[Article 61/1/2 of the Act of 15 December 1980]
Third-country nationals authorised to stay in Belgium for more than 90 days in a student capacity, and who wish to continue to reside in Belgium in this capacity, must ask the municipal administration of their place of residence to renew their residence permit no later than 15 days before the expiry of his A card.
[Article 103 of the Royal Decree of 8 October 1981]
Students must attach the following documents to their application:
- a copy of their valid passport or a copy of an equivalent travel document;
- a certificate drawn up [in accordance with the model of the standard form established per the ministerial decree of 28 March 2022] by an institution of higher education, proving that they are enrolled there to pursue higher studies;
- proof that they have sufficient means of subsistence for their stay to avoid becoming a burden on the Belgian social assistance system during their stay;
- proof that they have health insurance covering risks in Belgium;
- an attestation demonstrating the progress of studies and [in accordance with the template of the standard form established per the ministerial decree of 28 March 2022] prepared by the higher education institution.
If the renewal application is submitted by the deadline and all documents are attached, the municipal administration will issue a receipt to the student. [Annex 33ter of the Royal Decree of 8 October 1981]
If the application for renewal is not submitted within the deadline, the municipal authority may declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981]
If the renewal application is submitted within the deadline but not all documents are attached, the municipal administration will inform the student in writing of the missing documents to be submitted. The student has a period of 15 days, from the date in the letter from the municipal administration, to submit these missing documents . If the student submits the missing documents within the 15-day period, he will receive a receipt. However, if he does not submit the missing documents within the deadline, the municipal authority may, on the other hand, declare the application inadmissible. [Annex 29 of the Royal Decree of 8 October 1981].
[Article 103, §§ 3 and 5, of the Royal Decree of 8 October 1981]
The municipal administration may immediately renew the A card of the student whose application is admissible, who meets all the conditions to maintain student status and who does not excessively prolong his studies .
If the municipal authority sends an admissible application for renewal to the Immigration Office, it must make a decision within a period of 90 days from the date of the receipt handed over to the applicant who has submitted a complete file.
If the Immigration Office cannot make a decision before the A card expires, the municipal administration will hand the student a certificate provisionally covering his stay in Belgium. This certificate is valid for 45 days and can be renewed twice for the same period. [Annex 15 of the Royal Decree of 8 October 1981]
[Article 61/1/2 of the Act of 15 December 1980]
The A card of the student who does not find himself in one of the cases referred to in Article 61/1/4 of the Act of 15 December 1980 shall be renewed.
[Article 61/1/4 of the Act of 15 December 1980]
In the following cases, the Immigration Office shall terminate or refuse an application for renewal of the student residence permit:
- the student no longer meets the conditions to retain student status;
- the stay serves purposes other than studying.
On the other hand, the Immigration Office shall revoke the residence permit as a student if the student used false or misleading information or false or forged documents, or committed fraud or used other illegal means that contributed to obtaining the residence.
In the following cases, the Immigration Office may also terminate the authorisation to reside as a student, or refuse an application for renewal of such authorisation:
- the student excessively prolongs his studies;
- the student engages in an illegal professional activity or works in excess of that provided for in Article 10, 2° of the Royal Decree of 2 September 2018 implementing the Act of 9 May 2018 on the employment of foreign nationals in a specific situation of residence;
- the student is deemed to pose a threat to public order, national security or public health;
- the higher education institution where the student is enrolled has not fulfilled its legal obligations regarding social security, taxes, workers' rights or working conditions;
- the higher education institution where the student is enrolled has been penalised for undeclared work or illegal employment;
- the higher education institution in which the student is enrolled is established or operates with the main purpose of allowing third-country nationals to enter the Kingdom;
- the higher education institution in which the third-country national is enrolled is subject or has been subject to liquidation or bankruptcy or no economic activity is taking place.
If the Immigration Office intends to terminate a student's stay or not renew his/her authorisation to stay for a reason related to the institution of higher education, the student may apply to pursue equivalent studies at another institution of higher education to allow him/her to complete his/her studies.
The student has a period of 30 days, from the moment he is notified of the Immigration Office's intention, to submit a new certificate prepared [in accordance with the model of the standard form laid down by ministerial decree] by an institution of higher education proving that he is registered to pursue higher studies.
Until the Immigration Office has made a final decision on his application, the student is authorised to stay in Belgium.