Foreigners for whom you do not need to apply for a work permit

The foreign worker has the nationality of a member state of the European Economic Area (EEA) or Switzerland.
A work permit is not required for a seconded worker with one of these nationalities either.

A seconded worker is sent to Belgium by their foreign employer to work there for a certain period of time. They therefore remain employed by their foreign employer, but temporarily perform services on the territory of the Flemish Region.

In principle, foreign seconded workers require a permit, unless they are part of the exempt categories listed below.

Is the worker’s Limosa declaration fully in compliance and is their employment limited to a maximum of 90 days within a 180-day period? Then the employer no longer needs to apply for a work permit or a certificate of exemption if the worker is part of the following categories (the employer or client will check the latter for the worker).

The worker:

1. is a third-country national who does not have their principal residence in Belgium and who is engaged in one of the following temporary business activities related to the business interests of the employer, not involving the provision of goods or services:
   • attending:
     • conferences and seminars
     • internal and external business meetings
     • trade fairs and exhibitions.
   • negotiating business agreements
   • undertaking sales or marketing activities
   • conducting internal audits or customer audits
   • exploring business opportunities
   • providing or attending training courses.
2. is a person who has come to Belgium to receive goods supplied by the Belgian manufacturing industry, on behalf of a company established abroad.
3. is a foreign journalist who is coming to Belgium to carry out an assignment. They work for:
   • a newspaper published abroad
   • a foreign-based news agency
   • a foreign-based radio or television station.
4. as a foreign worker, they are receiving training at the Belgian headquarters of a group of companies. This training is part of a training agreement between the registered offices of this group.
5. is an intra-corporate transferee who holds a valid permit to work as an ICT professional in another EU Member State, and who is temporarily (for so-called short-term mobility: maximum 90 days in a 180-day period) working as a manager, specialist or trainee employee at the Belgian branch of a foreign multinational company.
   Their remuneration is no less favourable than that of comparable positions based on applicable laws, collective agreements or practices.
6. is a third-country national who, as a representative of hotels, travel agencies or tour operators, or who, as a guide, attends or participates in a conference or trade fair or accompanies a tour that has started on the territory of a third country.
7. is a third-country national who, as a translator or interpreter, provides services as an employee of a legal entity established on the territory of a third country.

Is the Limosa declaration of the worker fully in compliance? Then the employer no longer needs to apply for a work permit or certificate of exemption if the worker falls into one of the categories listed below (the employer or client verifies the latter for them).

The worker:

1. Is a third-country national exercising their right to short-term mobility in the context of research, provided that their employment is associated with income which will enable them to support themself or their family financially.
   The researcher on a hosting agreement may, on the basis of their combined permit, issued by the first member state, conduct their research at an approved research institute in the Flemish Region for a maximum period of 180 days within a period of 360 days.
2. is not a national of a member state of the European Economic Area. However, they are employed in a company located in a member state of the European Economic Area or the Swiss Confederation and are temporarily going to Belgium to perform services, provided that they fulfil one of the following conditions. 
   • They reside in the member state of the European Economic Area or the Swiss Confederation and have a right of residence there or a residence permit of more than three months.
   • They are legally employed in the member state where they reside, and the permit is valid at least for the duration of the work that they must perform in Belgium.
   • They possess a regular employment contract.
   • They have a passport and a residence permit with a duration at least equivalent to the duration of the service to ensure their return to their country of origin or residence. 

These are the categories of workers, listed below, who are not subject to a prior Limosa declaration.

1. Workers who are employed in the sector of international transport of persons or goods unless these workers perform cabotage operations on Belgian territory in a sector other than road transport.
2. Workers who are seconded to Belgium for the initial assembly and/or first installation of an item which is an integral component of an agreement for the supply of goods and which is necessary to put the supplied item into operation and which is carried out by qualified and/or specialised workers of the supplying company, if the duration of said work does not exceed eight days. This derogation does not apply to activities in the construction sector.
3. Workers who are employed as specialised technicians by an employer established abroad and who come to Belgium to perform urgent maintenance or repair work on machines or equipment supplied by their employer to the company established in Belgium where the repairs or maintenance work take place, provided that their stay necessary for the activities does not exceed 5 days per calendar month.
4. Workers who come to Belgium to attend scientific conferences.
5. Workers who come to Belgium to attend restricted meetings, provided that their attendance at those meetings does not exceed the maximum of 60 days per calendar year, with a maximum of 20 consecutive calendar days per meeting.
6. Workers who are employed by a public service.
7. Workers who are employed by an international body governed by public law which is established in Belgium and whose statute is governed by a treaty which has entered into force.
8. The members of a diplomatic or consular mission.
9. Workers who are residing abroad, are employed there by a foreign-based employer and who come to Belgium to participate in international sporting events, as well as referees, coaches, official representatives, staff members and all other persons accredited and/or recognised by international or national sports federations, provided that their stay in the country, necessary for these activities, does not exceed the duration of the sports trial and at most 3 months per calendar year.
10. Artists of international renown and accompanying persons whose presence is required for the show, provided that their stay in Belgium, necessary for these activities, does not exceed 21 days per quarter.
11. Researchers and members of a scientific team who reside abroad and are employed by a university or a scientific institution located abroad, who are participating in a scientific programme at a host university or a scientific institution in Belgium, provided that their stay, necessary for these activities, does not exceed 3 months per calendar year.

The foreign worker has not come to Belgium to work here, but for another reason, for example, in the context of family reunification or as a refugee. In that case, there are two options.

• A foreigner with unlimited right of residence does not need a work permit. They may exercise any profession with any employer .
• A foreigner with limited right of residence has an indication on their residence document as to whether or not they are allowed to work.

Automatic permission

A foreigner is therefore automatically granted permission to work in Belgium if they meet one of the following residence requirements set out in the Royal Decree of 2 September 2018 (in dutch)(opens in new window).

• They are a national of a member state of the European Economic Area or Swiss Confederation (Art. 4).
• They have a special residence permit because they hold a particular office (Art. 5).
• They are the partner or child of a holder of a special residence permit based on a specific office. The reciprocity agreement must apply for this (Art. 6).
• They are working under an apprenticeship contract or undergoing training according to the principle of a sandwich course (Art. 7).
• They are a recognised refugee (Art. 8).
  A foreigner who has obtained ‘refugee’ status in a country other than Belgium may not use that status in Belgium. In Belgium, the person concerned is considered simply on the basis of their origin/nationality.
  For example: a Syrian woman obtains the status of ‘refugee’ in Greece. She will have certain rights and obligations in Greece itself regarding residence and employment. If she comes to Belgium for employment, she will be considered Syrian, so she will need a work permit.
• They are doing a compulsory internship in Belgium for their studies in Belgium, in the European Economic Area or the Swiss Confederation (Art. 9).
• They are registered in the aliens’ register with a temporary residence permit:
  • a student covered by an apprenticeship contract or a sandwich course agreement (Art. 10,1°)
  • a foreign student who is studying at a Belgian educational establishment (Art. 10,2°)
  • a beneficiary of international agreements on the working holiday programme (Art. 10,3°)
  • regularised under a humanitarian programme (Art. 10,4°)
  • a person under subsidiary protection (Art. 10,5°)
  • a person under temporary protection (Art. 10,6°)
  • an unaccompanied foreign minor (Art. 10,7°)
  • a recognised family reunification sponsor (Art. 10,8°)
  • a victim of human trafficking (Art. 10,9°)
  • the spouse or child of a holder of a special residence permit based on a specific post (Art. 10,10°).
• They are a person with unlimited residence (Art. 11).
• They have an identity card for aliens (Art. 12).
• They have a ‘long-term resident - EC’ residence permit (Art. 13).
• They have a residence card of a family member of a citizen of the Union (Art. 14).
• They have a permanent residence card of a family member of a citizen of the Union (Art. 15).
• They are a family reunification sponsor undergoing investigation with EU nationals and a holder of Annex 19b (Art. 16).
• They are the spouse of a Belgian or a national of a member state of the European Economic Area who is the holder of Annex 15 as a frontier worker (Art. 17).
• They have a matriculation certificate – Model A/Orange Card:
  • a family reunification sponsor undergoing investigation with non-EU nationals (Art.18,1°)
  • a victim of human trafficking (Art. 18,2°)
  • an asylum seeker (Art. 18,3°).
• They have an Annex 35 and are appealing to the Council for Alien Law Litigation:
  • a family reunification sponsor undergoing investigation with EU nationals (Art. 19,1°)
  • a family reunification sponsor undergoing investigation with non-EU nationals (Art. 19,2°)
  • an asylum seeker (Art. 19,3°).
• They are a foreigner who is temporarily in possession of Annex 15 and is waiting for the actual residence document. They are not eligible if they have a special residence permit for a specific post and if the reciprocity agreement applies. In that case, their spouse and children will not automatically be granted permission either.

View all details per category.