Researchers

 

From 1st of March 2023:

Third-country nationals, who are linked with a hosting agreement to a research organization recognized in Belgium, can benefit from new legislation regarding the researchers.

In order to carry out a research activity in Belgium, the third country national will need an authorisation for researcher.

This authorisation of researcher should be applied for by the recognized research organization at the competent regional government through the single permit application.

When the recognized research organization submits this application, the researcher has to be, in general, in the country outside the EU. Only if the third country national already has been authorised for a short stay (i.e. maximum of 90 days) long stay (i.e. more than 90 days) in Belgium, an exception is made and third country national may already be on Belgian territory at the time the recognized research organization applies for the authorisation.

 

Submission of an application for authorisation for researcher (single application procedure)

The application procedure for an authorisation for researcher is a "single application procedure", where the authorisation includes both the authorisation to stay (“residence” component) and the authorisation to work (“work” component). For the authorisation, the supporting documents for both the work component and the residence component must be submitted with the same application. The Immigration Department is the competent authority for the "residence" component and will assess the application in this regard. The "work" component is assessed by the regional authority competent for employment.

The recognized research organisation applies for this authorisation for researcher to the competent regional authority through the single permit application.

The research organisation shall attach the following documents relating to the stay to the application:

  • proof of payment of fee;
  • a copy of the valid passport or a copy of an equivalent travel document;
  • the hosting agreement, concluded with a research organization recognized in Belgium;
  • sufficient resources to cover subsistence costs without having recourse to the Belgian social assistance system, and return travel costs;
  • a medical certificate proving that he does not suffer from any of the diseases listed in the Annex to the Act of 15 December 1980 ;
  • if the researcher is over eighteen years of age, an extract from the criminal record or an equivalent document, and where appropriate its legalised translation, issued by the country of origin or the country of his last residence, which is not older than six months and confirms that the researcher has not been convicted of crimes or misdemeanours of common law;

These documents should at least reflect the following information:

  • Belgian diplomatic or consular post where the visa will be applied for;
  • Personal e-mail address of the researcher and e-mail adess of the research organization

If the documents are in a language other than German, English, French or Dutch, the documents submitted must be accompanied by a legalised translation into one of these four languages.

Examination period

If all the documents are attached to the application, the regional authority responsible for employment examines the admissibility. Once declared admissible, the Immigration Office and the regional authority must take a decision at the latest within 60 days.

However, if not all the required documents are attached to the application, the applicant will be asked to supplement the file with the missing or additional documents within 15 days. The examination period will be suspended during this additional period.

Attention: Given the 60-day examining period, it is therefore best for the employer to submit the application to the regional authorities at least 60 days prior to the desired start date of the research activity. If the researcher is already legally residing in Belgium, it is best submitted at least 60 days before the expiry of this stay.

If the researcher is still on outside the EU, a visa will be needed in order to travel to Belgium. When the researcher has received a positive decision, the researcher can apply for the visa.

This visa (visa D) should be requested at the Belgian diplomatic or consular post in the country where the researcher is staying. The researcher will need a valid passport (or equivalent travel document) and the positive decision from Belgium granting the authorisation for researcher. The latter is a so-called "Annex 46" and is delivered to the specified residential address abroad.

The visa will state that it is a researcher visa through the mention of “B13” and is valid for more than 90 days.

The list of Belgian embassies and consulates is published on the FPS Foreign Affairs site (www.diplomatie.belgium.be).

Note: In most countries, embassies and consulates work with an external service provider (VFS Global or TLS Contact). This service provider manages appointments and receives visa applications. It is strongly recommended to read the practical information published on the service provider's site before taking any steps.

Provisional residence document (annex 49)

After arriving in Belgium, the researcher has to go to the municipal administration of the place of residence as soon as possible, and at the latest within 8 working days, for the registration in the foreigners' register.

The municipality will send a district agent to check if the researcher is staying at the specified place of residence. If this check is positive, the researcher will receive an authorisation for researcher.

However, since it takes some time to create the electronic card of this authorisation (a so-called A card), the municipality will issue a provisional residence document (a so-called "Annex 49").

The provisional residence document (Annex 49) is valid for 45 days and can be extended by the same duration each time until the authorisation for researcher is issued.

Note: It is recommended to take into account the possible waiting period to obtain an appointment at the municipal administration.

Right of residence as a researcher

The authorisation for researcher (A-card) contains both an authorisation to stay and an authorisation to work. The granted duration of authorisation to stay is equal to the granted duration of authorisation to work by the regional authority competent for employment. The duration of the authorisation to work thus determines the duration of the entire authorisation for researcher and is determined by each regional government in its legislation on employment of foreign workers. The regional authority will take the duration of the hosting agreement into consideration.

The duration of the authorisation for researcher will be limited to the duration of the authorization to work, based on the duration of the hosting agreement.

The authorization can be renewed.

Submission of renewal application for authorisation for researcher (single permit)

If the research organization wants the researcher to continue researching after the end of the initial hosting agreement, the research organisation can request the renewal of the authorisation for researcher from the regional authority responsible for employment.

This renewal should be applied for no later than the day of the expiry of the first authorisation for researcher.

The researcher organisation shall attach the following documents to the application:

  • proof of payment of fee;
  • a copy of the valid passport or a copy of an equivalent travel document;
  • the renewed hosting agreement concluded with a research organization recognized in Belgium;
  • sufficient resources to cover subsistence costs without having recourse to the Belgian social assistance system, and return travel costs.

If the documents are in a language other than German, English, French or Dutch, the documents submitted must be accompanied by a legalised translation into one of these four languages.

Examination period

If all the documents are attached to the application and the application has been declared admissible, the regional authorities responsible for employment and Immigration department start the examination of the application. As soon as possible, but at the latest within 60 days, the authorities take a decision on this application.

However, if not all the required documents are attached to the application, the applicant will be asked to supplement the file with the missing or additional documents within 15 days. As long as the application is not supplemented and complete, the 60-day processing period will be suspended.

If the authorisation for researcher expires during the renewal procedure, the researcher will receive a provisional residence document (annex 49) allowing the researcher to stay in Belgium pending the decision on renewal. To this end, the researcher must present the decision of admissibility of the regional authority and the old authorisation for researcher. The provisional residence document is valid for 30 days and can be renewed once with the same period.

Important note: Given the 60-day processing period, it is therefore best for the employer to submit the renewal application to the regional government at least 60 days prior to the renewal application.

Renewal of the authorisation for researcher

When a positive decision has been taken to renew the authorisation for researcher, the researcher will receive an annex 46. The researcher will have to present this annex to the municipal administration and apply for renewal of the authorisation. The mayor or his delegate will renew the authorisation (A-card) immediately after the researcher has submitted this Annex 46.

The permissible length of stay depends on the permissible length of authorisation to work.

The research project comes to an end

If the hosting agreement is not renewed and comes to an end, the researcher can apply for an orientation year in Belgium in order to seek employment or to start a business.

The hosting agreements will be extended

If research organisation wants the researcher to continue the research after the initial hosting agreement ends, the research organization can apply for the renewal of the authorisation for researcher. (See above)

Getting hired as an employee

If the researchers finds work as a ‘normal’ employee (and not as a researcher), he must apply for a single permit .