A long-awaited legal development

Until now, if you were already in Belgium for a purpose other than work (studies, family reunification, temporary protection…), you had to return to your country of origin to submit a single permit application.

Thanks to the law passed on 10 November 2022 by the Chamber of Representatives, this requirement has been lifted in several cases.

This reform falls within the framework of the following European directives:

• Directive 2011/98/EU on the single permit and minimum rights of foreign workers
• Directive 2021/1883/EU on the conditions of entry and residence of highly qualified workers

These texts require Member States to establish a single application procedure, which can be submitted either by you or by your employer, from your country of origin or from your country of residence, depending on national legislation.

What the new law concretely changes

The Belgian law of 15 December 1980 has been amended to extend access to the single permit application from within Belgium. This means that, under certain conditions, you can request a change of status without leaving the country.

You are already authorised to stay in Belgium for more than 90 days, but your initial reason for residence was not work (for example: studies, family reunification, humanitarian regularization…). You can now apply for a single permit from within Belgium if you meet the eligibility conditions.

Objective: to enable a change of residence status to an economic status

Who is affected by this change?

The law identifies several profiles of foreign nationals who can benefit from this new possibility:

1. You are authorised to reside in Belgium for more than 90 days

You may be eligible if:

• You received an individual residence authorisation from the minister or their delegate
• You were regularized on humanitarian grounds (e.g.: exceptional situation in your country of origin)
• You were regularized on medical grounds (e.g.: serious illness without adequate treatment in your country)
• You are a family member of a person already authorised to reside
• You were granted a de jure right to reside in Belgium

Example You are in Belgium through family reunification, but you separate from your partner. You can now submit your own single permit application without leaving the country.

2. You are a family member of a Belgian or European citizen

If you have a residence based on articles 40 and following of the law of 15 December 1980 (family members of a Belgian or EU citizen), and you wish to change status to become a worker, you can submit your application without leaving Belgium.

This can be useful if you decide to relinquish your family residence right to obtain a personal autonomous status.

3. You hold a special residence permit issued by the FPS Foreign Affairs

This mainly concerns privileged foreign nationals, such as diplomats. In principle, you cannot submit a single permit application from Belgium while you retain your D card (special identity card). However, if you renounce this privileged status, you can submit an application, provided that you:

• Officially return your special card
• Obtain a declaration of arrival from the municipality

Three practical situations targeted by the legislation

The parliamentary committee identified three concrete situations addressed by this reform:

• You are in Belgium through family reunification with a student from a third country, and you wish to start working
• You depend on your spouse for your residence and wish to obtain an independent status
• You hold a temporary status (such as the protection granted to Ukrainians) and wish to transition to economic migration

Good to know This reform does not authorise persons in irregular or precarious residence (pending procedure, appeal under review, etc.) to apply for a single permit from Belgium.

What are the limits of this reform?

Even though this new possibility broadens access to the single permit, certain clear limitations are set:

• You must be legally residing in Belgium
• Your temporary residence must not be uncertain or precarious
• You must not be subject to an ongoing procedure (e.g.: asylum application or appeal not yet decided)

The government wishes to send a clear signal: this measure does not create an indirect regularization pathway through work. It is aimed solely at persons already established in Belgium with stable residence.

What is the procedure to follow?

If you are eligible, you (or your employer) can submit a single permit application to the competent Region.

You will need to provide several documents, including:

• A valid identity document
• A clean criminal record extract
• A medical certificate

Exception provided The minister may not require certain documents, particularly if you have been residing in Belgium for more than 90 days. For example: it may not be relevant to request a medical certificate from a person already legally present for several months.

Key takeaways

• You can now apply for a single permit from within Belgium if you have been legally residing for more than 90 days and wish to change status
• This reform does not apply to persons in an irregular situation
• It aims to facilitate the transition to work for profiles already present: family members, students, beneficiaries of temporary statuses
• The procedure remains subject to all standard single permit conditions
• Certain documents may be required or waived depending on your situation