Work Permit C - Legislation

The following information, conditions and legislation were applicable for applies until December 31st, 2018 and thus is everything unusable from January 1st, 2019!
The new legislation, and the associated new conditions and documents, you can find it here: Naar werknemers buitenlandse nationaliteit (vanaf 2019)

 

 

Art. 3. The work permit belongs to one of the following categories:

3° the work permit C : the work permit for fixed duration and which applies for all professions exercised in gainful employment.

Art. 4.

§ 3 - If the employee is the holder of a work permit C, no employment permit is required in respect of the employer.

Work permit C loses any validity if the holder thereof loses his right of residence or his authorisation to stay.

Art. 17 - The work permit C will be granted:

1° a) to those foreign nationals who lodged an application for asylum after 31 May 2007 and who have still not been notified of the decision by the Commissioner General for Refugees and Stateless Persons four months after their asylum application until a decision is served by the latter, or, in the case of an appeal, until a decision is served by the Council for Aliens' Disputes;

b) to those foreign nationals who lodged an application for asylum before 1 June 2007, of which the application was declared admissible or on which no decision has yet been served with respect to its admissibility, until a decision is served on the merits of their application for recognition as a refugee by the Commissioner General for Refugees and Stateless Persons or, in the case of an appeal, by the Council for Aliens' Disputes;

to those foreign nationals who are recognised for subsidiary protection status during the period within which their residence is limited;

to the foreign nationals who, within the framework of the fight against human trafficking, have received a residence permit pursuant to Article 110-b of the Royal Decree of 8 October 1981 concerning access to the country, the residence, the location and expulsion of foreign nationals;

to those foreign nationals who were authorised to a stay in application of Article 9-c of the law of 15 December 1980, who are in possession of a certificate of registration in the aliens' register;

to those foreign nationals who were authorised to a stay in application of Article 9-bis of the law of 15 December 1980, insofar as the renewal of the residence permit is made dependent on employment, except in the case of foreign nationals who were granted a residence permit after an employer in Belgium had submitted an application for an employment permit for them;

to those foreign nationals who invoke the privilege of a right of residence on the basis of Article 10 of the law of 15 December 1980 or of a right to a residence permit on the basis of Article 10-bis of the same law, during the period of examination of the application for recognition of the right of residence as well as during the appeal to the Council for Aliens' Disputes, with the exception of:

  • family members of foreign nationals whose residence is limited to the duration of a work permit or a professional card or of the exercise of a self-employed activity,
  • family members of foreign nationals referred to in Article 2, 1st paragraph, 4° (unless they are nationals of a country that is bound to Belgium by an agreement of reciprocity), 6°, 7°, 12°, 14°, 15°, 25 and 34°,
  • family members of a student;

to those foreign nationals who have obtained a definitively favourable decision concerning a right of residence on the basis of Article 10 of the law of 15 December 1980 or with respect to a residence permit on the basis of Article 10-b of the aforementioned law, with the exception of:

  • family members of foreign nationals whose residence is limited to the duration of a work permit or a professional card or of the exercise of a self-employed activity,
  • family members of foreign nationals referred to in Article 2, 1st paragraph, 4° (unless they are nationals of a country that is bound to Belgium by an agreement of reciprocity), 6°, 7°, 12°, 14°, 15°, 25 and 34°,
  • family members of a student;

to the persons who have a right of residence to pursue studies in Belgium in an educational establishment in Belgium for jobs outside the school holidays, on condition that their employment does not exceed twenty hours per week and this is compatible with their studies;

to the spouse and the children under the age of eighteen of diplomats and consuls as well as the spouse of other holders of a special residence permit if they are nationals of a country with which Belgium is bound via a reciprocal agreement;

10° to those persons who were authorised to stay as beneficiaries of the temporary protection intended by Article 57/29 of the law of 15 December 1980 by the Minister responsible for access to the territory, the residence, location and expulsion of foreign nationals or by his authorised representative.

The work permit C is valid for foreign nationals who meet the conditions referred to in the first paragraph, but who are temporarily in possession of a document in accordance with the Appendix 15 of the Royal Decree of 8 October 1981 concerning access to the territory, the residence, location and expulsion of foreign nationals, because they are awaiting the issue of the residence document.

In order to conform to the changes which have occurred with regard to the name of the residence permits and the residence documents, in the law of 15 December 1980 and in the Royal Decree of 8 October 1981 concerning access to the territory, the residence, location and expulsion of foreign nationals, the Minister may modify the designation of the inscriptions and the residence documents referred to in this Article.

Art. 18 - The maximum duration of the work permit C is one year; it can be renewed.

Employees of foreign nationality

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