Living and working in Belgium as a non-European? With a Single Permit, it is possible!

Are you a Belgian employer looking to hire a foreign employee, or a non-European employee looking to come and live and work in Belgium? Then read this blog post and find out whether the single permit is the answer to your question.

As a law firm specialising in immigration law, we offer legal support to anyone who wants to come and live and work in Belgium with a single permit.

In this blog post, we explain step by step what the combined licence entails, what conditions apply, how to apply and what you can do if your application is refused.

If you still have questions, do not hesitate to contact Oraibi Lawyers.

The Single Permit is a combined residence and work permit in Belgium. Since 2019, third-country nationals can obtain both a work and a residence permit with a single application. This system is intended to simplify and speed up the procedure, making it easier for migrant workers to access the Belgian labour market.

It does not apply to short-term employment (less than 90 days), cross-border workers or au pairs.

An employee is eligible for a single permit only if several conditions are met. Below is an overview of the most important ones:

- Employment conditions: The worker must comply with the specific rules applicable to the type of work or sector (e.g. as a highly skilled worker, seasonal worker, etc.).

- Income conditions: Gross pay should be sufficient to cover one's own living expenses - and possibly those of the family. In 2025, this will be at least €2,070.48 gross per month. For some sectors, such as seasonal work, a different sectoral minimum wage applies. In that case, the wage must follow at least the sectoral scale, even if it is lower than the general minimum.

- Branch office of the employer in Belgium:

• In the Flemish Region the employer must have an establishment or registered office in Flanders.
• In the Brussels region the employer must be active at the time of application. Employers who are bankrupt or recently received sanctions are not eligible. New enterprises must demonstrate that the vacancy is essential for their start-up.

1. Submit application - by the employer
   The employer submits the application via the digital platform Working in Belgium. The application is automatically forwarded to the competent region (Flanders, Brussels or Wallonia).
2. First check: is the file complete?
   The government first checks that the file is complete. This means that all required documents are present and correctly completed. If this is the case, the processing period of up to 4 months starts. A decision must be made within that period.
3. Substantive decision
   - First, the region decides whether the employee can work in Belgium.
   - After that, the Immigration Department (DVZ) will decide whether the worker will also be allowed to stay.

Only if both departments take a positive decision will the combined licence be granted.

How is the combined licence delivered? 

When the employee is still abroad:

The Belgian embassy issues a type D visa.
After arriving in Belgium, the worker reports to the municipality. There, he receives a temporary annex 49, which already allows him to work, pending the electronic residence card (A-card).

When the employee already resides in Belgium:

The municipality immediately delivers a Schedule 49, with which he is already allowed to work. Afterwards, the electronic residence card (A-card) is delivered.

Note: While the application is being processed, the employee is not yet allowed to work. This is allowed only after receiving the Schedule 49 or the electronic residence card.

Even if the application meets the eligibility requirements, it is still possible that the application may be refused . This happens, for example, when:

Documents are missing or the application contains incorrect information;
The application was made by someone who has no right to do so;
Pay and/or working conditions do not meet legal requirements;
The employer is not active (anymore) or was recently sanctioned;
...

If you would like assistance or legal advice in connection with these proceedings, please contact our office to make an appointment. We will be happy to guide you through the entire procedure.

The way you can appeal depends on the stage at which the refusal took place:

• On first inspection (incomplete file):
  You can appeal to the State Council within a 60-day period.
• In case of refusal to work (by the region):
  First, file an administrative appeal with the relevant minister within one month.
  Afterwards, an appeal to the Council of State may be possible.
• On refusal to stay (by the Immigration Department - DVZ):
  You can file an appeal with the Immigration Disputes Board within 30 days.
  Thereafter, a cassation appeal to the Council of State is possible.

Note: The Council of State only examines whether the procedure was legally correct. The substantive assessment is beyond its competence.

Although the application process seems clear on paper, in practice it often proves complex. Many applications are refused or face delays due to administrative errors, incomplete files or unclear labour market needs. Our law firm therefore offers full legal support, including:

• Analysis of whether your profile - or that of your employee - qualifies;
• Guidance on collecting and preparing appropriate documents;
• Representation in case of application rejection or delay;
• Assistance with renewals or change of residence status.

Are you considering hiring a foreign employee, or would you like to come to Belgium as a third-country national? Feel free to contact our office. We will be happy to guide you through the entire procedure.