and entitles the holder to remain for an uninterrupted period of 90 days at most or to make one or more visits over a six-month period in the Schengen territory, starting from the date of first entry. Notwithstanding the general rule, any Schengen partner may reserve the right to restrict the territorial validity of the visa.

The Schengen visa is valid for the following 24 European countries: Austria, Belgium, The Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slowakia, Slovenia, Spain and Sweden. A Schengen visa issued by an Embassy or Consulate of the above countries allows the holder to travel freely in all of these countries.

Visas issued before or on December 20, 2007 by the new Schengen States (Latvia, Lithuania, Estonia, Hungary, Poland, The Czech Republic, Slowakia, Slovenia and Malta) are only valid for these 9 new Schengen countries, not for the whole Schengen area.

Temporary Residence

A short-term Schengen visa is granted for the purpose of tourism; for example sightseeing or visiting family/friends or for other personal affairs. American Citizens do not need a visa when they travel to Belgium for business or for personal travel. The stay in the Schengen area should not exceed 90 days in a 6 month period.

The uniform visa or Schengen visa was established by the Schengen Agreements. It is valid for the territory of all the Schengen States and entitles the holder to remain for an uninterrupted period of 90 days at most or to make one or more visits over a six-month period in the Schengen territory, starting from the date of first entry. Notwithstanding the general rule, any Schengen partner may reserve the right to restrict the territorial validity of the visa.

The Schengen visa is valid for the following 24 European countries: Austria, Belgium, The Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slowakia, Slovenia, Spain and Sweden. A Schengen visa issued by an Embassy or Consulate of the above countries allows the holder to travel freely in all of these countries.

Visas issued before or on December 20, 2007 by the new Schengen States (Latvia, Lithuania, Estonia, Hungary, Poland, The Czech Republic, Slowakia, Slovenia and Malta) are only valid for these 9 new Schengen countries, not for the whole Schengen area.

Citizenship

We are currently updating the information for this visa type. VISANOW can assist you with your application, please call us at 855-VISANOW (847-2669) to start the process today.

 

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