expats registering in municipality and applying for residence ......2017/03/31 · at the migration...

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Expats – Registering in municipality

and applying for residence permit Version 31st of March 2017

1. General

Who is an expat?

The Expats counter is only meant for people who do not have the Belgian nationality

who are establishing their main residence in the City of Ghent (irrespective of their place of work) and

who qualify as a migrant worker under the residence legislation (these are non-Belgians whose right of residence is directly based on employment or economic activity in Belgium1) and

who reside temporarily in Belgium and work as a

Knowledge worker (researcher, visiting professor, certain intern, highly skilled staff member, managerial role etc.)

Top athlete or their mentor Stage artist or their mentor

The Expats counter for the moment only handles residence applications from family members of an

expat if that family member

has a D Visa for family reunification (not necessary for family member who is an EU-national,

European Economic Area national or is a Swiss national)2

applies jointly with the expat

has a current main residence in Ghent

can supply the documents required in the online application

2. Registration of arrival in the municipality

Expats must contact the administration office of the municipality in which they are to reside as soon as

possible upon arrival in Belgium. Expats must request a residence or registration document. To be able

to obtain this document, their registration in the municipality must first be completed.

The Department of Civil Affairs - Migration counter, has two different counters through which expats

can request a residence or registration document:

o The Expats counter at the Migration counter: A contact person of the expat (employer, payroll service or relocation office) can submit an

initial3 residence application through the e-mail address [email protected]

(or [email protected]).

1 This excludes non-Belgians who pursue an economic activity but whose right of residence is based on another

immigration reason: Asylum

Family reunification Studies (including for doctoral or pre-doctoral studies): the residence legislation regards post-

doctoral researchers as migrant workers and not as students. Non-Belgians who come to Belgium for doctoral studies or research under a hosting agreement are also regarded as migrant workers under the residence legislation.

Certain interns: the residence legislation regards interns as migrant workers if the internship in Belgium forms part of studies undertaken abroad the internship forms the continuation of previous education/training undertaken in Belgium or

abroad 2 The term EU-national refers to a person having the nationality of a member state of the European Union. The

term European Economic Area national assumes that the person has the nationality of a member state of the European Economic Area. It concerns nationals from the following states: Bulgaria, Greek-Cyprus, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Czech Republic, United Kingdom and Sweden. Swiss nationals are not considered as EU-citizen or citizen of the European Economic Area, but the same residence status is applicable.

3 At the moment, the Expats counter does not handle applications for residence permit renewals.

mailto:[email protected]

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The Expats counter facilitates residence applications through

online registration, which eliminates the need for a first visit to the counter to start off

the registration procedure

expedited back-office processing of the registration procedure (depending on the nature

of the residence application)

expedited address check through the police

flexible appointments at the counter to deliver a residence or registration document

Streamlined communication through a single point-of-contact, two-way communication

for the entire procedure and general information on expats’ residence status

• The Expats counter as a single point-of-contact within the Migration counter

• employer or relocation office or payroll service as a single point-of-contact for the

Expats counter

o The general counter at the Migration counter:

At this counter, expats can start the residence procedure themselves by visiting the counter in

person. In principle, this is by appointment only.

There are three ways in which appointments can be made with the Migration counter in the

Administratief Centrum Zuid [central administration office]:

By telephoning the Migration counter: +32 (0)9 266 71 50. This number is attended every day of the week from 9AM to 12:30PM and from 2PM to 4PM.

By sending an e-mail: [email protected]

At the reception of the Migration counter, block B, Administratief Centrum Zuid, on Mondays, Wednesdays and Fridays from 9AM to 12:30PM and from 2PM to 4PM, Tuesdays from 9AM to 12:30PM and from 2PM to 7PM (closed on Thursdays and Saturdays).

Expats can choose how to register, but once the choice is made, it is final.

2.1 Procedure for third-country nationals4

2.1.1. Procedure for short stay (max. 90 days) – Declaration of Arrival (Annex 3)

For whom?

Third-country nationals who come to Belgium to work for a maximum of 90 days5 (from the date of arrival in

the Schengen Zone).

Please bear in mind!

In some situations a type-B work card (and work permit) or professional card is required for short term

work. For more information: www.werk.be/en/home

This is also an option for holders of a type-D visa who do not wish to stay for more than 90 days6.

This is not necessary for expats who stay at a hotel. In this case, the stay is registered through the hotel.


This residence procedure does not lead to registration in a Belgian municipality. Therefore, the expat does not register as having a main residence (domicile) in Ghent. This can pose a problem with

starting other administrative procedures.

4 The term ‘third-country national’ refers to a person who does not have the nationality of a European Union

Member State (= Bulgaria, Greek-Cyprus, Denmark, Germany, Estonia, Finland, France, Great Britain, Hungary, Ireland, Italy, Greece, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden) or of a country within the European Economic Area (= Iceland, Liechtenstein and Norway). Swiss nationals benefit from a special residence status so they are regarded as citizens of the European Union for these purposes (see residence procedure for citizens of the European Union). 5 The condition is that this maximum of 90 days is not overstayed within each period of 180 days preceding

each new day of the stay. 6 These expats must sign a standard declaration at the counter to the effect that they do not wish to make use

of that type-D visa.

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How to apply

The expat’s contact person sends an e-mail to [email protected] (or [email protected])

within 3 working days of the expat’s arrival in Belgium. This registration e-mail must include the following

details:

subject: annex 3 expat’s name and surname expat’s nationality full and correct address of the expat’s residence in Ghent duration of the work in Belgium scan of required documents

o valid travel document o valid visa (only for third-country nationals who require a visa) or residence permit of a

country within the Schengen zone (valid for the entire period of the stay in Belgium)

The expat is then given an appointment by e-mail through his/her contact person to present the necessary

documents to the Migration counter at Administratief Centrum Zuid or a service centre to collect his/her

residence document (declaration of arrival).

The expat’s address of residence determines whether it is the Migration counter at Administratief Centrum Zuid

or a service centre that processes the application.

What to bring

valid travel document valid visa (only for third-country nationals who require a visa) or residence permit of a country within the

Schengen zone (valid for the entire period of the stay in Belgium) full and correct residence address in Ghent 13 euros (charge for the residence document) 3 recent and identical passport photos which meet the following criteria

- passport photo must be a maximum of 6 months old - person on the photo must clearly be the same person as the person for whom the residence permit is intended

- person must have a neutral expression (mouth closed, no smile or laugh, no frown) - person’s eyes must be open and clearly visible (no hair in front of the eyes, no tinted glasses, no frames partly obscuring the eyes)

- photo must be clean and original (no folds or spots) - face must be clearly visible (no dark glasses, no headgear etc.) except for medical or religious reasons.

- face must take up 70-80% of the photo - photo must have a light and even background with sufficient contrast, with no background shadows, and with the face in the middle of the photo

- There must be good lighting to all parts of the face (no reflections on lenses)

There is a photo booth at the Department of Civil Affairs (Administratief Centrum Zuid) at the Population counter (ground floor, block A). For 5 euros (payment by card, notes or coins), the photo booth produces 6 passport photos. A receipt is printed out. The booth checks before printing whether the photo meets the legal requirements. If the photo does not meet the requirements, it can be repeated up to 9 more times (at no extra charge). If the expat nevertheless prints out an invalid photo, it comes out with a red frame and an indication as to why the photo does not meet the legal requirements. There are sample photos on the booth which show the requirements that the passport photo must meet. The photo booth is not suitable for passport photos of children under 3 years.

What does the expat receive?

A Declaration of Arrival (annex 3) with a maximum validity of 90 days from the date of arrival in the Schengen

Zone. The expat receives this document on the spot at the counter.


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Annex 3 may not in principle be extended. An expat who would like to stay for longer may apply for a long stay

via a change of status.

Price

13 euros (charge for the residence document)

No further administrative fee needs to be paid for this residence application.

At the Migration counter at Administratief Centrum Zuid and in the service centres, payments can be made by

cash or debit card (Bancontact).

2.1.2. Procedure for long stay (more than 90 days)

2.1.2.1. Type-D visa A decision as to the type-B work card and work permit (or waiver thereof) or professional card (or waiver thereof) is a pre-requisite for applying for a long-stay type-D visa for migrant workers. For more information: www.werk.be/en/home Such a type-D visa considerably expedites the obligatory formalities upon arrival in Belgium:

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The professional card, work permit and type-B work card no longer need to be applied for. The residence procedure is also expedited and provides more security: if a type-D visa is granted, the

right of residence is ensured as it is granted along with the visa. The expat concerned needs only to go through the procedure for registration in the foreigners’ register and issue of a residence permit (A

card).

It is therefore highly recommended that the type-B work card (and work permit) or professional card and type-

D visa be applied for prior to the employee/self-employed person’s arrival to Belgium so that the

employee/self-employed person can travel to Belgium as a migrant worker with a type-D visa.

For whom?

Third-country nationals who come to Belgium to work for a long period of time (more than 90 days). These expats must register at the municipal administration office. Expats who have a type-D visa but do not wish to stay for longer than 90 days, can also opt for the short-stay registration procedure. They will receive a declaration of arrival (annex 3)7.


Expats who only have a short-stay permit upon arrival in Belgium (type-C visa or visa waiver) may not use this procedure. They may apply for a longer stay through a change of status. (See 2.1.2.2)

How to apply

Applying for a type-D visa

The expat must in principle apply for a type-D visa prior to his/her arrival in Belgium through the competent8

Belgian consulate abroad.

You can find more information at https://dofi.ibz.be/sites/dvzoe/EN/Application-guides/Pages/working.aspx


There are different types of type-D visas: visas for migrant workers have the codes B12, B13,

B14, B15, B19 or B29.

Example of type-D visa

type-D visa = type D appears in the orange field validity of visa = date appears in the yellow field

7 These expats must sign a standard declaration at the counter to the effect that they do not wish to make use

of that type-D visa.

8 To find the applicable Belgian consulate, see:

http://diplomatie.belgium.be/en/services/embassies_and_consulates

http://www.diplomatie.belgium.be/nl/Diensten/Ambassades_en_consulaten

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visa number = number appears in the red field place of issue = town appears in the purple field

date of issue = date appears in the green field passport number = number appears in the blue field visa code = letter + number appears in the black field


A type-D visa is also required for expats who have a visa waiver for short stays (up to 90 days).

E.g. expats with the Canadian or American nationality.

The expat may travel to Belgium once the type-D visa has been delivered through the applicable Belgian

consulate abroad.

Applying online


within 8 working days of the expat’s arrival in Belgium. This registration e-mail (only 1 person to be registered

per e-mail except in the case of a family) must contain the following details:

expat’s name and surname

expat’s nationality country and town in which the expat was residing prior to arrival in Belgium date of arrival in Belgium full and correct residence address in Ghent times at which the expat is available/not available for an address check (and telephone number for

the local police officer) duration of the work in Belgium scan of required documents

o valid travel document o valid type-D visa o type-B work card (or waiver thereof) or professional card (or waiver thereof) o proof of employment (an employer’s declaration or hosting agreement)

The expat does not need to present himself at the Migration counter (Administratief Centrum Zuid) or the

service centre for the time being.


It is essential to arrange sufficiently long-term accommodation beforehand! The registration procedure should preferably be postponed if accommodation for at least 2 months has not yet been arranged.

Continuation of the registration procedure The Expats counter or the service centre (depending on the expat’s address) commences the following steps:

If necessary, the expat’s contact person is asked for the missing documents.

The expat’s contact person receives a confirmation e-mail of the application once the dossier has been commenced (once it has been verified that the application is indeed about an expat with a residence in Ghent)

The police checks the expat’s address for such things as whether the expat is able to sleep and eat

there. Please bear in mind!

To ensure that the address check process runs smoothly, the following should be observed: o the expat’s name and surname should be added to the doorbell and letterbox. o the registration e-mail should state a telephone number in Belgium on which the police

can contact the expat o the registration e-mail should clearly state when the police can definitely or definitely not

find the expat at home (it is not possible to verify an address by appointment) o the expat should not move during the address verification procedure o the expat should not take a trip abroad during the address verification procedure o the expat should check whether the police has left the address verification card below in

the letterbox (in such a case the police station stated on the card (upper right corner) should be contacted immediately)


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This address check is completed on average within 5 weeks after the registration process has

commenced. The local police officer in charge can be found through

www.lokalepolitie.be/5415/contact/je-wijk.

Once there has been a positive address check, registration in the foreigners’ register follows. If the

result of the address check is negative, the application for registration is denied. The expat’s

contact person is informed by e-mail in the case of a negative address check.

The expat receives a temporary residence document (annex 15) by post with a validity of 45 days (renewable twice by 45 days each time).

http://www.lokalepolitie.be/5415/contact/je-wijk

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If necessary, a national register number is applied for through the national registrar’s services.

As soon as the application is fully processed, the Expats counter or the service centre gives the expat an

appointment by e-mail (addressed to the expat’s contact person) to complete the application and request an

electronic residence permit (A card).


In order for the process to run smoothly, the expat must strictly adhere to the time and date of the appointment. Appointments take around 40 minutes.

The electronic residence permit (A card) is manufactured by a private company. That company sends the

pin/puk9 codes—which are required for activating the A card—by post to the expat’s address. Expats must

ensure that they receive these codes (for example by arranging, in case of a change of address, for mail to be

forwarded by B-Post to the new address).

9 The puk code (Personal Unblocking Key) and pin code (Personal Identification Number) are numerical codes

which the municipal administration office must enter to validate the residence permit.

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At the same time as it sends the codes, the company delivers the A card to the Migration counter or the service

centre. The delivery time for this is at least 2-3 weeks10. To cover this waiting time, the expat receives a new

temporary residence document (annex 15).

As soon as the expat has received the pin/puk codes, the A card can be collected. The A card can only be

collected at the place where it was applied for. At the Migration counter, expats can collect their A cards at the

fast-track counter (with no appointment on Mondays, Wednesdays and Fridays from 9AM to 12:30PM and from

2PM to 4PM, Tuesdays from 9AM to 12:30PM and from 2PM to 7PM (Thursdays closed) and on Saturdays by

appointment only)).

What to bring

For the A card application

The expat must appear in person with the following original documents: valid travel document valid type-D visa type-B work card (or waiver thereof) or professional card (or waiver thereof) proof of employment (an employer’s declaration or hosting agreement) if applicable, foreign driver’s licence if applicable, certified translation of birth certificate with legalisation or apostille (if required) …


The personal invitation e-mail always states which documents are necessary, as this can vary by dossier. It is therefore very important to properly consult this list.

personal invitation e-mail 25 euros (charge for the A card) 3 recent and identical passport photos


Since February 2014, biometric A cards are in use. This means that: o Digital fingerprints are taken o A digital signature is placed on the card o The passport photos must meet the following criteria:

General:

Measurements: 35 mm x 45 mm Photo less than 6 months old Only one person appears on the photo

Photographic:

person on the photo must clearly be the same person as the person for whom the residence permit is intended

person must have a neutral expression (mouth closed, no smile or laugh, no frown) person’s eyes must be open and clearly visible (no hair in front of the eyes, no tinted glasses, no

frames partly obscuring the eyes) photo must be clean and original (no folds or spots) face must be clearly visible (no dark glasses, no headgear etc.) except for medical or religious

reasons, although the eyes, chin and shape of the head must remain clearly visible face must take up 70-80% of the photo photo has a light and even background with sufficient contrast, with no background shadows, and

with the face in the middle of the photo good lighting to all parts of the face (no reflections on lenses) No red eyes

There is a photo booth at the Department of Civil Affairs (Administratief Centrum Zuid) at the Population counter (ground floor, block A). For 5 euros (payment by card, notes or coins), the photo booth produces 6 passport photos. A receipt is printed out. The booth checks before printing whether the photo meets the legal requirements. If the photo does not meet the requirements, it can be repeated up to 9 more times (at no extra charge). If the expat nevertheless prints out an invalid

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There is a fast-track procedure (90 euros) which brings this delivery time down to 2-3 working days. In such

a case, the pin and puk codes do not need to be sent by post to the expat. The company that manufactures the residence permit delivers both codes with the residence permit to the service centre or Migration counter in Administratief Centrum Zuid, depending on where the residence permit was applied for. The expat is then invited to pick up the residence permit along with the codes.

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photo, it comes out with a red frame and an indication as to why the photo does not meet the legal requirements. There are sample photos on the booth which show the requirements that the passport photo must meet. The photo booth is not suitable for passport photos of children under 3 years.

Collecting the A card

The expat must appear in person with the following original documents: invitation letter to collect the A card proof of payment for the A card temporary residence document provided (annex 15) required pin/puk codes


Since February 2014, biometric A cards are in use. This means that new fingerprints must be taken upon collection of the A card to ensure that the person who collects the A card is the same person as the one who applied for it.


The expat receives an electronic residence permit (A card).

This document is valid for the entire duration of the economic activity in Belgium, plus, where applicable, a short additional period. The A card can be renewed if the expat continues to meet the criteria for residence. If the expat wishes to apply for a new A card, this can be done at the earliest 45 days and at the latest 30 days prior to the end of the validity of the current A card.


Any change of address must immediately be notified by the expat to the Migration counter or service centre (even if the residence permit is still valid). If this does not occur, the municipal administration office is obliged to remove the expat from the foreigners’ register. This removal renders the residence permit void and may even lead to loss of the right of residence. In such a case, the expat must apply to be registered again and the process for this application can take some time. The expat does not immediately receive a new residence permit.

Price 25 euros (charge for the A card) At the Migration counter at Administratief Centrum Zuid and in the service centres, payments can be made in cash or debit card (Bancontact).

Pursuant to a decision by the federal government, an additional administrative fee must also be paid for this residence application from 2 March 2015 (except if a waiver applies). This amount must be paid prior to submitting the application for a D-visa to the applicable Belgian consulate abroad. The administrative fee for this residence application therefore no longer needs to be paid upon registration at the municipal administration office after arrival in Belgium.

2.1.2.2. Change of status

For whom?

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Expats who have a short-stay (type-C visa or visa waiver) or another long-stay (e.g. student A card) permit for Belgium may apply to extend their stay as a migrant worker through a change of status.


This change of status is not recommended as an alternative for applying for a type-D visa because:

strict admission criteria apply for this type of application, for example a negative address check can lead to the application being rejected

there is no statutory deadline for decisions on this type of application, meaning that it can take a long time for a decision to be taken

the Immigration Office in Brussels has broad decision-making powers, meaning that there is no guarantee of a positive decision.

How to apply

It is important to note that change of status applications are only accepted if the expat supplies the application and all documents required during the validity of his/her right of residence. As a result, it is best that the expat contact the Migration counter in Administratief Centrum Zuid or a service centre as quickly as possible. The expat’s address of residence determines whether it is the Migration counter at Administratief Centrum Zuid or a service centre that processes the application. In cases of urgency, it is not necessary to make an appointment. There are three ways to contact the Migration counter:

By phone: +32 (0)9 266 71 50. This number is attended every day of the week from 9AM to 12:30PM and from 2PM to 4PM.

By sending an e-mail: [email protected] (or [email protected]) At the reception of the Migration counter, block B, Administratief Centrum Zuid, on Mondays,

Wednesdays and Fridays from 9AM to 12:30PM and from 2PM to 4PM, Tuesdays from 9AM to 12:30PM and from 2PM to 7PM (closed on Thursdays and Saturdays).

What to bring

valid travel document valid visa (only for third-country nationals who require a visa) or residence permit of Belgium or a

country within the Schengen zone (valid for the entire period of the stay in Belgium)

type-B work card (or waiver thereof) or professional card (or waiver thereof) extract from the criminal record system of the expat’s last place of residence which is a maximum of 6

months old at the time of the residence application along with, where applicable, the correct legalisation/apostille

standard medical certificate proof of payment of the administrative fee for the residence application (if paid as a bank transfer,

bring the bank statement or the transfer slip stamped by the post office). See the explanation under Price below.

where applicable, an application letter (reference to Article 9, 2 Residence Act + Article 25/2 Royal Decree on Immigration)

Any missing documents must be stated in the application letter and explained. The change of status application can be submitted but the Immigration Office will only make a decision once the dossier is complete.


Expats who do not yet have a Declaration of Arrival (annex 3) at the time of applying for a change of status will receive the Declaration of Arrival at that time. This is on condition that they are able to submit all the documents required:

valid travel document valid visa (only for third-country nationals who require a visa) or residence permit of a

country within the Schengen zone (valid for the entire period of the stay in Belgium) full and correct residence address in Ghent 13 euros (charge for the residence document) 3 recent and identical passport photos which meet the following criteria

- passport photo must be a maximum of 6 months old - person on the photo must clearly be the same person as the person for whom the residence permit is intended

- person must have a neutral expression (mouth closed, no smile or laugh, no frown)

- person’s eyes must be open and clearly visible (no hair in front of the eyes, no tinted glasses, no frames partly obscuring the eyes)

- photo must be clean and original (no folds or spots)



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- face must be clearly visible (no dark glasses, no headgear etc.) except for medical or religious reasons.

- face must take up 70-80% of the photo - photo must have a light and even background with sufficient contrast, with no

background shadows, and with the face in the middle of the photo - There must be good lighting to all parts of the face (no reflections on lenses)


What does the expat receive? At the time of submitting the application the expat receives, if applicable, a Declaration of Arrival (annex 3) with a maximum validity that equals the short-stay permit’s period of validity. If all of the conditions for admission are met (including payment of the administrative fee for the residence application) and a positive address check has taken place, the expat receives a receipt. This is not a residence permit. If the administrative fee is not paid before the residence application, the residence application is declared inadmissible. The expat receives an annex 42. If too little has been paid, the municipal administration office asks for the remainder to be paid by issuing an annex 43. The expat must pay the remainder within 30 days of notification of this annex 43. If the expat provides a proof of payment of the remainder within this period of time, the municipal administration office declares the application admissible. If the expat does not provide proof of payment of the remainder within this period of time, the municipal administration office declares the application inadmissible using annex 42.


The federal Immigration Office does not in principle refund partial amounts paid. The expat can however try to obtain a refund by sending an application form with documented proof of the payment to [email protected]. This form can be found on the website of the federal Immigration Office: www.dofi.ibz.be/sites/dvzoe/NL/nieuws/Pages/De_bijdrage Please bear in mind!

If a decision has not yet been made as to the change of status applied for when the validity of the declaration of arrival expires, it is no longer legal to stay in Belgium. Mere submission of a change of status application does not ensue in a temporary right to stay pending a decision.

In the case of a positive decision, the expat receives an electronic residence permit (A card).

This document is valid for the duration of the economic activity in Belgium, plus, where applicable, a short additional period. The A card can be renewed if the expat continues to meet the residence criteria. If the expat wishes to apply for a new A card, this can be done at the earliest 45 days and at the latest 30 days prior to the end of the validity of the current A card.


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Any change of address must immediately be notified by the expat to the Migration counter or service centre (even if the residence permit is still valid). If this does not occur, the municipality must remove the expat from the foreigners’ register. This removal renders the residence permit void and may even lead to loss of the right of residence. In such a case, the expat must apply to be registered again and the process for this application can take some time. The expat does not immediately receive a new residence permit.

Price 25 euros (charge for the A card) At the Migration counter at Administratief Centrum Zuid and in the service centres, payments can be made in

cash or debit card (Bancontact).

Pursuant to a decision by the federal government, an additional administrative fee must also be paid for this residence application from 2 March 2015 (except if a waiver applies). This fee is 350 euros for expats although there are some exceptions and waivers (see: https://dofi.ibz.be/sites/dvzoe/EN/news/Pages/Contributioncoveringadministrativecostsofanapplication.aspx This amount must already be paid in full at the time of submission of this residence application at the municipal administration office. The payment must be made in the following way:

The exact amount of the contribution must be paid into the following bank account in euros: IBAN BE57 6792 0060 9235 BIC PCHQBEBB Bank BPOST NV, Muntcentrum (zonder nr.), 1000 Brussel Begunstigde Dienst Vreemdelingenzaken, Antwerpsesteenweg 59B, 1000 Brussel Please bear in mind!

This payment may therefore not be made at the Migration counter in Administratief Centrum Zuid or in a service centre.

The following reference must be used for the bank transfer: Surname, name, date of birth and nationality of the applicant: Surname Name Nationality DDMMYYYY e.g. FISCH Elena Marokko 28021981 Please bear in mind!

If there is not enough space for all the characters for the information required, the surname, name and date of birth should take precedence in the reference.

Anyone (i.e. even a third party) may make this payment.

2.1.2.3. Other residence procedures for expats

There are other procedures for obtaining expat status (e.g. in the case of exceptional circumstances (Article

9bis of the Residence Act), European Blue Card, long-term resident status, frontier worker etc.). More information on these matters can be obtained at the Department of Civil Affairs - Migration Information point or Expats counter.

2.1.2.4 Notification of permanent departure abroad An expat who permanently moves abroad must notify the municipal administration office of his departure within 8 working days of the date of departure. The residence permit must also be returned and cancelled. This notification can be submitted through the Declaration of Departure form.

This departure form, fully completed and signed, can be dropped off with the residence permit to the Migration counter at Administratief Centrum Zuid or a service centre.


It is best to return the residence permit once all the matters for which the permit is necessary have

been completed (e.g. bank transactions).

The expat receives a receipt at the counter (model 8 - proof of removal from the national register) and annex 37 (certificate of removal) and a copy of the residence permit that has been returned.

https://dofi.ibz.be/sites/dvzoe/EN/news/Pages/Contributioncoveringadministrativecostsofanapplication.aspx

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The persons concerned must in principle appear for this purpose in person with a passport photo. However, in the case of expats, a special power of attorney can also be accepted: the employer or relocation office may appear on behalf of the expat (with the expat’s residence permit and passport photo) to pick up the annex 37 and model 8.


The reason for this is that the expat must prove that he was residing in Belgium legally once he/she reaches the borders of the Schengen Zone. Model 8 and annex 37 are insufficient proof of the expat’s legal residence, and the expat may risk a fine and a notification of illegal residence. For this reason, the expat must keep a copy of his residence document along with the model 8 and annex 37.

If the declaration of departure is submitted by letter or e-mail, the proof of submission is sent to the foreign address stated in the Declaration of Departure form. The annex 37 or the copy of the residence document returned cannot be sent.


This removal from the national register can sometimes be very important:

for expats from the Netherlands for example, because Dutch municipalities often ask for the model 8 as proof that their name has been removed in order to re-register in a Dutch municipality

sometimes the model 8 (proof of removal from the national register) is necessary to arrange certain customs formalities for the export of goods at departure from the airport

2.2 Procedure for EU nationals11, EEA nationals12 and Swiss nationals

Citizens of the European Union, EEA nationals and Swiss nationals do not require a visa. They do, however, need to have an ID card, passport or other document that grants them the right of free movement. They are also in principle obliged to register at the municipal administration office of their place of residence.

2.2.1. Procedure for short stay (max. 3 months) - Notification of Arrival (annex 3ter)

For whom?

European Union nationals, nationals of a state within the European Economic Area and Swiss nationals who come to Belgium to work and reside for a maximum of 3 months (from the date of entry into Belgium). This is not necessary for expats who stay at a hotel. In this case, the stay is registered through the hotel.


This residence procedure does not lead to registration in a Belgian municipality. Therefore, the expat does not register as having a main residence (domicile) in Ghent. This can pose a problem with starting other administrative procedures.

How to apply


within 10 working days of the expat’s arrival in Belgium. This registration e-mail must include the following

details:

subject: annex 3ter expat’s name and surname expat’s nationality full and correct address of the expat’s residence in Ghent arrival date and duration of stay in Belgium scan of required documents (ID card, passport or other document that grants them the right of free

movement)

11

The term ‘EU national’ refers to a person who is a national of a country that is a Member of the European

Union (= Bulgaria, Greek-Cyprus, Denmark, Germany, Estonia, Finland, France, Great Britain, Hungary, Ireland, Italy, Greece, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden). 12

The term ‘EEA national’ refers to a person who is a national of a country within the European Economic Area

(= Iceland, Liechtenstein and Norway) or of a Member State of the European Union (= Bulgaria, Greek-Cyprus, Denmark, Germany, Estonia, Finland, France, Great Britain, Hungary, Ireland, Italy, Greece, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden).


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The expat is then given an appointment by e-mail through his/her contact person to present the necessary

documents to the Migration counter at Administratief Centrum Zuid or a service centre to collect his/her

registration document (annex 3ter).

The expat’s address of residence determines whether it is the Migration counter at Administratief Centrum Zuid

or a service centre that processes the application.

What to bring

entry document (ID card, passport or other document that grants the right of free movement) full and correct residence address in Ghent


No passport photos are required What does the expat receive? A registration document (annex 3ter), valid for a maximum of 3 months. The expat receives this document on the spot at the counter.

The Notification of Arrival (annex 3ter) cannot be extended. A new Notification of Arrival can be issued for another 3 months if at least one day has passed since the end date of the previous Notification of Arrival.

Price Free of charge

2.2.2. Procedure for long stay (more than 3 months) – E card or annex 8

For whom? Citizens of the European Union, nationals of a state within the European Economic Area and Swiss nationals who come to Belgium to work for a long period of time (more than 3 months).

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How to apply Applying online

These expats do not require a visa to enter Belgium.


within 3 months of the expat’s arrival in Belgium.


Because the registration procedure requires some time, and an electronic registration document (E

card) cannot be delivered immediately, it is best to start this process as soon as possible.

This registration e-mail (only 1 person to be registered per e-mail except in the case of a family) must contain

the following details:

expat’s name and surname expat’s nationality country and town in which the expat was residing prior to arrival in Belgium date of arrival in Belgium full and correct address of the expat’s residence in Ghent times at which the expat is available/not available for an address check (and telephone number for

the local police officer) duration of the work in Belgium scan of required documents

o valid entry document (ID card, passport or other document that grants the right of free movement)

o proof of employment (an employer’s declaration or hosting agreement)

The expat does not need to present himself at the Migration counter (Administratief Centrum Zuid) or the

service centre for the time being.


It is essential to arrange sufficiently long-term accommodation beforehand! The registration procedure should preferably be postponed if accommodation for at least 2 months has not yet been arranged.

Continuation of the registration procedure The Expats counter or the service centre (depending on the expat’s address) commences the following steps:

If necessary, the expat’s contact person is asked for the missing documents.

The expat’s contact person receives a confirmation e-mail of the application once the dossier has been commenced (once it has been verified that the application is indeed about an expat with a residence in Ghent)

The expat is immediately registered in a provisional register (wachtregister).

The police checks the expat’s address for such things as whether the expat is able to sleep and eat there.


To ensure that the address check process runs smoothly, the following should be observed: o the expat’s name and surname should be added to the doorbell and letterbox. o the registration e-mail should state a telephone number in Belgium on which the police

can contact the expat o the registration e-mail should clearly state when the police can definitely or definitely not

find the expat at home (it is not possible to verify an address by appointment) o the expat should not move during the address verification procedure o the expat should not take a trip abroad during the address verification procedure o the expat should check whether the police has left the address verification card below in

the letterbox (in such a case the police station stated on the card (right upper corner) should be contacted immediately)


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This address check is completed on average within 5 weeks after the registration process has

commenced. The local police officer in charge can be found through:

www.lokalepolitie.be/5415/contact/je-wijk.

Once there has been a positive address check, registration in the foreigners’ register follows. If the result of the address check is negative, the application for registration is denied. The expat’s contact person is informed by e-mail in the case of a negative address check.

If necessary, a national register number is applied for through the national registrar’s services.

As soon as the application is fully processed, the Expats counter or the service centre gives the expat an appointment by e-mail (addressed to the expat’s contact person) to complete the application and request a registration document (E card).


In order for the process to run smoothly, the expat must strictly adhere to the time and date of the appointment. Appointments take around 40 minutes.

The electronic registration document (E card) is manufactured by a private company. That company sends the

pin/puk13 codes—which are required for activating the E card—by post to the expat’s address. It is very

important for the expat to ensure he receives these codes (for example by arranging, in case of a change of

address, for mail to be forwarded by B-Post to the new address).

At the same time as it sends the codes, the company delivers the E card to the Migration counter or the service

centre.

The delivery time for this is at least 2-3 weeks14. In the meantime, the expat receives a paper version of the

registration document (annex 8). Annex 8 can sometimes be problematic for certain administrative procedures

(such as bank transactions), whereas these run smoothly with an E card.

As soon as the expat has received the pin/puk codes, the E card can be collected. The E card can only be

collected in the place where it was applied for. At the Migration counter, expats can collect their E cards at the

fast-track counter (with no appointment on Mondays, Wednesdays and Fridays from 9AM to 12:30PM and from

13

The puk code (Personal Unblocking Key) and pin code (Personal Identification Number) are numerical codes

which the municipal administration office must enter to validate the residence permit. 14

There is a fast-track procedure (90 euros) or a super fast-track procedure (140 euros) which brings this

delivery time down to 4 or 2 working days respectively. In such a case, the pin and puk codes do not need to be sent by post to the expat. The company that manufactures the E card delivers both codes along with the E card to the service centre or the Expats counter in Administratief Centrum Zuid, depending on where the E card was applied for. The person concerned is invited to pick up the E card there along with the codes.

http://www.lokalepolitie.be/5415/contact/je-wijk

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2PM to 4PM, Tuesdays from 9AM to 12:30PM and from 2PM to 7PM (Thursdays closed) and on Saturdays by

appointment only)).

What to bring

For E card application

The expat must appear in person with the following original documents: valid entry document (ID card, passport or other document that grants the right of free movement) proof of employment (an employer’s declaration - annex 19bis or employment contract or hosting

agreement) if applicable, foreign driver’s licence if applicable, certified translation of birth certificate with legalisation or apostille (if required) …


The personal invitation e-mail always states which documents are necessary, as this can vary by dossier. It is therefore very important to properly consult this list.

personal invitation e-mail EUR 23 (charge of E card) 4 recent and identical passport photos which meet the following criteria:

General:

Measurements: 35 mm x 45 mm Photo less than 6 months old Only one person appears on the photo

Photographic:

person on the photo must clearly be the same person as the person for whom the residence permit is intended

person must have a neutral expression (mouth closed, no smile or laugh, no frown) person’s eyes must be open and clearly visible (no hair in front of the eyes, no tinted glasses, no

frames partly obscuring the eyes) photo must be clean and original (no folds or spots) face must be clearly visible (no dark glasses, no headgear etc.) except for medical or religious

reasons, although the eyes, chin and shape of the head must remain clearly visible face must take up 70-80% of the photo photo has a light and even background with sufficient contrast, with no background shadows, and

with the face in the middle of the photo good lighting to all parts of the face (no reflections on lenses) No red eyes


Collecting the E card

The expat must appear in person with the following original documents: invitation letter for collecting the E card proof of payment for the E card paper version of the registration document provided (annex 8) required pin/puk codes


The expat receives an electronic registration document (E card).

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This document is valid for 5 years, on the condition that the expat continues to meet the criteria for residence. Please bear in mind!

Any change of address must immediately be notified by the expat to the Migration counter or service centre (even if the residence permit is still valid). If this does not occur, the municipality must remove the expat from the foreigners’ register. This removal renders the E card void and may even lead to loss of the right of residence. In such a case, the expat must apply to be registered again and the process for this application can take some time. The expat does not immediately receive a new E card.

The expat can always choose to only apply for the paper version (annex 8) of that electronic registration document (E card).

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Annex 8 does not include a passport photo. This can ensue in problems for certain other administrative procedures (such as bank transactions).

An expat who resides in Belgium legally for 5 years uninterruptedly can request a permanent15 residence right and an electronic document to prove his permanent stay (E+ card). The expat can always choose to only apply for the paper version (annex 8bis) of that document. Price EUR 23 (charge for E card). A paper version (annex 8) of that electronic registration document (E card) is free. No further administrative fee needs to be paid for this residence application. At the Migration counter at Administratief Centrum Zuid and in the service centres, payments can be made in cash or debit card (Bancontact).

2.2.2.1 Other residence procedures for expats

15 This permanent residence implies an unconditional permanent right to reside in Belgium: the right to stay is

no longer dependent on the continuation of the economic activity or the availability of sufficient means for

subsistence.

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There are other procedures for obtaining expat status (e.g. frontier workers, working in a neighbouring country etc.). More information on these matters can be obtained at the Department of Civil Affairs - Migration Information point or the Expats counter.

3. Declaration of loss, theft or destruction of residence document

In the event of loss, theft or destruction of a residence document, expats are obliged immediately to report this to the police (i.e. not to the Migration counter). The police provide a declaration of loss, theft or destruction (annex 12). In addition, the person concerned is recommended to arrange for the residence document to be blocked through Doc Stop (0800/2123.2123). Finally, the expat must apply for a duplicate of the residence document to be issued by the municipal administration office. The municipal administration office must first carry out a check on the data in the national register and on the passport photo. In principle, the duplicate has the same validity date as the original.

expats registering in municipality and applying for residence ......2017/03/31 · at the migration...

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