Work permits – Maximum of 90 days and 90/180 days with a Schengen visa

• ​​​​​​One of the following documents:
  • a declaration that the social security legislation of the employee’s country will remain in effect during the time they are working in Belgium
  • if there is no international agreement about social security: a declaration from the National Office for Social Security showing that the employee is not subject to the Belgian system for employees, because the conditions for this have not been fulfilled.
• An attest signed by the employer with:
  • the duration of the secondment
  • work and wage conditions during the secondment.
• The employment contract with the foreign employer and a translated version of it.

The higher education diplomas or degrees awarded to the employee, with a translation to Dutch, French, German or English.

Employment contract

To avoid discussion about the qualification of the job as a shortage occupation, you are asked to provide an extensive job description (as is used within the company) and the curriculum vitae for the employee. This avoids the need for the department to later request the information if the qualification should prove unclear.

• Supply contract from which it is clear that the installation is manufactured or supplied by the foreign employer. The specialised technician is required for:
  • putting the installation into operation
  • the assembly of the installation
  • repairs to the installation.
• Memoranda with sector reports and areas of activity.
• The employment contract between the employee and the foreign employer:
  • including translations of the signed service order or assignment letter with the Belgian employer
  • and with the description of:
    • the duration of the secondment
    • the work and wage conditions during the secondment.

• Employment contract for professional athletes (conforming to the Law of 24 February 1978).
  For coaches who are not engaged under such a professional athlete employment contract: a regular employment contract.
• If the athlete undergoes tests prior to the beginning of the appointment, show it with a copy of the ‘contract for the testing of a player’:
  • that is drafted by the sport club and the player undergoing the tests
  • that conforms to the prescribed model agreement.

Employment contract for the artist, including:

• a description of performances that the artist needs to deliver
• dates and places of performance(s)
• the hours the artist will work
• on which days and in which weeks the artist will perform these hours of work
• the gross daily wage, weekly wage or monthly wage
• the place, method of payment and period of payment
• a letter in which you explain the nature of the artistic activities (required for work permit).
  

• Proof of one of the following two elements:
  • the doctorate degree of the employee
  • confirmation from the host university that the employee has exceptional scientific qualities.
• Proof that the employee will be compensated for scientific research – including the amount of the compensation.
• Proof that the employee will be performing fundamental scientific research at the host university—including the duration of the research.
  

• A trainee agreement (in Dutch) signed by both parties, with:
  • a detailed training programme signed by both parties
    • the number of hours in the traineeship
    • the wage, including any scholarship payments. This amount may not be lower than the applicable legal minimum wage.
• A translation of the training agreement signed by both parties and the training programme in a language that the employer understands.
• Declaration in which the employee commits not to perform any other work in Belgium during the period of the traineeship.
• Diploma or certificate of study that relates to the traineeship.
• Curriculum vitae which includes the qualifications of the employee.

• University degree that allows employee to commence post-graduate studies, plus translation of this degree.
• Post-graduate programme that the employee will complete through the work placement, with inclusion of:
  • start and end dates
  • working and wage conditions.
    

• A training contract signed and dated by both parties, with inclusion of:
  • the duration of the traineeship
  • remuneration.

• Evidence of the approval if the employee is participating in a programme that has been approved by an international institution of public law that is based in Belgium. The status of this institution is governed by an agreement that has entered into force.
• Proof of reciprocity if it relates to a reciprocal exchange programme.
  

• Opleidingsovereenkomst die bij het verkoopcontract zit, met vermelding van:

• Employment contract with the foreign employer, plus a translated version of this contract.

• Sales contract between the Flemish company and the foreign employer.

• Training contract that is part of the sales contract, including:

  • the duration of the training

  • work and wage conditions during training.
    

• Evidence that the employee’s community is a recognised religious community within a recognised religious denomination.
• Evidence that the employee is a minister of a recognised religious denomination.
  • State the duration of the appointment and the means of support in the evidence.
  • Include an excerpt of the deed of appointment from the FPS Justice or include evidence of appointment by the Belgian representative of the recognised religion.
    

For a foreign adolescent au pair who is coming to Belgium to work, the host family (as employer) is required to apply for a work permit and an employment permit, even if this is for longer than 90 days or in conjunction with a Shengen visa for 90/180 days.

Additional documents are:

• Proof of identity of both parents from the host family, or of the proxy if the application is being made through a proxy.
• The original placement contract signed by both parties, plus the weekly schedule. This weekly schedule:
  • unambiguously shows at what times the parent(s) will effectively be present/absent and at what times the au pair is concretely taking on light household duties.
  • includes, for all seven days of the week:
    • the tasks of the au pair, together with their start and end times (from … to …)
    • the working hours of the parent(s).
    • The commute times of the parent(s) (movement from home to work and vice versa).
• Certificate from a recognised educational institution from the country of the au pair youth. This confirms that he or she was in education at least until the age of 17 or obtained a qualification that allows him or her to pursue further studies. Translation of that certificate (to Dutch, French, German or English).
• Certificate from the educational institution from his or her country, which sets out how the au pair will acquire the basic knowledge of host family’s language of communication or, if he or she does not yet have this basic knowledge, a document in which the au pair undertakes to follow an intensive language course immediately upon arrival in Belgium
• Evidence that the au pair is enrolled in a course related to the regional language he or she is coming to learn in Belgium. The au pair enrolled in a Belgian educational institution recognised or subsidised by the Communities.
  • Since most educational institutions wish to screen in advance the level of language of the person concerned, which is only possible after the au pair’s arrival in Belgium, a certificate can be added to the application file in which the educational institution confirms that the au pair’s application for registration has been registered, and that the registration will also become effective upon arrival in Belgium.
• Certificate with the composition of the host family, issued by the local authority of the place of residence
• Criminal record extract for each adult member of the host family, issued by the local authority of the place of residence
• Certificate from an insurance company (in Dutch)(PDF file opens in new window), proving that the host family took out supplementary insurance for the au pair. That covers:
  • medical, pharmaceutical and hospitalisation costs in case of illness or accident
  • costs of any repatriation in case of illness or accident.

It is not necessary for a foreign journalist who is coming to Belgium to work for a maximum of 90 days to apply for a work permit.

A foreign journalist who is coming to work in Belgium in conjunction with a Shengen visa for 90/180 days, needs to be employed by one of 3 sorts of employers:

• a newspaper published outside Belgium
• a press agency based outside Belgium
• a radio or television station based outside Belgium.

The appointment lasts a maximum of 90 days

There is no need for a work permit for an appointment that lasts for a maximum of 90 days. The following conditions apply:

• The employee is seconded or posted to Belgium for a training course in the Belgian office of a group of companies for which the foreign employer works.
• The training is a part of a training agreement between the companies within the group.
• The appointment will last for a maximum of 90 days.

A group of companies (see Article 17,19° of the Government of Flanders Order) is a unit of linked and/or associated companies as defined in Articles 11 and 12 of the Code of Companies.

The appointment is in conjunction with a Schengen visa for 90/180 days

The following conditions apply:

• The employee is seconded or posted to Belgium for a training course in the Belgian office of the group of companies for which the foreign employer works.
• The training is part of a training agreement between the companies of the group.
• The appointment lasts longer than 3 months. There is no maximum duration for the training.

A group of companies (see Article 17,19° of the Government of Flanders Order) is a unit of linked and/or associated companies as defined in Articles 11 and 12 of the Code of Companies.

Evidence of exceptional economic and/or social reasons for taking on this employee. If you lack this evidence, your application is inadmissible and will not be processed.

Would you like to renew the work permit and employment permit for an au pair? Make sure that the adolescent au pair meets the conditions for renewal:

• The total placement period of the initial work permit and the new work permit combined are of a duration of no longer than one year. In other words, after a period of twelve months, an au pair cannot be granted an extension.
• The au pair meets the other conditions for being assigned a work permit and employment permit (and must therefore submit certain documents again).

An au pair who would like to change host families can do this just one time. In this case, the above conditions are applicable a total period of twelve months (incorporating the initial and new work permits) cannot be exceeded. In the case of a new host family, an au pair can only be placed until the period of one year (incorporating the time spent at both host families) is reached.

Submit your application to the Economic Migration Department at least 2 months prior to the expiry date of the work permit. Include these documents in your dossier:

• A copy of the proof of identity of both parents from the host family
• A completed Application for authorisation to work for a fixed term with a work permit and employment permit form
• The original placement contract signed by both parties, plus the weekly schedule. This weekly schedule:
  • unambiguously shows at what times the parent(s) will effectively be present/absent and at what times the au pair is concretely taking on light household duties.
  • includes, for all seven days of the week:
  • the tasks of the au pair, together with their start and end times (from … to …)
  • the working hours of the parent(s)
  • the commuting times of the parent(s) (movements from home to work and vice-versa) (from … to …).
• The Belgian residency permit of the au pair.
• Proof of identity for both host family parents or of a proxy if the application is being made through one.
• Evidence that the au pair is enrolled for courses on the regional language that they have come to Belgium to learn. The au pair must have enrolled with a Belgian educational institution that is recognised or subsidised by the community.
• An attest with the composition of the host family, supplied by the municipal authority for the place of residence.
• An excerpt from the criminal register for every adult member of the host family, supplied by the municipal authorities for the place of residence.
• An original insurance certificate, from which it is clear that the host family has closed sufficient insurance for the au pair, covering:
  • medical, pharmaceutical and hospital costs in the event of illness or accident
  • costs of possible repatriation in the event of illness or accident.
• Account statements that demonstrate the adolescent au pair has received a monthly allowance of at least 450 euro.

A stay on a Schengen visa is limited to a maximum of 90 days within a maximum period of six months. The calculation of those (effective) 90 days is recalculated each time from the last effective day of stay in the Schengen Area. Because the reference period taken into account for calculating the allowed period is the 180-day period preceding each ‘day of stay’ in the Schengen Area. That means looking back at the last previous 180 days on each day of stay to check whether the 90 days were respected within a 180-day period. The reference period is therefore variable.

In the exceptional case where one stayed (and worked) in the Schengen Area for a continuous period of 90 days, the person must, however, spend a period of 90 days outside the Schengen Area before they can return.

Important: in order to obtain a subsequent employment authorisation as an extension of the previous employment authorisation with work permit with Schengen residence, the person must always reside outside the Schengen Area.