A new right for graduates in Belgium

Since 15 August 2021, a major legislative amendment allows non-European students who graduated in Belgium to extend their stay for one year after their studies in order to:

• Find employment as a salaried worker
• Launch a self-employed activity (freelance or company)

This reform stems from the law of 11 July 2021, which transposes European Directive 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of higher education, research or training.

Good to know Even students who came to Belgium as part of a mobility programme (e.g. Erasmus) can benefit from this right, provided they have obtained their degree.

A change from the former practice

Before 2021, foreign students wishing to remain in Belgium after their studies had to submit a humanitarian regularization application, subject to the discretionary assessment of the Immigration Office.

Today, Article 61/1/9 of the law of 15 December 1980 formally governs this new possibility, with clear and objective criteria.

Submitting a stay extension application

Duration and access to the labour market

A single 12-month extension may be granted. During this period, you have unlimited access to the labour market, pending the obtainment of:

• a single permit (salaried worker)
• or a professional card (self-employed)

Deadline for submitting the application

• No more than 15 days before the expiry of your student residence permit
• For Erasmus students: within 3 months of obtaining the degree

Some municipalities accept applications electronically, while others require an in-person appointment. Plan your application ahead of time.

What documents are required?

You must include the following with your application:

• Valid passport
• Health insurance certificate
• Proof of sufficient resources (same criteria as for the student stay)
• Degree at level 5 or above (associate degree, bachelor’s, master’s)
• Proof of stay in Belgium (if the degree was obtained abroad as part of a mobility programme)

Good to know No administrative fee is required, unlike other applications for a change of status.

What if your degree is issued late?

In practice, degrees are sometimes issued after the residence permit has expired. If the application is submitted late or is incomplete, it may be declared inadmissible (Article 61/1/11).

However, Article 61/1/10 provides for an additional 15-day period to submit any missing documents if the Immigration Office notifies you.

Processing time and Annex 15

The Immigration Office has 3 months to issue its decision.

In the meantime, if your residence permit expires, you will receive an Annex 15, which authorises you to:

• Remain legally in Belgium
• Work freely
• Submit an application for a single permit or professional card

Please note The validity period of the Annex 15 is deducted from your 12-month extension.

What conditions must be met during the 12-month extension?

During this transitional year, you must:

• Actively seek employment that would allow a single permit application
• Or prepare a self-employed activity and submit a professional card application

Processing times can be lengthy:

• Up to 4 months for a single permit
• Approximately 6 to 12 months for a professional card

It is therefore recommended to begin the process no later than 7 months after the start of the extension.

Possible withdrawal of the right to stay

The Immigration Office may withdraw your right to stay if:

• You fail to demonstrate employment or self-employment prospects 3 months after obtaining the permit
• You no longer have sufficient resources
• You pose a threat to public order, national security or public health

Summary

• You can extend your stay after your studies in Belgium for a period of 12 months
• This period allows you to work freely or launch an entrepreneurial project
• Your application must be submitted within the prescribed deadlines, with all required supporting documents
• This right is granted only once, with no possibility of renewal
• The Immigration Office may carry out checks during the stay period