Duration of stay
EU citizens who have resided in Belgium for an uninterrupted period of five years, starting from their registration in the waiting list register, can request a document proving the permanence of their stay from the municipal authority of their place of residence. [ to the Royal Decree of 08/10/1981]
Admissibility of the permanent residence application
The municipal authority declares the application of the EU citizen inadmissible if he/she has not resided in Belgium for at least five years since his/her registration in the waiting list register and if he/she does not submit the documents which prove that he/she can benefit from one of the derogations described in article 42sexies, § 1er of the Law of 15/12/1980. [Annex 23 to the Royal Decree of 08/10/1981]
If the EU citizen invokes one of the derogations provided for in Article 42sexies, § 1 of the Law of 15/12/1980, the municipal administration forwards the application to the Immigration Office. The Immigration Office must make a decision within five months from the date on which Annex 22 was issued by the municipal administration.
Examination period
The municipal authority forwards the application for permanent residence of an EU citizen who has resided in Belgium for at least five years from the date of registration in the waiting list register to the Immigration Office. The Immigration Office shall take a decision within five months from the date of submission of annex 22.
Recognition of the right to permanent residence
If the Immigration Office or the municipal authority recognizes the right of residence, the municipality gives the EU citizen a provisional document proving permanent residence [annex 8quater to the Royal Decree of 08/10/1981]. Subsequently, the municipality issues a document proving his permanent residence to the EU citizen [EU+ card].
If the right to permanent residence is not granted, the municipal administration notifies the EU citizen of the decision taken by the Immigration Office. [Annex 24 to the Royal Decree of 08/10/1981]
Temporary residence document
If the EU citizen's residence document expires during the examination of his/her application for permanent residence, the municipal authority will give him/her a provisional residence document. The validity of this document corresponds to the remaining period of the five-month deadline within which the decision on granting the right to permanent residence must be made.
Temporary absence
The continuity of residence is not affected by temporary absences not exceeding a total of six months per year, nor by longer absences for the fulfilment of military obligations or by one absence of up to twelve consecutive months for important reasons, such as pregnancy and childbirth, serious illness, study or vocational training, or secondment for professional reasons outside the Kingdom.
Loss of the right to permanent residence
Once acquired, the right of permanent residence can only be lost by an absence from Belgium of more than two consecutive years.