Prior Limosa declaration of employment

Attention must be paid to the Limosa registration obligation when employing a foreign national or developing self-employed activities in Belgium.

To simplify the administrative formalities related to the employment of foreign nationals, the Belgian government has adopted a number of measures jointly referred to as "Limosa" (Dutch abbreviation for cross-country information system).

In the long run, the Limosa project will lead to the creation of an electronic platform through which one can apply for various permits. For now, the Limosa project adds an additional administrative obligation for employers. The first step of the Limosa project places an obligation on employers that employ foreign nationals in Belgian territory and self-employed individuals that perform their activities on Belgian territory to communicate information regarding the professional activities to the Belgian government (i.e., through a mandatory prior electronic notification of employment/self-employed activities).

The mandatory Limosa notification applies to all employees and self-employed individuals who temporarily or partially work in Belgium and usually work in another country or are hired abroad. There are various exemptions from the mandatory notification including (subject to certain conditions) short-term business travel, scientific congresses, foreign government personnel and the assembly and installation of goods.

The Limosa declaration should be made online at www.limosa.be, prior to the start of employment in Belgium. A declaration certificate (Limosa-1) is immediately available and can be downloaded or printed.

A company with operations in Belgium that uses the services of the foreign nationals or self-employed individuals, directly or indirectly, must verify whether the Limosa obligation has been complied with prior to the start of the professional activities in Belgium by delivering the Limosa-1 declaration.

Noncompliance with the Limosa registration can result in substantial criminal sanctions and monetary penalties for both the foreign employer and the Belgian user of the services.

Identity card for foreign nationals

After legally residing in Belgium for an uninterrupted period of three to five consecutive years and subject to certain conditions, non-EEA nationals can obtain an "identity card for foreign nationals" or a residence permit for an indefinite term at their local commune of residence. Foreign nationals can work in Belgium with a residence permit for an indefinite term or with an identity card for foreign nationals without obtaining a work permit.

Type A work permit

Under the former regime, a foreign national who could demonstrate four years of relevant professional work experience was eligible for a type A work permit (which allowed the employee to benefit from indefinite employment with any Belgian employer). The four-year period was reduced to three years in some circumstances (e.g., under a type B work permit combined with a legal and uninterrupted residence in Belgium during the 10 years immediately preceding the application).

The unlimited work authorizations must now be applied for via the new single permit procedure. The previous applicable conditions and requirements remain more or less the same in each region. Foreign nationals that have obtained the status of long-term resident in another member state, are in possession of a legal residence permit in Belgium and can demonstrate 12 uninterrupted months of work are also eligible under certain conditions, which can vary from one region to another.

Planned legislative change