Belgium – Intra-corporate transferee (ICT)

You work for a company established outside the European Union (EU) and you are going to be transferred to a branch in Belgium? You can find information below on the conditions, procedures, rights and mobility you can enjoy during your stay.

Please note that Directive 2014/66/EU has not yet been fully transposed into national law. The information in this section is not yet applicable.

You can enter, reside and work in Belgium as an intra-corporate transferee if you are a manager, specialist or trainee employee. The definitions and conditions of admission are governed by the EU Directive on intra-corporate transfer (Articles 3 and 5 of Directive 2014/66/EUSearch for available translations of the preceding link). If you fulfil the conditions, you will be issued an Intra-Corporate Transferee permit.

Please note that before being transferred from a company branch located outside of the EU to a branch in Belgium you must have been employed by that company for 3 months (6 months for managers and specialists in the Brussels Capital Region).

Apart from the ICT permit, you can also apply for a single permit to participate in a professional training in a company in the framework of a training agreement with your foreign employer. Consult the website of the competent regional authority for more information about these special categories.

Where and how to apply

Decision

You can introduce a request for a single permit for residence and work through your host company. The application must be submitted to the department of economic migration of the region where the host company is based: Flanders, Wallonia, Brussels Capital Region or the German-speaking Community.

To apply for a single permit, your host company needs to submit a number of documents, including proof of payment of the administrative feeSearch for available translations of the preceding link (see ‘Documents required’). Your application is assessed by the competent regional authority and the federal Immigration Office.

The regional and federal authorities need to take a decision within 90 days.

If the regional authority grants an authorisation to work and the Immigration Office grants an authorisation to stay, you receive a decision to grant a single permit (annex 46) from the Immigration Office.

If one or both of the authorities fail to take a decision, you receive a certificate to grant a single permit (annex 47) from the Immigration Office.

If one or both of the authorities reject your application, you receive a decision to reject a right of residence (annex 48).

Visa D

To obtain a visa D to travel to Belgium, you need to present your annex 46 or 47 and international passport and submit a visa applicationSearch for available translations of the preceding link to the Belgian diplomatic or consular postSearch for available translations of the preceding link of your place of residence.

The authorities take your fingerprints and a digital photo.

You can check the status of your visa application online by entering your reference number and the location of the diplomatic or consular post.

Documents required

To apply for an authorisation to work and stay, your host company must submit:

Further requirements ICT permit

After your arrival in Belgium, you need to register at the municipality of your place of residence within 8 working days.

You receive a temporary residence document (annex 49) pending the residence check to be executed by the authorities.

If the residence check is positive, the municipality issues a single permit for a limited period of time (A-card).

Duration of validity of permit

The ICT permit is valid for the duration of the transfer, for a maximum period of 3 years for managers and specialists and of 1 year for trainee employees.

After this period, the transferee will need to leave the Member State territory for 3 months before being able to apply for a new ICT permit.

Appeals

If your application for authorisation to work has been rejected by the regional authority, your host company can appeal this decision before the competent appeal body within 30 days after you received the decision. You can lodge an appeal against this decision before the Council of State within 60 days after you received the decision.

If your application for authorisation to stay has been rejected by the Immigration Office, you can appeal this decision before the Council for Alien Law Litigation (CALL) within 30 days after you received the decision.

Extension or renewal

You need to apply for renewal at the latest 2 months before your single permit expires.

If your authorisation to work has been granted for a limited period of time, you need to apply for renewal of the single permit to the regional authority.

If your authorisation to work has been granted for an unlimited period of time, you need to apply for renewal of the permit to your municipality.

Change of status

If your personal situation or purpose of stay changes during your legal stay in Belgium, you can apply for most other statuses.

Family members

Your family members have a right to stay in Belgium if they meet the conditions for family reunificationSearch for available translations of the preceding link.

Other rights

A person with an ICT permit benefits from equal treatment with nationals of Belgium in what regards freedom of association; recognition of diplomas and professional qualifications; provisions regarding social security (with conditions); access to goods and services (with exceptions).

No information available at the moment.