A draft law to implement the practical post-Brexit rules regarding residence in Belgium was approved by the Commission Interior Affairs, Safety, Migration, and Administrative Matters of the Chamber of Representatives on Wednesday 25 November 2020. We expect the law to be approved and published soon.
The essential rules of the current draft law can be summarized as follows.
1. UK nationals, beneficiaries of Withdrawal Agreement, defined as the persons mentioned in article 10 of the Withdrawal Agreement, can maintain their right to long term residence.
The relevant categories are:
- Employees/self-employed who reside and/or work in Belgium before 31 December 2020 and who continue to do so after 1 January 2021. In practice, an application for a new type M residence permit will have to be filed at the latest on 31 December 2021. Current permits type E (residence) or E+ (permanent residence) will remain valid now, but will expire automatically on 31 March 2022;
- Frontier workers before 31 December 2020 who continue to do so as of 1 January 2021. In practice, an application for a new type N permit for frontier workers-beneficiaries of Withdrawal Agreement, will have to be filed at the latest on 31 December 2021.
For both categories, there are specific rules regarding documentary evidence. Late filing may still be accepted if the federal immigration office deems there are reasonable grounds for failure to respect the deadline.
2. Family members of UK nationals, beneficiaries of Withdrawal Agreement, defined as the persons mentioned in article 10 of the Withdrawal Agreement, can maintain or obtain right to long term residence.
The relevant categories are:
- Family members who reside in Belgium before 31 December 2020 and who continue to so after 1 January 2021. In practice, an application for a new type M residence permit will have to be filed by 31 December 2021. Current permits type F (residence) or F+ (permanent residence) will remain valid now, but will expire automatically on 31 March 2022.
- Family members who arrive in Belgium as of 1 January 2021, provided they are either:
- Directly related to UK citizens residing in Belgium/frontier workers before 31 December 2020;
- Children of UK citizens residing in Belgium/frontier workers before 31 December 2020, born/legally adopted after 31 December 2020; or
- Partner in a duly attested durable relationship that started before 31 December 2020.
In practice, an application for a new type M residence permit will have to be filed within 3 months after arrival in 2021 or by 31 December 2021, whichever is later.
For both categories, there are specific rules regarding documentary evidence. Late filing may still be accepted if the federal immigration office deems there are reasonable grounds for failure to respect the deadline.
3. For those who are not considered beneficiaries of the Withdrawal Agreement, third country national rules will apply.
This implies that a work permit (employee – max. 90 days)/single permit (employee – > 90 days)/professional card (self-employed) may be required.