List of situations that are exempted to a work permit

If you are a foreign national in one of the following residence situations (among other the former type C work permit), you do not need to contact Brussels Economy and Employment. To obtain a residence document which will provide access to the labour market, contact the Immigration Office.

People who are allowed to work in Belgium without a work permit because of their residence situation

  • nationals of member states of the European Economic Area, as well as the nationals of the Swiss Confederation 
  • foreign nationals in possession of one of the documents stipulated by the royal decree dated 30 October 1991 with regard to the residence documents in Belgium of certain foreigners for assuming functions that give them the right to obtain these documents
  • the spouse and underage children of the nationals described in the previous indent, if these are nationals of a country bound to Belgium by a reciprocal agreement, and according to the stipulations of this reciprocal agreement
  • only in the framework of their internship contract or their work-linked training, foreign nationals hired as apprentices before they turn 18, bound by an internship contract or a work-linked training contract approved by the competent authority
  • refugees recognised in Belgium
  • only in the framework of a training, foreign nationals who, as a student, complete obligatory trainings in Belgium, for the purposes of their studies in Belgium, in a member state of the European Economic Area or in the Swiss Confederation
  • foreign nationals holding a certificate of registration in the foreigners' register, temporary residence, in accordance with the template in appendix 6 of the royal decree dated 8 October 1981, provided that this document is held by a person belonging to one of the following categories:
    1. apprentices bound by an apprenticeship contract or a work-linked training contract approved by the competent authority, only for the labour in the framework of their apprenticeship or their work-linked training;
    2. people whose residence is authorised for their studies in Belgium, who are enrolled in an educational establishment in Belgium, only for the labour:
      - during school vacations;
      - outside of school vacations, provided that they do not work more than twenty hours a week and that the work can be combined with their studies;
    3. the beneficiaries of an international "work vacation" agreement binding Belgium, within the limits of this agreement;
    4. people whose residence is authorised pursuant to articles 9, 9bis, 9ter and 13 of the law dated 15 December 1980;
    5. people who are granted subsidiary protection status, during the period within which their residence is limited;
    6. people authorised to reside as beneficiaries of the temporary protection referred to in article 57/29 of the law dated 15 December 1980 by the minister in charge of access to the territory, residence, establishment and deportation of non-nationals, or by the minister's delegate;
    7. unaccompanied foreign minors as referred to in article 61/14 of the aforementioned law dated 15 December 1980, in case the recognised sustainable solution is for them to reside in Belgium, in accordance with article 61/20 of the same law.
    8. people who have obtained a positive final decision about a right of residence on the basis of article 10 or 10bis of the aforementioned law dated 15 December 1980, except family members of a student;
    9. people whose residence is authorised in the framework of measures to combat trafficking in human beings;
    10. the spouse and children of nationals holding one of the documents as referred to in the royal decree dated 30 October 1991 with regard to the residence documents in Belgium of certain foreigners for assuming functions that give them the right to obtain these documents
  • foreign nationals holding a certificate of registration in the foreigners' register for an unlimited period, in accordance with the template in appendix 6 of the royal decree dated 8 October 1981
  • foreign nationals holding a foreigner's identity card, in accordance with appendix 7 of the royal decree dated 8 October 1981
  • foreign nationals holding an "EC long term resident" card issued by Belgium, in accordance with appendix 7 of the royal decree dated 8 October 1981 
  • foreign nationals holding a "residence card for family member of a European Union citizen", in accordance with appendix 9 of the royal decree dated 8 October 1981
  • foreign nationals holding a "permanent residence card for family member of a European Union citizen", in accordance with appendix 9bis of the royal decree dated 8 October 1981
  • foreign nationals invoking a right of residence on the basis of article 40bis or 40ter of the law dated 15 December 1980, holding, during the examination period for the recognition application with regard to the right of residence, a document in accordance with the template in appendix 19ter of the royal decree dated 8 October 1981
  • foreign nationals, spouses of Belgians or of nationals of a member state of the European Economic Area, holding a document in accordance with the template in appendix 15 of the royal decree dated 8 October 1981 as a cross-border worker, provided that these people possess, in the state where they reside, a right of residence or a residence permit for over 90 days
  • foreign nationals holding a model A registration certificate, in accordance with appendix 4 of the royal decree dated 8 October 1981, provided that the person holding this document belongs to one of the following categories:
    1. people invoking the privilege of a right of residence on the basis of article 10 or 10bis of the law dated 15 December 1980, during the examination period for the recognition application with regard to the right of residence, with the exception of family members of a student;
    2. people who, within the framework of the fight against human trafficking, have received a residence permit for at least 90 days; 
    3. people seeking international protection (= asylum seekers) who, four months after having submitted their request for international protection, have not received a notification of the decision of the Office of the Commissioner General for Refugees and Stateless Persons to reject the request, until the final decision in the frame of a request for international protection, as referred to in article 1, § 1, 19° of the law dated 15 December 1980.
  • in case of an appeal before the Council for Aliens' Disputes and until a decision is served by this Council, foreign nationals holding a document in accordance with the template in appendix 35 of the royal decree dated 8 October 1981, provided that the document is held by a person belonging to one of the following categories:
    1. people invoking the privilege of a right of residence on the basis of article 40bis or 40ter of the law dated 15 December 1980;
    2. people invoking the privilege of a right of residence on the basis of article 10 or 10bis of the law dated 15 December 1980, except for family members of a student;
    3. asylum seekers who, four months after having applied for asylum, received the authorisation to work, in application of the aforementioned article 18, 3°.
  • foreign officials who fulfil the requirements referred to in articles 4 and 7 to 19 of the royal decree dated 2 september 2018, but who temporarily hold a document drawn up in accordance with appendix 15 of the royal decree dated 8 October 1981 during the period while they are waiting for the delivery of the residence document 

Royal decree dated 2 September 2018 implementing the law dated 9 May 2018 with regard to the employment of foreign nationals in a specific residence situation (in French or Dutch)

Contact information of the Immigration Office
02/793.80.00 (every work day from 10 a.m. until 12 p.m. and from 2 p.m. until 4 p.m.)
infodesk@ibz.fgov.be
https://dofi.ibz.be/sites/dvzoe/FR/Pages/home.aspx

Contact information of the FPS Employment
information@emploi.belgique.be


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