Researcher
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.
Recognised research organisations can be found on this website: https://www.belspo.be/belspo/visa/list_en.stm
Are doctorandi researchers?
With regard to doctoral students, a distinction is made depending on whether they have already obtained the doctoral degree, or whether they hold a higher education diploma giving access to a doctoral programme. However, it should be stressed here that the doctoral researcher's focus should be on research and not studying. In this case, they should apply in the capacity of a student.
Students
Students residing in Belgium can, if they have a hosting agreement with a recognised research organisation, apply for a researcher's permit in Belgium if they are already admitted or authorised for short stay (< 90 days) or long stay (> 90 days).
Detached
Researchers who remain linked to a research organisation in a third country fall within the scope of this legislation insofar as they have a hosting agreement with a Belgian approved research organisation.
The application for renewal of the researcher's permit is best submitted 2 months before the end of the researcher's permit but can be submitted until the last day of the researcher's stay. It is not recommended to postpone the submission of the application for renewal because it reduces the likelihood that the competent authorities will be able to take a decision before the end of the researcher's permit, requiring the researcher to request a provisional residence document from the municipal administration (Annex 49). This document will only allow the researcher to continue working if the competent regional authority has already taken a positive decision regarding the renewal of the researcher's permit. In addition, this provisional residence document (annex 49) is only recognised in Belgium.
The Immigration Department must respect the duration of admission to the labour market. The most important element for determining the duration of labour market admission is the duration of the host agreement. It must be sufficiently broad to create some flexibility.
If the labour admission is terminated or revoked, the researcher is in principle entitled to a temporary stay.
Proof of stay as family member in the first member state
In some cases, the researcher's family member will have to prove that they have already resided with the researcher in the first member state. For this purpose, the family member presents the residence card issued by the first Member State. Proof must also be provided that the family member actually stayed in the Member State. This can be proved by any means of proof such as invoices, rental contract, etc.
Sufficient resources
In principle, the condition of having sufficient means of subsistence appears from the hosting agreement, where the salary of the researcher will have to be, based on regional legislation, at least equal to the Guaranteed Minimum Average Monthly Income (GMAMI).
Completion of the research activity
After the research project, the researcher can apply for a new temporary residence to find work or establish a company in Belgium. This requires proof that the research activity has been completed. To this end, the research institute can draw up a document and deliver it to the researcher or use the standard form on this website. The purpose of this document is for the research institution to indicate that the researcher has performed the work for which he was hired in accordance with the hosting agreement. It does not ask about the outcome of the research.
More information:
Flemish region:
Walloon region:
Region Brussels Capital:
https://economie-werk.brussels/gecombineerde-vergunning-onderzoeker
German-speaking community:
The new legislation on researchers comes into force on 1st of March 2023 and will apply to applications submitted on this date.
Files submitted prior to 1st of March 2023 will be examined under the old regulations, provided that the research activity described in the hosting agreement will start no later than 31 May 2023.