You must submit an application at the commune where you habitually reside with the following documents:
- a copy of your valid residence document (appendices 8, E or E+ card)
- a valid identity card or passport
- an extract from the criminal record which is not older than 6 months (as of 01/01/2021 with apostille).
The extract from the criminal record can be a Belgian extract or an extract from the United Kingdom's criminal record (police records) or the country where you usually stayed before coming to Belgium. You submit the extract most relevant to your situation. Remember to provide a legalized translation of this extract from the criminal record if it is not in Dutch, French, German or English.
If you do not submit all the documents at the time of submitting your application, you must complete your application as soon as possible and at the latest within 3 months of submitting it. It is important that your application is complete so that you can receive a decision and your new residence card as soon as possible. If you do not do this, you run the risk of your application being declared inadmissible.
Once you have submitted your application, you will receive an attestation for beneficiaries of the Withdrawal Agreement guaranteeing your rights pending receipt of your electronic card for beneficiaries of the Withdrawal Agreement. You can use this certificate both in Belgium and when you are travelling outside of Belgium.
If you have submitted all these documents and your extract from the criminal record is blank, the commune itself will take a positive decision and apply for your new residence card for beneficiaries of the Withdrawal Agreement. You will be able to obtain it in the commune as soon as the electronic residence card for beneficiaries of the agreement on withdrawal (M card) is ready.
If this is not the case, it does not automatically mean that your application will be refused but the Immigration Office will examine the application further and take a decision. As soon as the Immigration Office has taken a decision, it will be notified to you by the commune and, if the decision is positive, the commune will request your new residence card for beneficiaries of the Withdrawal Agreement. You will be able to obtain it in the commune as soon as the electronic residence card for the beneficiaries of the Withdrawal Agreement (M card) is ready.
Until 31 March 2022 at the latest, you may continue to use your valid old residence card (E, E+ card) pending obtaining your new electronic residence card for beneficiaries of the Withdrawal Agreement. As from 31 December 2020, this document only shows that you must be considered provisionally as a beneficiary of the Withdrawal Agreement. As free movement for UK nationals expires on 31 December 2020, this card will no longer cover rights that belong only to Union citizens.
Until 31 December 2021 at the latest, you can continue to use your valid old residence card (E, E+ card) to travel and prove at the border that you can be considered provisionally as a beneficiary of the Withdrawal Agreement in Belgium.
To submit your application, you must apply to the commune where you habitually reside:
- your valid identity card or passport;
- an extract from the criminal record not older than 6 months (as of 01/01/2021 with apostille);
- proof that you have made use of your right to free movement as an economically active person (as an employee or self-employed person), or as a provider of sufficient means of subsistence or as a student. For this purpose, the same means of evidence will be accepted as for Union citizens:
- Worker: a declaration of recruitment or employment in accordance with the model set out in annex 19bis (the employer's certificate) or an employment contract;
- Self-employed person: you must submit proof of your enrolment in the Crossroads Bank for Enterprises, with a company number, or proof that you are exempt from it. Also proof that you are affiliated with a social insurance fund for the self-employed by means of a model certificate;
- Jobseeker: proof that you are looking for work (registration with the competent employment service (VDAB, ACTIRIS, FOREM or ADG) or copies of application letters and proof that you have a real chance of finding work;
- proof that you have sufficient means of subsistence (social security benefit (in Belgium or in another Member State), income from work in another Member State, means of subsistence obtained via a third party,...) and proof of sickness insurance (proof Belgian mutual health insurance, private sickness insurance, foreign public sickness insurance);
- Student: proof that you are enrolled at an organised, recognised or subsidised institution, proof that you have sufficient means of subsistence, proof that you have sickness insurance (proof of Belgian mutual health insurance, private sickness insurance, foreign public sickness insurance).
If you are unable to provide any of these proofs but still believe that you meet the conditions to be recognised as a beneficiary of the Withdrawal Agreement, you may prove this with all possible evidence. The Immigration Office will examine your application and check whether you have provided sufficient proof of having resided in Belgium in accordance with Union law before the end of the transition period.
Both a valid identity card and a valid passport will be accepted.
The extract from the criminal record will, in principle, have to be an extract from the United Kingdom's criminal records (police records) or the country where you habitually resided before coming to Belgium. You will submit the extract most relevant to your situation. Remember to provide a legalised translation of this extract from the criminal record if it is not in Dutch, French, German or English.
If you do not submit all the documents by the time you submit your application, you must complete your application as soon as possible and at the latest within 3 months of submitting it. It is important that your application is complete so that you can receive a decision as soon as possible and receive your new electronic residence card for beneficiaries of the Withdrawal Agreement (M card). If you do not do this, you risk the application being declared inadmissible.
Once you have submitted your application, you will receive a certificate for beneficiaries of the Withdrawal Agreement guaranteeing your rights pending your electronic residence card for beneficiaries of the Withdrawal Agreement (M card). You can use this certificate both in Belgium and when you are travelling.
As soon as the application is complete, the commune will forward it to the Immigration Office, which will examine it further and take a decision. Once the Immigration Office has taken a decision, the commune will notify you and, if the decision is positive, the commune will apply for your electronic residence card for beneficiaries of the Withdrawal Agreement (M card). You can go to the commune to obtain it as soon as the card is ready.