Right of residence for more than three months (long-term stay)

The following outlines the procedure that an EU citizen must follow if they wish to stay in Belgium for more than three months. It includes details on the necessary documents to submit with the application, the deadlines to be respected, and the various documents issued by the municipal administration of their place of residence.

Any who proves that he/she is an EU citizen, can stay in Belgium for more than three months if he/she meets one of the following conditions: 

  1. Is an employee or a self-employed person in Belgium;
  2. Has entered Belgium to seek employment and proves that he/she is seeking further employment and has a good chance of being hired;
  3. Has sufficient resources to avoid becoming a burden on the social assistance system in Belgium during his/her stay, and has health insurance covering all risks in Belgium;
  4. Is enrolled at an organized, recognized or subsidized educational institution for the main purpose of following a course of study, including vocational training, and has health insurance covering all risks in Belgium, and assures, by means of a declaration or by such equivalent means as he/she may choose, that he/she has sufficient resources not to become a burden on the social assistance system during his/her stay in Belgium.

EU citizens wishing to reside in Belgium for more than three months must submit an application for a declaration of registration to the municipal authority of their place of residence, at the latest after the expiry of the three-month period from the date of arrival in Belgium [Annex 19 to the Royal Decree of 08.10.1981].

Good to know:
The Immigration Office may impose an administrative fine of 200 euros on EU citizens who do not submit their application before the expiry of this three-month period.

The municipal authority registers the EU citizen who proves to be a national of an EU Member State in the waiting list register. If the EU citizen is actually residing in the municipality (positive residence check), the municipal authority registers him/her in the foreign nationals register.

The municipal authority shall not take into account the application for a declaration of registration of EU citizens who do not prove that they are a national of an EU Member State.  [Annex 19 quater to the Royal Decree of 08/10/1981]

Good to know:

an EU student who wishes to stay in Belgium for more than three months, up to a maximum of six months, within the framework of a European Union programme, a multilateral programme involving mobility measures, or an agreement between two or more higher education institutions, is entitled to a simplified procedure.

They have a three-month period to apply for a residence document, by providing proof of EU citizenship and evidence of participation in one of the aforementioned programmes.

The right to stay for more than three months is granted through a document in accordance with Annex 3septies of the Royal Decree of 08/10/1981. This document is issued free of charge and remains valid for the duration of the studies, without requiring registration in the waiting register or the foreigners register.

[Article 51, § 4 of the Royal Decree of 08/10/1981]

 

EU citizens must submit the documents proving that they have the right to reside in Belgium for more than three months in support of their application for a declaration of registration, at the latest within three months after submitting this application.

 

   Possible statutes to be a beneficiary of the right of residence for more than three months
   Documents to be submitted in support of the application for the declaration of registration (annex 19)

 
  1. Employee
  • an employer’s declaration or employment contract [Annex 19 bis to the Royal Decree of 08/10/1981]
  1. Self-employed person 
  • proof of registration in the Kruispuntbank van Ondernemingen [Crossroads Bank for Businesses, equivalent to the Companies Register], with business number 

Good to know:
The self-employed person must join a social insurance fund for self-employed persons.  However, proof of this affiliation is sent directly by the chosen fund to the municipal authority of the place of residence.    
  1. Job-seeker
  • proof of registration with the competent employment service or a copy of the cover letter; and
  • any other document showing that you have a reasonable chance of finding employment, taking into account your personal circumstances, such as diplomas, any past or future professional training and duration of unemployment.
  1. Person with sufficient resources to avoid becoming a burden on the social assistance system in Belgium during the stay, and proof of health insurance covering all risks in Belgium;
  • proof of sufficient means of subsistence taking into account, among other things, an invalidity allowance, an early retirement pension, an old-age allowance or an allowance from the insurance against accidents at work or occupational diseases; and
  • proof of a health insurance:  EHIC (European Health Insurance Card), private insurance, S1 form, registration with a Belgian health insurance fund....
  1. Student enrolled at an organized, recognized or subsidized educational institution for the main purpose of following a course of study, including vocational training
  • proof of enrolment at an organized, recognized or subsidized educational institution; and
  • proof of a health insurance: EHIC (European Health Insurance Card), private insurance, S1 form, registration with a Belgian health insurance fund....; and
  • a declaration that proves that he/she has sufficient means of subsistence, or any other equivalent means that demonstrates that he/she has sufficient means of subsistence.
  1. Family member of an EU citizen who is himself an EU citizen [article 40bis or 40ter of the Law of 15/12/1980]. 
  • More info on the right of entry and residence in Belgium of family members of an EU citizen 

 

The municipality shall refuse the application of EU citizens who do not submit all the documents proving that they are authorized to reside in Belgium for more than three months, to substantiate their application, and this at the latest within three months after submitting this application.  [Annex 20 to the Royal Decree of 08/10/1981]

The municipal authority provides an additional period of one month for the EU citizen, from the notification of the refusal of the application, to present the missing documents.

If the EU citizen has not submitted the missing documents by the time this new one-month period expires, the municipal authority shall stick to its decision.

The municipal administration may recognize the right of residence of an EU citizen who has proven their entitlement to stay in Belgium for more than three months in the following situations:

  1. is an employee or self-employed person;
  2. has sufficient means of subsistence, insofar as proof of sufficient means of subsistence is provided by means of an invalidity allowance, an early retirement pension, an old-age allowance or an allowance from the insurance against accidents at work or occupational diseases;
  3. is enrolled at an organized, recognized or subsidized educational institution for the main purpose of following a course of study;
  4. is a spouse or partner bound by a registered partnership equivalent to marriage, within the meaning of Article 40bis, § 2, first paragraph, 1° of the Law, insofar as the blood relationship or affinity is proven by means of official documents, in accordance with Article 30 of the Law of 16 July 2004 on the Code of Private International Law or with the relevant international agreements;
  5. is a descendant under 21 years of age, within the meaning of Article 40bis, § 2, first paragraph, 3°, of the Law, provided that the blood relationship as well as the right of custody and, in the case of shared custody, the agreement of the other holder of the right of custody, are proven by official documents in accordance with Article 30 of the Law of 16 July 2004 on the Code of Private International Law or with the relevant international agreements.

The municipality issues a provisional document proving his/her registration to the EU citizen [annex 8ter to the Royal Decree of 08/10/1981].

Subsequently, the municipality issues a document proving his/her registration to the EU citizen [EU card]. 

Good to know:
An EU citizen who works in Belgium but does not reside there (frontier worker) does not receive a residence card.  How can I use the online services of the government without eID?  See Identification without eID | Help Centre (belgium.be)

The municipality that has not recognized the right of residence for more than three months of an EU citizen, shall send the application for a declaration of registration to the Immigration Office.  [Annex 19 to the Royal Decree of 08/10/1981]

The Immigration Office must decide to grant or deny the right to stay in Belgium for more than three months no later than six months after the application date.

If the Immigration Office recognizes the right of residence, the municipality gives the EU citizen a provisional document proving his/her registration [annex 8ter to the Royal Decree of 08/10/1981].  Subsequently, the municipality issues a document proving his/her registration to the EU citizen [EU card]. 

If the Immigration Office does not recognize the right of residence, it refuses the application for declaration of registration and, when applicable, issues an .  [Annex 20 to the Royal Decree of 08/10/1981]

Good to know:
An EU citizen who works in Belgium but does not reside there (frontier worker) does not receive a residence card.  How can I use the online services of the government without eID?  See Identification without eID | Help Centre (belgium.be)