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

Foreign nationals who are coming to Flanders to work must first be granted permission to work. This requirement applies to everyone except for certain well-defined categories of foreign nationals.

The employer must apply for a work permit for a future employee who is coming to work in Belgium for a maximum of 90 days, or 90/180 days with a Schengen visa. Permission is only granted if the work to be performed by the foreign national belongs to a specific category. Different conditions and procedures apply for each category.

Ukrainian seasonal workers

Ukrainian seasonal workers who are currently living and working in Belgium with a work permit, exceptionally get the opportunity to extend this work permit, even when they will stay in Flanders for longer than 90 days in total (in application of art. 75, 2^nd clause BVR). More information about extending the work permit for seasonal workers.

However, the validity of the ‘picking card’ (plukkaart) has to be considered. A prolongation of the validity period of the picking card (plukkaart) is currently under discussion.

The Economic Migration Department is presently experiencing a major influx of applications. As a result, processing currently takes nine weeks.
Please take this timing into consideration when submitting your application.

Employer applies for a permit

Maximum 90 days

The employer applies for the work permit for future foreign employees who are coming to work in Belgium for a maximum of 90 days. There is one single procedure, but there may be different conditions for each category.

If the application is approved, the employee is granted a work permit and the employer is granted an employment permit.

The employee is still not in Belgium: the original work permit is sent to the municipality where the employer is based. The employer is to pick up the work permit and send it to the employee in the foreign country. The employee should then present the work permit to the Belgian embassy in their country to attain an entry visa. After this, the employee can travel to Belgium and report to a Belgian municipality.
The employee is in Belgium: the original work permit is sent to the municipality where the employee lives, and the employee picks it up.
If the work that the foreign national will perform falls into the ‘other’ category, that employee may not yet be present in Belgium at the time of the first application.
The employee in possession of the work permit can only work for the employer who applied for authorisation.

90/180 days with a Schengen visa

The employer is required to apply for the work permit for a future foreign employee who is coming to Belgium to work for 90/180 days with a Schengen visa. This permit is only to be used in conjunction with the Schengen visa.

During the validity of their Schengen visa (valid for 180 days), the foreign employee will be permitted to stay in the Flemish region and perform work duties for a maximum of 90 days (see Article 2, §1, 1°).

These 90 days of work and residence are completely ‘free to choose’ across the entire 180-day validity period of the Schengen visa. They may therefore be individual days, one completely continuous period, or several periods of individual or consecutive days.

The employee can only work for the employer who was granted employment authorisation before.

Calculator of travel days remaining(opens in new window) under a Schengen short-stay visa.

Application form

Download the form Application for authorisation to work for a fixed term with a work permit and employment permit (in Dutch)(Word file opens in new window) and fill it in completely.

Collect the necessary details

Proof of identity for the employee
- The employee is not in Belgium at the time of the application:
  - foreign identity card or personal-detail page of international passport.
- The employee is in Belgium at the time of the application:
  - foreign identity card or personal-detail page of international passport
  - Belgian residency permit which demonstrates legal residence in Belgium.
The employer’s proof of identity, or that of a proxy holder.
An employment contract (see Titles I and III of the Law of 3 July 1978 (in Dutch)(opens in new window) regarding employment contracts) that is signed and dated by both parties. (Depending on the employee’s category of work, it’s possible that a different document may be requested instead of an employment contract further details are available on this page.

If the employee is working on secondment, you must also collect:

Supplementary materials to include – per category

Depending on the categories to which the employee belongs, the employer needs to collect the following documents. This may result in deviations from the summary above.

Highly skilled worker

Shortage occupations

Specialised technician

Professional athlete

Artist

Postdoctoral researcher

Trainee

Compulsory work placement for post-graduate qualification

Traineeship at a government or international institution

Vocational training as part of a sales contract

Minister of a recognised religious denomination

Au pair

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.

Journalist

Training with a multinational group

Other

Submit your application via email

The employer starts the procedure, collects the required documents and applies for the work permit and employment permit via email.

Renewal

Would you like to renew the work permit and the employment permit? Submit your application to the Economic Migration Department at least 2 months prior to the expiry date of your current permit. Include the documents listed below in your application dossier. The documents do not need to be originals copies will suffice.

A completed Application for authorisation to work for a fixed term with a work permit and employment permit form
The employee’s Belgian residence permit
Proof of identity of the employer or their proxy
The employee’s foreign identity card or the personal-detail page of their international passport
The employment contract if it is no longer the same as the one for the earlier period of employment
Payslips or wage statements from the period covered by the work permit, or an individual account if the employer worked for a full calendar year
If the employee worked on secondment:
- Proof of enrolment in the Limosa Registry(opens in new window)
- 1 of the following documents:
  - A declaration that the social security legislation of the employee’s country remains 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 (Belgian) employer that includes:
  - the duration of the secondment
  - work and wage conditions during the secondment

Apply for the renewal of the work permit via email.

Renewal of the work permit and employment permit for an au pair

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.

Extension of employment authorisation and a work permit 90/180 days with a Schengen visa

Frequently asked questions

New application by the new employer

If an employee changes employer, the new employer must apply for authorisation for employment for the new employment. The employee cannot do that on his/her own.

If the previous employment has already been terminated, then his previous employer must report this to the Economic Migration Department. The employee then only has to wait for the new employment authorisation to be able to start at the new employer.

If the previous employment is still ongoing, the previous authorisation for employment remains valid until the previous employment:
- ends de facto (at the end of the employment contract)
- is terminated after a notice period
- is terminated by mutual agreement between the employer and employee. In that case, the employee may continue to work for the ‘old’ employer during the application period for the new authorisation for employment (and during the notice period) provided that this employment is still covered by the ‘old’ authorisation for employment (either employment permit or combined permit).

The employer or employee does not have to return the original employment permit and/or work permit. The ‘old’ employer only has to report the effective end date of the previous employment (notification obligation for change of employment situation). The employee concerned may therefore keep his previous employment permit: the validity of this permit expires when a new authorisation for employment is issued.

Required documents

A change of employer is a renewal of an existing authorisation for employment. So all ‘renewal documents’ must be submitted with the new application, with the exception of the pay slips of the previous employment, as this is not the responsibility of the new employer submitting the application for renewal. A proof of payment of the fee, a medical certificate and an extract from the criminal record are therefore not required.

Resignation

If the foreign employee resigns, the same statutory labour and social rules apply as for other employees, with the only additional requirement that the resignation must be reported to the Economic Migration Department.