Can I Relocate to Belgium?
This blog post provides information for individuals residing outside of Belgium, who do not hold Belgian nationality, and are considering relocating to Belgium.
This post defines ‘relocating to Belgium’ as staying in Belgium for over three months. It does not cover short stays or obtaining residence while already in Belgium. The information provided highlights some main pathways for relocation but is not exhaustive. For specific legal advice, consult a qualified lawyer.
PDF versions of this blog post are available in English, French and Dutch.
Different pathways, depending on your nationality
There are different pathways towards relocating to Belgium. Determining which pathway is open to you is not always easy.
A first factor to consider: your nationality.
You are a national of a Member State of the European Union
If you are a national of a Member State of the European Union, you may have a right to relocate to Belgium if one of the following circumstances applies to you:
You are a student
You are a self-employed business owner
You have been offered a job at a Belgium-based company
You want to find a job in Belgium
You will open a business in Belgium
You are financially independent
You are family member of any of the above.
As a national of a Member State of the European Union, you can travel to Belgium without a visa. Upon your arrival, you must notify the municipality that you intend to stay in Belgium for more than three months.
Be careful: while you have extensive rights as a citizen of a Member State of the EU to move to Belgium, these rights come with conditions. For example, you may have to demonstrate that you have sufficient financial resources. Or: if you want to relocate to Belgium to join a family member, you will have to provide documents that prove your family relationship. If you do not meet the relevant conditions, you may be denied a right of residence. The municipality will check if you meet the conditions.
In addition to Belgium, the following countries are Member States of the European Union: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
You are not a national of a Member State of the European Union
If you are not a national of a Member State of the European Union, you may have a right to relocate to Belgium in the following circumstances:
You awre a family member of a Belgian national or a national of another EU Member State ho lives in Belgium
You are a student
You have been offered a job at a Belgium-based company
Your life is in danger in your home country.
If you are a family member of a Belgian national or a national of another EU Member State, you may have a right to relocate to Belgium. Examples of family members who may have a right to relocate to Belgium are children who are 18 years old or younger, and spouses. In some instances, parents may qualify as well. Siblings (brothers and sisters) do not qualify and must look for other options to move to Belgium.
If you are enrolled as a student at a Belgian university or college, you may have a right to move to Belgium for the duration of your studies, as well as an additional year after the successful completion of your studies to allow you to find a job in Belgium. To move to Belgium as a student, you must demonstrate that you have enough money to support yourself during your studies.
If you have been offered a job at a Belgium-based company, you may have a right to relocate to Belgium. Not all job offers grant you a right to relocate to Belgium. You must make a minimum salary, and in many instances your (prospective) employer must convince the government that they could not find a suitable local candidate. Depending on where your employer is based (Brussels, Flanders or Wallonia), different rules apply.
If your life is in danger in your home country, Belgium may be willing to grant you a visa to relocate to Belgium. This is called a humanitarian visa. Receiving a humanitarian visa is a courtesy, not a right. Belgium does not easily grant humanitarian visas. Humanitarian visas are often granted to siblings of refugees when both the refugee and the siblings are less than 18 years old. The application process typically takes a long time (on average nine months). During the process, you may not travel to Belgium yet.
Can I get a visa to travel to Belgium for asylum? While you may qualify for protection, Belgium does not issue visas to request asylum upon arrival. You cannot seek asylum at Belgian embassies or consulates abroad. You may request protection after entering Belgium legally, for example with a humanitarian visa, or illegally.
What steps to take to relocate to Belgium?
If you are a national of an EU Member State, you can travel to Belgium without a visa. You can start the process of registering your stay at your local municipality.
If you are not a national of an EU Member State, you usually need to apply for a visa at a Belgian embassy or through a third-party handling visa applications. If there is no Belgian embassy in your country, you may need to visit one in a nearby country. Most applications require an in-person appointment, which could mean obtaining a visa to travel to the relevant embassy for your visa appointment. You may also need to pay a visa processing fee, and you will have to submit several documents.
There are exceptions to the general rule that you apply for a visa at your nearest embassy:
If you are planning to relocate to Belgium for work, your (future) employer will first need to file an application on your behalf to the responsible regional authorities (Brussels, Flanders, Wallonia). The regional authority will forward the application to Belgium’s immigration office. If the application is successful, you will need to apply for a visa at the nearest Belgian embassy.
In some situations, it is possible to travel to Belgium first and apply for a residence permit later through the municipality. This option is available, for example, if you are a family member of a Belgian citizen or a citizen of another EU Member State. Depending on your nationality, you may need to apply for a short stay visa. While this process is straightforward in many instances, applicants from certain countries may encounter practical challenges. Belgium may deny a short stay visa if it believes the applicant might overstay their visa.
How long can I stay in Belgium?
Depending on your visa, you may have a shorter or a longer right of residence in Belgium.
If you are a national of an EU Member State, you may continue to live in Belgium for as long as you meet the initial conditions. For example, if you relocated to Belgium to join your spouse, you may as a general rule continue to live in Belgium for as long as your relationship with your spouse continues.
If you no longer meet the conditions of your initial right of residence, you may be allowed to remain in Belgium on another ground. For example, you came to Belgium to work. You lose your job, but in the meantime you started studying at a Belgian university. Provided you have adequate health care, you may be allowed to remain in Belgium on that basis. Moreover, after five years of stay in Belgium, you are likely eligible to become a long-term resident. This grants you additional protections against removal.
If you are not a national of a Member State of the EU, the length of your right of residence may differ depending on your visa. If you relocated to Belgium to work, your initial right of residence is tied to your employment: if you lose your job, you may lose your right of residence. If you relocated to Belgium on humanitarian grounds, you may be granted a one year right of residence that can be renewed. As is the case for nationals of a Member State of the EU, after five years of stay in Belgium, you are likely eligible to become a long-term resident. This grants you additional protections against removal.
Can I obtain Belgian citizenship?
Obtaining a visa and a right of residence does not automatically grant you citizenship. Nor does marrying a Belgian national.
Belgium sets several requirements to obtain citizenship. As a general rule, you must have resided in Belgium legally, and without interruptions, for a period of five years. In addition, you may have to prove your integration into Belgian society.
For advice on your specific situation or assistance in applying for a visa, contact Thomas at thomas@verellenlaw.com or book an online appointment on www.verellenlaw.com.
This document has last been updated on 4 October 2024.
