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BELGIUM – Further Measures to Mitigate Single Permit Processing Delays

The Belgian authorities have taken further steps to decrease application processing times for the single permit, and to avoid lapses in work authorisation due to the slower processing of the residence authorisation.

Measures

Foreign employees for whom an extension (renewal) application is submitted can now continue to work as soon as the work authorisation approval decision is issued by the regional employment authority.

These applicants will now receive a provisional right of residence (Annex 49) pending the decision of the Federal Immigration Office regarding their stay, whereas previously they ended up in uncertainty and had to temporarily stop working.

This measure was put in place in June 2019 by the Flanders region only, but now applies in all three Belgian regions.

Moreover, funds have been made available to recruit twenty extra staff members at the Federal Immigration Office and an adjustment has been made to the procedure, which is expected to allow faster processing times.

Background

In January 2019, the Belgian authorities introduced the Single Permit, combining work and residence authorisation requests into a single application, implementing the Single Permit Directive (2011/98/EU).

However, processing of Single Permits is taking several months, and there has been a lack of clarity about when applicants can start or continue to work in Belgium. This has especially caused problems for those holding existing work permits under the previous system, whose immigration status expires or who change employers during processing of the Single Permit.

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

This alert was prepared with information provided by Expat Management Group.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2019 Peregrine Immigration Management Ltd.