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Clarification on PR (B/L Card) Eligibility in Belgium

gowthamraj07

Hello everyone,


I have been residing in Belgium since November 2017. From November 2017 to September 2024, I was in Belgium as an expatriate through an Indian company. Since September 2024, I have been employed locally by a Belgian company.


After reviewing the official documentation (here: ), my understanding is that after legally residing in Belgium for five years, I should be eligible to apply for permanent residency (B/L Card).


However, when I inquired at my local commune, I was informed that I must complete five years of employment with a Belgian company to qualify for PR. They refused to process my application and advised me to return after completing five years as a local employee.


I am seeking clarification on this matter and would appreciate any insights or guidance:

    1.    Would changing my commune help in processing my PR application, or is this a uniform rule across all communes?

    2.    Is there an option to submit my application online, as my local commune is not accepting my request?

    3.    Are there any organizations or legal experts who can assist or provide guidance on this matter?

    4.    I have observed that some of my colleagues, who arrived in Belgium after me, have already obtained PR through the 1000 Brussels commune.

    5.    Has anyone successfully obtained PR after five years of residence as an expatriate? If so, which commune processed your application, and what was your experience with the process?


Any insights or experiences would be highly appreciated.


Thank you in advance!

See also

Living in Belgium: the expat guideBelgium increases nationality fee starting July 2025Single permit processing 2025Belgian citizenship response countdownBest place/commune in Belgium for quicker PR/Citizenship process
brla15

@gowthamraj07

Hi, based on your information above, i suspect that you came in 2017 to Belgium as a seconded worker via your "Indian company". If this is indeed the case, the commune is correct to not proceed with your application for card L.


For card B, it is discretionary of DVZ, but will be awarded to you as long as you have: 5 years of single permit or combination single permit/professional card/work permit.


I suggest you review your previous job situation. Were you indeed a seconded worker?

-Maybe check if you got single permit after 2020. Then you dont have to wait till sept 2029 to apply for card L.


If you still think that you have the right for B or L, then consult a labor lawyer to help you better understand your case.

gowthamraj07

Thank you for your response and clarification @brla15!

    •    I arrived in Belgium in 2017 on a Work Permit (Blue Card), as the Single Permit concept did not exist at that time.

    •    I renewed my work permit every year, holding a Blue Card until 2019 and a Single Permit from 2020 onward. I have copies of all these permits.

    •    I am unsure whether this would classify me as a seconded worker. Is there a way I can verify my job status over the past five years?

    •    Regarding legal consultation, would ACLVB be a suitable organization to seek advice from?


I appreciate your insights and any further guidance you can provide!

ARMaliq

As per your statement: "From November 2017 to September 2024, I was in Belgium as an expatriate through an Indian company", Commune is right to refuse your application for PR. Rules changed a few years ago and It is not possible any more.

arjunprasad2143

@gowthamraj07

  1. This clearly says "Periods of employment as a seconded worker are not taken into account when calculating the years of employment covered by an authorisation to work"
  2. check your payslips to understand if you have paid your social security benefits for these years or what tax regime were you in these years? it could be easily understood from your income tax return statements.

Also, please go through the different threads in the forum. there are a lot of explanations about this.

gowthamraj07

@arjunprasad2143

Thank you for your response and clarification!

brla15

@gowthamraj07


If you present proof of Limosa -1 declaration during your renewal from 2017 till 2023, then it would tell me that you are seconded employee.


Call vreemdelingenrecht.be, they can be contacted by telephone and will be able to quickly help you out. Your labor union "may" also help you but I have no experience reaching out to them yet on residency matters. However, they may be able to help you identify your work situation and thus gives you the knowledge on what to do next.

sameer.ramdowar

@gowthamraj07


Quick Advice:

Apply for the B card: You should normally get it based on your situation.

Once you have the B card: You can directly apply for citizenship.

L card is not required.

gowthamraj07

@sameer.ramdowar

I applied for a B Card, but my commune rejected my application, stating that I need to work for a local (Belgian) company for five years before becoming eligible to apply.