If you do not hold a valid M-card or Annex 56 and would like to stay in Belgium for longer than 90 days, you will need to request a residence authorization according to the procedures applicable to all third country nationals. The rules and processes will depend on the purpose of your residence in Belgium, especially your relationship with the labour market.
1. Employee
If you will be working in Belgium as an employee, your employer can request a single permit for you under certain conditions. The single permit is a combined work and residence permit for Belgium for more than 90 days.
You will first need to determine whether you meet the eligibility criteria for one of the categories of single permit that are available. The categories and their eligibility conditions differ per region (Brussels, Flanders or Wallonia). The competent region is the one where the establishment unit of the employer where you will be employed is located. If the employer has several establishment units, the region where you will be mainly employed is competent.
Below you can find the rules applicable in the Brussels region and links to the website of the Brussels Economy and Employment service. The most common single permit categories are as follows:
If you do not meet the eligibility criteria for one of the categories listed, your employer will need to go through the Labor Market Testing process.
For a detailed overview of the eligibility criteria and a step-by-step guide of the process, please consult this page.
2. Self-Employed
In Belgium, an individual is considered as self-employed if they carry out a profitable professional activity without being bound to an employer by an employment contract. The distinction between employees and self-employed in Belgium is different from what is applicable in the UK, for example for board members of companies. It is therefore recommended to carefully ascertain your legal status.
If you will be pursuing self-employed professional activities, you must apply for a professional card. Based on the approval of this professional card you can apply for a long stay visa (visa type D). With this visa you can travel to Belgium, register with the local authorities (town hall) and obtain a residence permit, valid for the duration of the validity of your professional card (usually two years).
The eligibility conditions for a professional card differ per region (Brussels, Flanders or Wallonia). The competent region is the one where your business will be officially established or where your activities will be carried out in case you do not establish a business in Belgium.
The most important requirement to obtain a professional card is the need to show the economic, social, cultural, artistic or sporting value of your activities to the Region.
For a detailed overview of the eligibility criteria and a detailed step-by-step guide of the process, please consult this page.
3. Student
If you will come to Belgium to study in higher education, you can apply for a student visa. With a student visa you can travel to Belgium, register with the local authorities (town hall) and obtain a residence permit, valid for the duration of your studies.
As a student permit holder, you will be authorized to work for up to 20 hours per week during term time, or full-time during official school holidays.
As a student permit holder graduating from a Belgian higher education establishment, you can apply for a search year permit, allowing you to stay in Belgium for another 12 months to seek employment or pursue self-employment. As a search year permit holder, you will be able to work without any restrictions for any employer. Before the expiry of your search year permit you should switch to one of the other categories listed on this page if you want to remain in Belgium.
4. Trainee
If you will come to Belgium to undertake a traineeship you can apply for a trainee permit. The eligibility conditions and formalities for this permit vary depending on the type of traineeship you will do.
5. Retirement
If you want to retire in Belgium, you may consider applying for a retirement visa. There are no specific legal eligibility criteria for this visa scheme and the decision to award it falls under the general discretionary competence of the State Secretary for Asylum and Migration. Every application is handled on an individual basis, based on practice, determined by the Immigration Office.
In practice, you are likely to qualify for a retirement visa if you demonstrate that you meet the following two eligibility criteria:
Pre-existing link with Belgium (e.g., through earlier long-term residence, family ties, strong professional ties)
Sufficient regular income other than from employment
If you wish to apply for a retirement visa, please consider seeking specialised legal advice.
6. Family Reunification
If you are a family member of a Belgian citizen, an EU citizen or a non-EU citizen who has residency in Belgium (including M-card holders), you can apply for family reunification with this family member. The conditions and requirements will depend on the nationality of your family member, your connection to the family member, and their residence status in Belgium. Detailed information on this topic can be found here.
Additional specific rules apply to family members of UK citizens holding a valid M-card. The following family members can still apply for an M-card as a family member of a UK national even after the end of the application period on 31 December 2021 (without having to demonstrate reasonable grounds for not meeting the deadline):
the spouse
the registered partner
the partner with whom the M-card holder has a durable relationship
descendants under 21 years of age or if older dependent on the M-card holder or their spouse
ascendants (parents, grandparents, etc.) dependent on the M-card holder or their spouse
parents of a minor child, holder of an M-card
This only applies in case of family reunification and not family formation: the family tie therefore had to already exist before the end of the application period on 31 December 2021.
7. Special Identity Card (SIC) Holder
UK citizens who hold a "Special Identity Card (SIC)" can still apply for an M-card after the end of the application period on 31 December 2021. You should do so within three months after the end of your role as an employee of an international organization on which your SIC is based or after the cancellation of your SIC (whichever comes first). Detailed information can be found here.
8. Other
UK citizens who do not qualify under one of the immigration categories listed above but wish to reside in Belgium should seek specialised legal advice.
