Employment of foreign workers in a special residence situation
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This page only mentions work authorisations for which the Federal State is competent. These concern foreign nationals in a special residence situation. For specific information regarding other possibilities to work in Belgium as a foreign national, please contact the regional services.
Who is entitled to work in Belgium?
- Nationals of the Member States of the European Economic Area and nationals of the Swiss Confederation.
- Foreign nationals referred to in Article 47/5 of the Act of 15 December 1980 and belonging to one of the following categories
- during the application period referred to in Article 47/5 of the Act of 15 December 1980, persons who may apply for the status of beneficiary of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 384 I/01, Pb., 2020, L 29/7);
- persons who have applied for the status of beneficiary of the Withdrawal Agreement;
- persons who have been granted the status of beneficiary of the Withdrawal Agreement or a modification of this status.
- Foreign nationals holding one of the documents provided for in the Royal Decree of 30 October 1991 relating to residence documents of certain foreigners in Belgium, for carrying out functions which give the right to obtain these documents.
- The spouse and children under 18 of the nationals referred to in point 3, if the latter are nationals of a country bound to Belgium by a reciprocity agreement, and in accordance with the provisions of this reciprocity agreement.
- Only within the framework of their apprenticeship contract or work-linked training, third-country nationals who have been hired as apprentices before the age of 18 under an apprenticeship contract or a work-linked training contract approved by the competent authority.
- Refugees recognised in Belgium.
- Only within the framework of their traineeship, foreign nationals who carry out compulsory traineeships in Belgium as students, for the purposes of their studies in Belgium, in a Member State of the European Economic Area or in the Swiss Confederation.
- Foreign nationals holding a certificate of registration in the foreigners' register, temporary residence, in accordance with the template in Annex 6 of the Royal Decree of 8 October 1981, provided that this document is held by a person belonging to one of the following categories:
- apprentices hired under an apprenticeship contract or a work-linked training contract approved by the competent authority, only for work performed within the framework of their apprenticeship or work-linked training;
- persons authorised to reside in Belgium as students, as defined in the Act of 15 December 1980, only for work performed:
- during school holidays;
- outside school holidays, provided that the work does not exceed twenty hours a week and that it is compatible with their studies;
- beneficiaries of an international agreement on a working holiday scheme binding Belgium, within the limits provided for in that agreement. Belgium has concluded agreements with Australia, New Zealand, Canada, Taiwan and the Republic of Korea. More information can be found on dofi.ibz. Under these agreements on working holiday schemes, the work authorisation is limited in that the residence permit is granted for the purpose of taking a holiday and performing temporary work in order to have additional financial resources. Taking a holiday is the main purpose of coming to Belgium. The possibility of working is only incidental. The agreements concluded with the Republic of Korea and Taiwan explicitly state that the persons concerned may not have a permanent job (and therefore may not be bound by an open-ended employment contract) and that the total period of work may not exceed six months;
- persons authorised to reside in Belgium in accordance with Articles 9, 9bis, 9ter and 13 of the Act of 15 December 1980;
- persons with the subsidiary protection status, during the period to which their stay is limited;
- persons authorised to reside in Belgium as beneficiaries of the temporary protection referred to in Article 57/29 of the Act of 15 December 1980, as well as persons authorised to reside in Belgium in accordance with Article 57/34 of the same act by the minister in charge of access to the territory, residence, establishment and return of foreigners, or by the minister's delegate;
- unaccompanied foreign minors as referred to in Article 61/14 of the aforementioned Act of 15 December 1980, in case the recognised sustainable solution is for them to reside in Belgium, in accordance with Article 61/20 of the same act;
- persons who have received a positive final decision about their right of residence on the basis of Article 10 or 10bis of the aforementioned Act of 15 December 1980, with the exception of family members of a student;
- persons authorised to reside in Belgium within the framework of measures against human trafficking;
- the spouse and children of the nationals referred to in point 3 above; ;
- persons who, after completing their studies, are authorised to reside in Belgium for a maximum of twelve months pursuant to Article 61/1/9 or 61/1/15 of the Act of 15 December 1980.
- Foreign nationals authorised by another Member State of the European Union to stay as students in the context of mobility and authorised to reside in Belgium as students on the basis of Article 61/1/6 of the Act of 15 December 1980, only to perform work :
- during school holidays;
- outside school holidays, provided that the work does not exceed twenty hours a week and that it is compatible with their studies;
- Foreign nationals holding a certificate of registration in the foreigners' register for an unlimited period, in accordance with the template in Annex 6 of the Royal Decree of 8 October 1981.
- Foreign nationals holding a foreigner's identity card, in accordance with Annex 7 of the Royal Decree of 8 October 1981.
- Foreign nationals holding a "long-term EC resident’s card", in accordance with Annex 7bis of the Royal Decree of 8 October 1981.
- Foreign nationals holding a "residence card for family member of a Union citizen", in accordance with Annex 9 of the Royal Decree of 8 October 1981.
- Foreign nationals holding a "permanent residence card for family member of a Union citizen", in accordance with Annex 9bis of the Royal Decree of 8 October 1981.
- Foreign nationals invoking the right of residence on the basis of Article 40bis or 40ter of the Act of 15 December 1980, holding, during the examination period of the application for the right of residence, a document in accordance with the template in Annex 19ter of the Royal Decree of 8 October 1981.
- Foreign nationals, spouses of Belgians or of nationals of a Member State of the European Economic Area, holding a document in accordance with the template in Annex 15 of the Royal Decree of 8 October 1981 as a frontier worker, provided that these persons have, in their state of residence, a right or authorisation to stay for more than three months.
- Foreign nationals holding a registration certificate, model A, in accordance with Annex 4 of the Royal Decree of 8 October 1981, provided that this document is held by a person belonging to one of the following categories:
- persons invoking the right of residence on the basis of Article 10 or 10bis of the Act of 15 December 1980, during the examination period of the application for the right of residence, with the exception of family members of a student;
- persons who, in the context of the fight against human trafficking, have been granted a residence permit for at least three months;
- applicants for international protection who, four months after submitting their application for international protection, have not received notification of the decision from the Office of the Commissioner General for Refugees and Stateless Persons rejecting the application, until the final decision concerning the application for international protection, as referred to in Article 1, §1, 19°, of the Act of 15 December 1980.
- In the event of an appeal to the Council for Alien Law Litigation and until a decision is notified by the latter, foreign nationals holding a document in accordance with the template in Annex 35 of the Royal Decree of 8 October 1981, provided that this document is held by a person belonging to one of the following categories:
- persons invoking the right of residence on the basis of Article 40bis or 40ter of the Act of 15 December 1980;
- persons invoking the right of residence on the basis of Article 10 or 10bis of the Act of 15 December 1980, with the exception of family members of a student;
- applicants for international protection who, four months after submitting their application for international protection, have been authorised to work as provided for in point 16, provided that the aforementioned appeal to the Council for Alien Law Litigation was lodged before 22 March 2018.
- persons who have lodged an appeal for annulment of a decision to which Articles 17/3 and 20/1 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community apply.
- Foreign nationals meeting the requirements referred to in points 1 and 5 to 18 above but who temporarily hold a document in accordance with Annex 15 of the Royal Decree of 8 October 1981 during the period while they are waiting to be issued a residence document.