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I am an EU citizen
The possibility of you working in Belgium, and under what conditions, depend on both your nationality and your right of residence in Belgium.
Are you an EU citizen and wish to work in Belgium for more than 3 months?
As an EU citizen, you can start working immediately. In order to make sure your residence status is in order, there are a few administrative steps you need to take as soon as possible, even if you have already started working.
Upon arrival in Belgium, you are required to report to the local municipality within 10 working days, where you will need to make a declaration of presence. This will be valid for 3 months. If you wish to reside in the municipality, you also need to complete a registration process (Annex 19).
As an EU citizen, you can only apply for an Annex 19 once you have submitted all the necessary documents proving that you are exercising your right to free movement within the EU. If you already have these documents upon arrival, you do not need to make a declaration of presence.
Please note: even if you do not yet have an Annex 19, you can already start working. Therefore, this cannot be a reason for your employer to refuse to let you start work.
Important! Once your Annex 19 has been issued, the local municipality will ask a neighbourhood officer to come and verify that you live at the address you have provided. You can only be added to the foreign nationals register if the neighbourhood officer is able to confirm that you actually live at the address provided. To make it easier for the neighbourhood officer to investigate and to ensure quick registration, it is very important to clearly write your full name on the doorbell and letterbox.
What documents will you need to provide?
An employment contract. This contract must be for a minimum of 12 hours a week and must be a contract which shows that you will work for this employer for longer than three months (this may be indicated by an employer’s declaration – Annex 19bis. (NL – FR). If the employment period is less than 3 months, the municipality will not issue you with a residence card but they will give you an Annex 3ter. This gives you the right to remain in Belgium for 3 months. You cannot renew an Annex 3ter. If you work with temporary contracts, you will only be issued with a residence card E if you can provide three months’ worth of payslips and if the payslips show that you have worked at least 12 hours a week. For the duration of those three months, you will only have the Annex 19.
Registration with the VDAB (Flanders), Actiris (Brussels) or Forem (Wallonia) or copies of application letters and proof you have a realistic chance of finding work (a CV listing your skills and education, for example, copies of diplomas, certificates obtained, language lessons, etc.).
You can register as a job seeker with employment services (VDAB, Actiris, Forem) even without an Annex 19. However, if you want them to actively help you, they may first ask you to have an Annex 19.
Registration with the Kruispuntbank (Central Database for Enterprises) with an enterprise identification number and membership of a social insurance fund for self-employed persons. Depending on the capacity in which you work as a self-employed person, additional documentary evidence may be requested. Ask your municipality about this.
Please note: If you choose to work as a self-employed person, your rights are different from those of an employee. Think carefully about whether that’s really what you want. Read here more information on self-employed status and the risk of false self-employment.
The Immigration Authority will assess each case on its own merits. Since there is no amount specified in law, this is not allowed under European regulations. You must prove that you will not be a financial burden to the Belgian government. Take as an indication the living wage: if your income is higher than this, you will not be eligible for social assistance. However, if your income is lower than the living wage, your application may still not be automatically refused. The Immigration Authority needs to examine your personal situation and take all your income into account, such as: a disability allowance, early pension, compensation for help for the elderly, accident at work or occupational illness allowances, etc. The latter must always be accompanied by proof of health insurance.
Registration with an organised, certified or subsidised education institute and health insurance and a sworn declaration that you have sufficient financial means to cover your livelihood. If you are an EU, EER or Swiss student, you may also work: there are no regulations about the maximum number of hours a week. However, your main occupation must be that of a student. If you work too many hours, you will assume the status of employee. This is a more favourable status.
Are you an EU citizen and wish to work in Belgium for less than 3 months?
If you are coming to work in Belgium for less than 3 months, you must follow these steps:
- You must report to your local municipality within 10 days of your arrival in Belgium to make a ‘declaration of presence’.
- You must prove that you are a national of a Member State within the European Economic Area or Switzerland by presenting your passport or ID card.
- You will need to provide a passport photo and your address while in Belgium.
- The municipality will provide you with an ‘Annex 3ter’ (NL – FR) ‘déclaration d’arrivée’ – or, in English, a ‘declaration of presence’. Your address will be indicated on this document.
- You will not be subject to any residence checks by a neighbourhood officer.
- You will not be added to the national register.
You need to do this every time you enter or return to Belgium for a period of up to 3 months.
However, you do not need to do this if you are staying in accommodation that is subject to legislation governing traveller registration (e.g. a hotel, hostel, etc.). You do not need to make a declaration of presence if you are in hospital or prison.
If you do not do this within 10 days of your arrival, you may be fined €200.
Can an employer already hire me even if I have not yet got my residence permit?
Yes.
To register your employment contract, your employer is required to register you with the social security system. This is usually done using a national registration number. However, if you have not yet fully registered your address in Belgium, you will not yet have a national registration number. In such a case, your employer can request a BIS number from the relevant authorities via BelgianIDpro. Once you have been allocated a national registration number, your employer can register you on the social security system, after which you can start working.
Please note! This does not mean that you no longer need to
Your employer is acting in accordance with the law and cannot be penalised if you do not formalise your residency status. Penalties may be imposed if this is not in order. However, this is not strictly enforced at present.
If I stop working, could I lose my residence permit?
Yes, during the first 5 years, your residence permit – E card – can be withdrawn if you no longer meet the conditions of residence under which it was granted. For example, if you were registered as an employee and are no longer employed, or if you were registered as self-employed and are no longer self-employed.
If you have been living in Belgium for less than 5 years with an E card and you have been receiving help from the CPAS (Public Centre for Social Welfare) or another social welfare organisation for more than 3 months, and you have become dependent on such support, the Office des Étrangers (Immigration Office) may decide to withdraw your right of residence.
If you lose your job and need to contact the CPAS (Public Centre for Social Welfare) for support during a transition period, you are entitled to do so for up to 3 months without any issues.
However, if you have been receiving support from the CPAS (Public Centre for Social Welfare) for more than 3 months, after 4 months the Office des Étrangers (Immigration Office) will be informed and may decide to withdraw your right of residence, although this is not an automatic decision. If the Office des Étrangers (Immigration Office) decides to check whether you are still entitled to stay, you will be notified and given the opportunity to defend yourself.
You have received CPAS (Public Centre for Social Welfare) support, but you find a new job. You can choose to repay any benefits you have received to avoid any issues when renewing your residence permit. However, you are not obliged to do so.
If, in the meantime, you have lost your residence permit and are starting work again, you can restart the process for a stay of more than 3 months, as set out above.
Please note: in some situations, you may still be able to keep your right of residence:
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If you are temporarily unable to work due to accident or illness;
OR
- If you have worked for more than 1 year and you find yourself involuntarily unemployed. You must register as a job seeker with a public employment and vocational training service (VDAB, Actiris, Forem);
- If you have worked for less than 1 year (temporary contract or involuntary unemployment), you can retain your worker status for another 6 months. You must register as a job seeker with a public employment and vocational training service (VDAB, Actiris, Forem);
- If you are starting a vocational training course (no connection with previous professional activities required, except in cases of voluntary unemployment).
Can I work as a cross-border worker?
Yes.
A cross-border worker is someone who lives in one of Belgium’s neighbouring countries (the Netherlands, France, Germany or Luxembourg) but comes to work in Belgium for a Belgian employer.
You do not require a work permit or single permit. Naturally, you will need to be able to present/obtain a valid residence permit in the neighbouring country where you live.
You must declare your presence in Belgium to the local municipality in which you will be working. Go to the local municipal authority where you are working in Belgium with a photo, ID documents and your employment contract, which states that you are working in Belgium as a cross-border worker, to obtain an Annex 15. This will be sent to you directly.
Do you live in a country bordering Belgium, work as a cross-border worker in Belgium and want to move to Belgium? Then you will need to follow the above procedure for EU nationals staying for more than 3 months, i.e. registering with the municipality where you will be living in Belgium as a worker. When you register, you will need to present your employment contract, along with other documents.
Click here for more information on cross-border working from the Netherlands, Germany and Luxembourg.