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Summary
On March 01, 2023, updated legislation for researchers with a host agreement has taken effect in Belgium. Researchers coming to work in Belgium with a recognized research institution will now need a single permit.
Situation up to February 28, 2023
Non-EEA researchers with a host agreement at a recognized research institution were exempted from the single permit process. As a transitionary measure, those researchers that filed their application on or before 28 February 2023, can still benefit from the exemption, even if their intended start date is in the future (as far as 31 May 2023).
Situation as from 1 March 2023
Belgium has further implemented the EU Directive on students and researchers (2016/801).
As a general rule, researchers who have a host agreement with a recognized research institution now need to obtain a single permit. However, a distinction is needed between short-term research (up to 90 days), long-term research (more than 90 days), and researchers using their right to intra-EU mobility.
In addition to the research carried out for the recognized research institution, the researchers will have the opportunity to carry out educational activities in higher educational establishments without a need to obtain separate work authorization.
Researchers who are already present in Belgium based on the past exemption must apply for a single permit 2 to 3 months prior to the expiration of their current residence permit.
An important note is that the Walloon region only seems to accept local employment for the work authorization for researchers. EY has however received confirmation from both the Flemish and Brussels regions that they will accept both a setup under secondment and local employment.
Up to 90 days: different approach depending on the region
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Flemish and Brussels regions |
Walloon region |
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A work authorization exemption is applicable for non-EEA researchers who will perform research activities covered by a host agreement at a recognized research institution In Belgium for a maximum duration of 90 days.
They must ensure that their stay in Belgium is covered by a short-term visa type C or a valid national passport (visa exempt nationals). |
A work permit type for up to 90 days must be obtained prior to the start of the research activities in Belgium.
They must ensure that their stay in Belgium is covered by a short-term visa type C or a valid national passport (visa exempt nationals). |
More than 90 days: single permit application – applicable in all regions
For activities that will last for more than 90 days and if the foreign national does not hold a permit as a researcher in another Member State, a single permit must be obtained prior to arrival of the individual. The single permit is issued for a maximum duration of 3 years but is renewable. General rules are applicable for the single permit application. Upon finalizing their immigration process, they will be delivered an electronic ID card type A with the mention ‘Onderzoeker/Chercheur.
Intra EU mobility rights: applicable in all regions
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Short-term mobility up to 180 days in 360 days: notification |
Long-term mobility (more than 180 days and up to 360 days): single permit application |
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A holder of a researcher permit in another EU Member State can carry out research under a host agreement in Belgium in a recognized research institution for a period of 180 days within each 360-day period.
A notification must be made to the Immigration Office by the recognized research institution prior to arrival. Any accompanying family members must be included in the notification. The Immigration Office has 30 days to object to short-term mobility. The researcher may start their activities without the decision of the authorities, but all activities must be stopped immediately if the Immigration Office takes a negative decision. If no objection is raised after 30 days, the short-term mobility notification is considered approved.
The permit in the first EU Member State must remain valid during the whole duration of the mobility in Belgium. |
A foreign researcher who holds a research permit in another EU Member State based on a host agreement with a recognized research institution can submit a single permit application for long-term mobility in Belgium for up to 360 days.
The application should be submitted at least 30 days before the start of the activities if the individual is located in their first Member State. If the individual is already residing in Belgium in the context of short-term mobility, the application can be submitted from Belgium, at least 30 days before the end of short-term mobility rights. |
Processing times
Both the Regional employment authorities and the Immigration Office must take a decision within a period of 60 days from the day on which the application has been declared admissible by the competent region.
Search year
Non-EEA researchers who have worked as a researcher with a host agreement at a recognized research institution in Belgium or in another EU Member state and have used their mobility rights to perform a part of the research in Belgium can now obtain a one-year search permit allowing them to look for employment opportunities or – alternatively – set up their own business as self-employed workers In Belgium.
The search year permit will grant the holder unlimited access to the Belgian labor market, allowing them to work without any limitations in terms of salary, employer or position. However, the intention is and remains to find an employer who will apply for a single permit or to start a business under a professional card set up. After the search year, the individuals will not be allowed to continue working without a single permit or professional card.
Takeaway?
Employers must ensure to review the foreign workers population currently benefiting from the exemption and make sure to take the necessary actions to obtain adequate work authorization if required.
Questions? Contact the immigration professional with whom you work at EY.