Family relationship with exempted category

The spouse and the children of a foreign national can obtain a work permit and employment permit if the foreign national concerned with whom a family relationship exists (as the spouse or child) is allowed to reside temporarily in Belgium on the basis of a specific residence status or on the basis of an exempted employment situation.

The duration of such an employment permit and work permit B will however still be limited to the duration of the stay of the foreign national concerned who creates the employment entitlement, up to a maximum of 12 months.

This is in respect of the spouse and children of:

  • Persons who are in possession of a special identity card as intended in Article 2, 4° of the RD of 9 June 1999;
  • The ministers of recognised religions as intended in Article 2, 6° of the RD;
  • The staff connected with the committees for military cemeteries who maintain the graves of foreign military personnel as intended in Article 2, 7° of the RD;
  • The executive staff and scientists in the service of a coordination centre as intended in Article 2,12° of the RD;
  • Those workers who are not nationals of a Member State of the European Economic Area and who are employed by a company located in a Member State of the European Economic Area who come to Belgium for the provision of services as intended in Article 2,14° of the RD;
  • Journalists residing in Belgium as intended in Article 2,15°;
  • The post-doctoral foreigners intended in Article 2, 6° of the RD;
  • The researchers who come to Belgium to do research at a recognised research institution in the context of a host agreement as intended in Article 2, 26° of the RD;
  • Foreign nationals who hold a European blue card issued by the Immigration Office [DVZ].

The spouse and children of the above-mentioned persons will be eligible for an employment permit and a work permit B if an employer who intends to employ them submits a compliant application for that purpose.

Pursuant to the circular of the Federal Minister of Labour and in application of European Directive 2004/38/EC, the (extended) concept of 'spouse' shall be assigned the same application as that which is stated in the residence legislation (Law of 15 December 1980, Article 10 §1).

Beware: the spouse and children of a long-term resident who is exempt from work permits, are not covered by this category - they are exempt from work permits by Article 2/1 of the RD (in addition to the exemption for long-term residents by Article 2,35° of the RD).

More info:

  • Family relationship with exempted category - How to Apply
  • Family relationship with exempted category - Legislation

Employees of foreign nationality

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