Single permit of third country nationals – EU free movement | Paulina Boamah A-LAW International Law Firm

Single permit of third country nationals – EU free movement

法律新闻

Certain conditions must be met in order to be legally entitled to work in Belgium. These conditions depend on :

- your nationality and country of residence;

- the duration of your stay in Belgium;

- the status under which you will work in Belgium.

 

A single permit is required for employment for more than 90 days. The single permit is granted to certain categories of employees. Different conditions and procedures apply to each category.

A single permit of unlimited duration is issued to two groups of foreign employees.

a. Foreign nationals who have a legal residence in Belgium and who have proven that they have worked in Belgium for four years during five years immediately prior to the application. This four-year work in Belgium must have been performed on the basis of work permits B and / or other work permits;

 

b. Foreign employees, in the 18 months prior to their application, who have worked for 12 months as a long-term resident[1].

 

Free movement of employees

The free movement of employees entails equal treatment, including in terms of access to work, working conditions and in terms of tax and social issues. The right of residence is extended to the employee's family members.

 

Detachment

With detachment, the employee works temporarily in a country other than the country where the employer is based. Wages and working conditions of the country where one works applies.

As a result of the case law of the European Court of Justice[2], third-country nationals who have a valid work and residence permit in one Member State are free be detached to other EU Member States. This is possible without the employer or self-employed person being hindered in his right to free movement of services, by imposing any permit requirements for third-country nationals in their service.

 

[1] As a third-country national you can apply for the status of "long-term resident". You can apply for the status or the right of residence in a second Member State throughout the European Union.

Once you have the status of long-term resident, you can apply for a right of residence in a second, different EU member state.

[2] Van der Elst 1994, recently confirmed in the Daniëli judgment 14 November 2018 - C-18/17.

 

 

For more information please consult Attorney-At-Law Ms. Paulina Boamah at info@a-law.eu or fill in our online contact form.

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