I LIVE IN BELGIUM WITH A SINGLE PERMIT – CAN I CHANGE JOB?

Welcome to the Brexit Brief! In this newsletter for UK citizens living in Brussels or thinking of moving here, we will explore some of the more complicated aspects of life after Brexit. Each edition will start from a puzzling everyday question, using it as a chance to explore the rules that UK citizens should know about.

Case Study 2: “I am a UK national who lives and works in Belgium with a Single Permit. Can I change employer?”

This month's case raises a few vital questons for UK nationals who live and work in Belgium and who do not have protection under the Brexit Withdrawal Agreement (for example because they moved here after the end of the Brexit transition period):

1. What is a Single Permit and how does it differ from a residence permit granted to an EU national or an M-card holder?
2. Can I change employer or change my residence status without leaving Belgium?
3. What happens if my employment ends?
4. How can I get unlimited access to the labour market?

These questions will be covered below, as we explore the practical implications for our case study about a Single Permit holder wondering if they can change job.

Note: the information and advice in this article is only relevant for people with a Single Permit (combined work and residence permit). What follows does not apply to those holding an M-card or any other type of Belgian residence permit.

1. What is a Single Permit?

A Single Permit is a combined work and residence document that allows you to reside in Belgium and work as an employee for a specific employer and in a specific function. Therefore, your initial Single Permit only allows for limited access to the labour market, as it is tied to a specific employer and a specific function with that employer. Your employer will apply for the Single Permit on your behalf and the limited access to the labour market will be indicated on your residence permit (“Marché du travail: limité / Arbeidsmarkt: beperkt").

This situation differentiates the rights of a Single Permit holder from those of an M-card holder or an EU national living in Belgium. These individuals may freely change employer or even change residence status without notice, while Single Permit holders are subject to greater restrictions. However, after a certain period, you could be eligible for a Single Permit with unlimited access to the labour market, or even long-term residence status (see section 4 below).

The most common Single Permit categories in the Brussels-Capital Region

What does this mean for our case study?

• Your initial Single Permit only allows limited access to the labour market and this will be indicated on your residence permit.
• This permit only entitles you to work for the employer who obtained this permit for you and in the role for which it was granted.
• You cannot start a new job without undertaking some administrative procedures (see below).

2. Can I get a new job or change my residence status?

If you hold a Single Permit with limited access to the labour market and you want to change employer, your new employer will need to submit a new Single Permit request for you while your current permit is still valid or within 90 days after termination of your previous employment (see topic 3 below).

You can start working for your new employer as soon as the Regional Employment Ministry approves the Single Permit application submitted by your new employer. If your residence permit has expired by that point, you can obtain a temporary document (annex 49) to cover your stay until your new Single Permit application is also approved by the Immigration Office and your residence permit is renewed accordingly.

You can also change your residence status, for example to a self-employed status by applying for a Professional Card, to a student permit, or to a permit for a dependent family member. If you wish to keep living in Belgium during this change of status, you will need to make sure your change of status application is submitted and approved while your current Single Permit is still valid. Please take into account that government processing times can be lengthy (up to 9 months) and that document requirements are more burdensome when changing status.

What does this mean for our case study?

• Single Permit-holders can change employers, but you will need a new Single Permit for the new job.
• If you are leaving your initial job, make sure that the new Single Permit request is submitted in time (while your initial permit is still valid or within 90 days after losing your initial job).
• You can also switch your residence status while staying in Belgium - but these processes take time and require careful planning. You should not resign from the job on which your Single Permit depends without serious reflection.

3. What happens if I lose or leave my job?

If you hold a Single Permit with limited access to the labour market and your employment is terminated (either by your employer or by yourself), your employer is legally obliged to notify the Regional Employment Ministry (REM). The REM will notify the Federal Immigration Office who will give you a period of 90 days to remain in Belgium. You will be notified by your local town hall.

During this 90-day period you can stay in Belgium and submit a new Single Permit application through a new employer. You can also submit a change of status application. Depending on the process, you might be authorised to stay beyond the 90-day period if your application was submitted before this deadline and is still pending.

If you do not manage to secure a change of employer or change of status within the 90-day period, and you do not have a document giving you the right to stay based on a pending application, you will have to leave Belgium. It is important that you do so in order to remain compliant and avoid negative effects on future immigration applications or travel to Belgium. Once you have left Belgium, you can always submit an immigration application with a Belgian consular post abroad and return to Belgium on that basis.

What does this mean for our case study?

• If you lose or leave your job, assess your options carefully and act quickly.
• If you wish to keep living in Belgium, you should consider finding a new employer who is willing to submit a new Single Permit application. You could also explore changing to a different residence status for which you are eligible, such as self-employed worker, student or dependent family member.
• Be mindful of the 90-day limit for remaining in Belgium and the risks involved in overstaying.

4. Can I upgrade my Single Permit and get unlimited access to the Belgian labour market?

Single Permit holders can gain unlimited access to the Belgian labour market, but it takes time.

In the Brussels-Capital Region, you are also eligible for a Single Permit with unlimited access to the labour market after four years of employment as a holder of a single permit or work permit within a period of 10 years preceding the application. A Single Permit with unlimited access to the labour market allows you to work for any employer in Belgium in any function. It does not however allow you to undertake self-employed activities. More information can be found here.

• As a general rule the required period of employment is four years, but this period is reduced by one year if your spouse, your registered partner or your children are lawfully residing with you in Belgium.
• This period is also reduced by one year for citizens of a country that has concluded employment agreements with Belgium. This does not apply to UK citizens as there is currently no such international agreement in place between Belgium and the UK. (The counties in question are Algeria, Bosnia and Herzegovina, Kosovo, Macedonia, Morocco, Montenegro, Serbia, Tunisia, Turkey).
• Some types of employment are excluded from the calculation of the required period, such as employment as a seconded employee, as a trainee, or as a specialised technician.

You are also eligible for EU long term residence status (L-card) once you have resided in Belgium legally and continuously for past five years. EU long term residence status is unconditional and thus allows you to undertake any professional activity you wish. It can only be rescinded in exceptional circumstances and in case of absence from the European Union for more than twelve consecutive months or from Belgium for more than six years.

• Periods of residence as a student are only counted half.
• Periods of residence considered as temporary in nature, such as stay a as a seconded employee or a seasonal worker, are not taken into account.

What does this mean for our case study?

• If you wish to upgrade your Single Permit status to allow for unlimited access to the labour market, you should make careful plans for the years ahead.
• Make sure that you comply with minimum continuous residence and employment requirements.

THE BREXIT BRIEF

Welcome to the Brexit Brief! In this newsletter for UK citizens living in Brussels or thinking of moving here, we explore some of the more complicated aspects of life after Brexit. Each edition starts from a puzzling everyday question, using it as a chance to present the rules that UK citizens should know about. Some newsletters are relevant for M-Card holders, some for those arriving after Brexit, and some for all UK citizens. This newsletter is part of a project funded by the EU’s Brexit Adjustment Reserve, in which we are also developing a series of webinars and an online Brexit Helpdesk. To receive this monthly newsletter straight to your inbox, sign up today!

PROJECT FUNDING

These pages, webinars and newsletters have been developed in a project funded by the EU’s Brexit Adjustment Reserve.