Employing a foreigner in Flanders: appealing a refusal or withdrawal
What can you do if you disagree with the refusal or withdrawal decision regarding your application for a work permit for a fixed or indefinite period? There are several options:
- You can submit a new application, complete and/or with new elements, which will then be re-examined.
- As an employee, you can find a new employer who will submit a new application for a fixed-term work permit.
- As an employer, you can lodge an appeal against the decision to refuse an application or the decision to withdraw a fixed-term work permit.
- As an employee, you can lodge an appeal against the decision to refuse an application or the decision to withdraw a fixed-term work permit.
If you have received an inadmissibility decision, then not all the required documents for a work permit were added to the file. In such a case, the application will not be considered in terms of content.
There is therefore no point in providing additional documents or information related to this application. Once you have obtained the missing documents, submit a new application via the ‘Working in Belgium(opens in new window)’ portal, adding all the required documents for the work permit.
You cannot lodge an appeal against an inadmissibility decision. However, there is a possibility of appeal to the Council of State. This is an administrative appeal which must be filed within 60 days of service of this negative decision.
The petition for this appeal must meet various formal requirements (to be found in the coordinated laws of the Council of State).
Who can lodge an appeal?
- The foreign worker (or their agent) who has received a refusal for their application for a ‘work permit for an indefinite term’ or whose work permit granted for an indefinite term has been withdrawn.
and/or
- The employer whose application for a work permit (with a single permit or work permit) for their employee is refused or whose work permit granted with a single permit or work permit for their employee is withdrawn.
How to lodge an appeal: procedure
You will receive a refusal or withdrawal decision via the digital portal (Uniek Loket).
If you decide to appeal, you must do so by registered letter within one month of being notified of the decision to refuse or withdraw.
The appeal must be substantiated and drawn up in one of the three national languages.
You may draft the appeal yourself or you also have the option of being represented by a lawyer or agent of your choice. This person can then file the appeal for you.
If the agent (who is not a lawyer) is not already known to the digital portal (Uniek Loket), a written power of attorney must be attached to the appeal.
In the appeal, you argue why you do not agree with the decision and attach relevant documentary evidence in support of the arguments.
The appeal is submitted by registered post to the competent Flemish Minister:
What happens once the appeal has been filed?
You will receive an acknowledgement of receipt of the appeal by e-mail as soon as the registered mail has been received. The Minister submits the appeal to the Economic Migration Department and asks for its opinion.
The Economic Migration Department examines whether the appeal meets the conditions for admissibility (e.g. was the appeal submitted in time by registered mail, etc.).
If the appeal is admissible, the Economic Migration Department starts its investigation. Additional information may be requested or additional information may be requested from external services such as, for example, Flemish Employment Service (VDAB), Flemish Social Inspectorate, Social Laws Inspection Service (Toezicht op de Sociale Wetten), etc.
Once all the information (internal & external) has been collected, the Minister will make a decision.
The Minister’s decision will be sent to the applicant by registered mail for the appeal.
In the event of a positive decision, a new work permit will be issued by the Economic Migration Department which will then be forwarded to the Immigration Office for further follow-up of the file and a decision on the single permit.
How long does an appeal take?
An exact timeframe cannot be given as this depends on various elements which are examined in the file. When external information is requested, this has an effect on the processing time.
Every effort is always made to process the appeal file as soon as possible.
What happens to my right of residence during the appeal procedure?
Where can I go for any questions about my appeal file?
You can contact the Economic Migration Department via the email address beroep.arbeidskaart@vlaanderen.be(opens in your email application).