How to obtain an automatic residence permit or long-term resident status in Belgium

Third-country nationals, i.e. those who are not EU or EEA citizens, can reside and work in Belgium for more than 90 days within a 180-day period after obtaining, inter alia, an automatic residence permit or long-term resident status in Belgium.

This article highlights the important aspects of obtaining these statuses, providing clear information on the procedures and requirements. It reveals the opportunities and benefits they will bring to those who wish to start a new chapter in their lives in Belgium, fulfilling their dreams of living and working in this wonderful country.

Automatic residence permit

The following persons are automatically allowed to reside in Belgium for more than 3 months:

• a foreigner whose right of residence is recognised by an international treaty or law;
• a foreigner applying for the restoration of Belgian nationality;
• a woman who has lost her Belgian nationality by marriage or as a result of her husband’s acquisition of a foreign nationality;
• an immediate relative of a foreigner who has been granted unlimited residence in Belgium for at least 12 months;
• a foreigner who is related by a registered partnership to a foreign national who has been granted unlimited residence in Belgium for at least 12 months and the children of this partner (under certain conditions);
• an unmarried disabled child over 18 years of age of a foreigner who has an unlimited residence permit in the Kingdom; 
• the father and mother of a foreigner recognised as a refugee or enjoying subsidiary protection, provided that the foreigner is under 18 years of age.

Ways to submit an application

The method of submitting an application depends on the location of the subject of the application, so you can submit an application in this way:

• Abroad. Third-country nationals must submit their application abroad at their place of residence at a Belgian diplomatic or consular post. The list of Belgian embassies and consulates abroad is published on the website of the Ministry of Foreign Affairs of the FPS: www.diplomatie.belgium.be. 

Important! Upon arrival in Belgium, the local offices of the Department of Federal Migration register the person in the Foreigners’ Register. An application for registration in the register must be submitted by a foreigner within 8 working days after entering the Kingdom.

• On the territory of Belgium. If a foreigner is legally residing in Belgium, an application for a residence permit is submitted to the territorial office of the Department of Federal Migration at the foreigner’s place of residence.

Long-term resident status in Belgium

Long-term resident status is granted to foreigners who:

1. are not EU citizens;
2. meet the conditions set out below;
3. provide proof of legal and continuous residence in Belgium for 5 years prior to the application;
4. the granting of the status is not contrary to public policy or national security considerations.

The five-year period referred to above is not interrupted by an absence of less than 6 consecutive months, not exceeding a total of 10 months out of the total 5-year period.

Conditions for granting long-term resident status 

The status may be granted to a foreigner who:

• is authorised to stay in Belgium for the purpose of studying or training;
• has a residence permit in Belgium on the basis of temporary protection or has applied for a residence permit on this basis and is awaiting a decision on his/her status;
• has the right to reside in Belgium on the basis of another form of protection;
• has filed an application for international protection, which has not yet been finalised;
• is in the Kingdom for temporary reasons only.

The validity of the residence permit and long-term resident status is unlimited.

A foreigner who has been granted long-term resident status in Belgium loses this status when he or she is granted the same status in another EU member state.

Application procedure and required documents

In cases of automatic residence permit or long-term resident status in Belgium:

1. The application is submitted to the local self-government body at the place of residence. The municipal administration issues a confirmation of receipt of the application.

2. The application must be accompanied by the required documents.

The specific list of documents to be attached to the application depends on the grounds for obtaining a residence permit. 

In any case, the following documents are required:

• a copy of the passport;
• two photographs;
• a medical certificate stating that the foreigner does not suffer from any of the diseases that may pose a threat to public health;
• an extract from the criminal record (if the foreigner is over 18 years old).

In addition, it may be necessary to provide evidence of stable and sufficient means of subsistence (for example, a certificate of responsibility, in which an individual Belgian citizen undertakes to pay the costs of medical care, accommodation and return of a foreigner for 2 years; a certificate of employment; a salary certificate; bank statements showing the movement of funds for the last 3 months), as well as evidence of housing and health insurance.

If the documents are in a language other than one of the three state languages or English, they must be accompanied by a sworn translation into one of the three state languages or into English.

3. When applying for a residence permit or a visa, a foreigner must submit his or her biometric data – fingerprints and a facial image.

The procedure for processing documents

If the foreigner meets all the conditions, he/she is issued a certificate of receipt of the application. After consideration of the application, if all the conditions are met, the foreigner receives a residence permit. The decision on the application for a permit is made no later than within 9 months from the date of submission of the application.

More detailed information on life, work, education and residence in Belgium for foreigners can be found on the official Belgian government website.

The content of this article is intended to provide a general understanding of the topic and is not intended to be legal advice.

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