What do you have to do for a first application ?

There are different kinds of permit, depending on the job performed and the duration of the employment contract. The procedure for obtaining the necessary documentation will be different. 

The job performed

When to apply?

Your worker doesn’t have a residence permit in Belgium yet ? He must obtain his work permit before arriving in Belgium. 

Your worker already have a residence permit in Belgium but this permit  doesn't allow him to work? He must obtain his work permit before starting work. 

Most often, the request must be made before the worker’s arrival on Belgian territory. 

There are some exceptions for people who already legally stay in Belgium ( authorized stay for more than 90 days) :  

• People legally present in Belgium for other reasons than work (ex: students) 
• Highly qualified workers 
• Workers who already have a work permit in another Region, in the Brussel-Capital Region for example 
• Workers applying for a permit extension  

How to apply? 

Fix-term signle permit must be submitted online. Click here for more information. 

Currently, type B permit applications must still be submitted using the paper forms. Click here for more information. 

How does the procedure work?

Once your application is complete, we will inform you via the single permit platform for the single permit or by email for the B permit whether it is complete or not. Any missing documents will be requested from you (or your representative).

From the date the letter is sent, you have fifteen working days to provide the documents relating to the admissibility of the application and fifteen calendar days for the substantive examination of the application.

If the application meets the legal criteria, the work permit is sent to the Immigration Office. If the decision regarding residence is positive, a single permit will be issued by the Immigration Office.

Please note: for the single permit, you or your representative must log in to the ‘Single Permit’ application to access the applications/notifications that have been added (and also to add the requested documents).

How long is the permit valid for?

When you hire a foreign worker, you have certain obligations. You must:

• Hire the foreign worker under the same conditions as a Belgian worker in a comparable position and provide the worker with health and accident insurance. You must therefore comply with the minimum gross annual amounts per position and the scales defined by the joint committees. Click here to view the salary thresholds. 
•  Pay a fee, the amount of which depends on the situation and the contract you have with your worker. Click here to find out more about the fee.
• Keep a copy of the foreign worker's work permit and residence permit (which are a single document in the case of a single permit).
• Report any changes in the terms and conditions of employment to our services: the worker leaves their job, you dismiss the worker, a change in salary, a change in position, etc.
• Do not terminate the contract before its expiry date (except for serious reasons).
• Pay the travel expenses from the worker's place of residence to the place of employment (unless the worker is already settled in Belgium).

In some cases, and to ensure the worker's safety, you must, when the worker is not yet eligible:

• Pay compensation in the event of involuntary unemployment if the worker is not yet eligible for unemployment insurance.
• Provide medical and pharmaceutical assistance and hospitalisation if the worker is not eligible for health and disability insurance.

In certain cases, you will also have to pay the costs of repatriating the worker to their home/residence abroad (following an accident at work, for example).

You must comply with these obligations at all times. As with all offences, failure to comply with the law will result in penalties. Offences can range from simple breaches or errors to undeclared work and even human trafficking. This matter is monitored and controlled by officials from the Wallonia Public Service and, where necessary, by the police. Depending on the situation, penalties can range from a warning to fines or imprisonment.

For your foreign workers under a Belgian employment contract, you must submit a DIMONA declaration before they start work. Click here for more information about DIMONA.

For foreign workers who continue to be employed by a foreign employer and are temporarily posted to Belgium, a LIMOSA declaration must be submitted before they start work in Belgium. Click here for more information about LIMOSA.

You must also renew the permit when it expires.