Seasonal workers

 

Third-country nationals wishing to reside temporarily in Belgium as seasonal workers can make use of the regulations on seasonal workers which is a transposition of Directive 2014/36/EU.

A seasonal worker is a third-country national temporarily residing in Belgium to work as a seasonal worker but whose main residence remains outside of the European Union.

The seasonal work can take place in the framework of a short stay (up to 90 days) or a long stay (more than 90 days, but maximum 150/365 days).

To work as a seasonal worker in the context of a long stay, a seasonal worker permit is required. The employer has to apply for the seasonal worker permit with the competent regional government through the digital platform called the single permit application.

https://www.international.socialsecurity.be/working_in_belgium/en/singl…

The application can only be made if the third-country national resides outside the European Union at the moment of the application.

Submission of the application for a seasonal worker permit (single application procedure)

The application procedure for a seasonal worker permit is a "single application procedure," which means the permit includes both the authorization to stay (component "residence") and the authorization to work (component "work").

For the permit, the supporting documents for both the work and residence components must be submitted with the application.

The Immigration Office is the competent authority for the "residence" component and will assess the application in this regard.

The "work" component is assessed by the regional government competent for employment. More information on the conditions for working as a seasonal worker in Belgium can be found on the websites of the competent regional authorities. (see Useful links)

The employer in Belgium applies for the seasonal worker permit with the competent regional authority through the single permit application.

The employer adds the following documents related to the stay with the application:

  • the proof of payment of fee;
  • a copy of the valid passport or a copy of an equivalent travel document;
  • proof of sufficient means of subsistence, in order to prevent the seasonal worker from becoming a burden to the social assistance system. When examining this condition, the primary consideration is the income that the third-country national will earn as a seasonal worker;
  • proof of having health insurance covering all risks in Belgium;
  • proof of adequate housing in Belgium that meets all the conditions that a property used as a main residence must meet;
  • a medical certificate proving that the applicant does not suffer from any of the diseases listed in the annex to the act of December 15, 1980 ;
  • if the applicant is over eighteen years of age, an extract from the criminal record or an equivalent document, and where appropriate its legalized translation, issued by the country of origin or the country of his last residence, which is not older than six months and confirms that he has not been convicted of crimes or misdemeanors of common law;
  • If the third-country national has already resided in Belgium as a seasonal worker within the last 5 years, this must be mentioned in the application.

These documents must also contain the following information:

  • Belgian diplomatic or consular post where the visa will be applied for;
  • Personal e-mail address of the third-country national and e-mail address of the employer.
Processing time

If all documents are attached to the application, the regional authority will examine the admissibility of the application.  The regional authority responsible for work and the Immigration Office will take a decision on this application within 90 days at the latest.

However, if more information is necessary, the third country national will be asked to complete the application with the missing or additional information within 10 days.

The decision will be taken within 60 days if the third-country national has already resided in Belgium as a seasonal worker in the previous 5 years and has always complied with all the rules.

Note: Given the standard 90-day processing period, it is best for the employer to submit the application to the regional government at least 90 days prior to the desired start date of the seasonal work.

A visa is required to travel to Belgium. Once the seasonal worker has received the positive decision, he/she can apply for the visa.

This visa (Visa D) must be applied for at the Belgian diplomatic or consular post in the country where the seasonal worker is located. For this, the seasonal worker needs a valid passport (or equivalent travel document) and the positive decision from Belgium granting the seasonal worker permit. The positive decision is a so-called "Annex 46" and is delivered to the address abroad where the third country national resides.

The visa is marked "B36" 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 highly recommended to read the practical information published on the service provider's site before taking any steps.

Temporary residence permit (Annex 49)

Upon arrival in Belgium, the seasonal worker must go to the commune of his/her place of residence as soon as possible, and at the latest within 8 working days, for registration in the foreigners' register.

The commune will send an agent to check whether the seasonal worker is staying at the declared place of residence. If this check is positive, the seasonal worker will receive the seasonal worker permit.

However, since it takes some time to create the electronic card of this permit (A-card), the commune will issue a provisional residence document to the seasonal worker ("annex 49").

The provisional residence document (annex 49) is valid for 45 days and can be extended with the same duration each time until the seasonal worker permit is issued.

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

Residence right as a seasonal worker

The seasonal worker permit (A-card) contains both an authorization to stay and admission to work. The duration of the authorization to stay is the same as the duration of the authorization to work given by the regional authority competent for work.

The maximum duration of the seasonal worker permit is 150 out of 365 days.

This permit may be renewed, taking into account the maximum duration of 150 out of 365 days.

Submission of a renewal application for a seasonal worker permit (single permit)

If the employer wishes to continue working with the seasonal worker after the end of the initial employment contract or the seasonal worker has found another Belgian employer, the employer can apply for the renewal of the seasonal worker permit with the regional authority competent for employment if the maximum duration of 150 out of 365 has not yet been reached. This must be done at the latest 1 month before the end of the validity of the long stay as a seasonal worker.

The employer shall attach the following documents to the application:

  • a copy of the valid passport or a copy of an equivalent travel document;
  • proof of sufficient means of subsistence, to prevent the seasonal worker from becoming a burden to the social assistance system.
  • a copy of the valid seasonal worker permit or the long-stay visa that covers the stay of the person; 
  •  proof of having health insurance covering all risks in Belgium;
  • proof of adequate housing in Belgium that meets all the conditions that a property used as a main residence must meet.

The application for renewal can also be submitted from a short stay as a seasonal worker.  In this case, the following documents are added:

  • proof of payment of fee;
  • a copy of the valid passport or a copy of an equivalent travel document;
  • proof of sufficient means of subsistence, in order to prevent the seasonal worker from becoming a burden of the social assistance system. For this purpose, the primary consideration is the income that the third-country national will earn as a seasonal worker;
  • proof of having health insurance covering all risks in Belgium;
  • proof of adequate housing in Belgium that meets all the conditions that a property used as a main residence must meet;
  • a medical certificate proving that the applicant does not suffer from any of the diseases listed in the annex to the act of December 15, 1980 ;
  • if the applicant is over eighteen years of age, an extract from the criminal record or equivalent document, and where appropriate, its legalized translation, issued by the country of origin or the country of his last residence, which is not older than six months and confirms that he has not been convicted of crimes or misdemeanors of common law;
  • a copy of the document in accordance with Annex 3 that had been issued in the context of the short stay as a seasonal worker.

Attention: It is recommended to apply for the extract from the criminal record (or equivalent document) before arrival when the seasonal worker initially wishes to stay in Belgium under short stay, but the possibility exists that the stay of maximum 90 days will be extended via the application for a seasonal workers permit!

Examination period

If all documents are attached to the application and the application has been declared admissible by the regional authority, the regional authority competent for work and the Immigration Office will start the examination of the application. As soon as possible, but at the latest within 30 days, the authorities take a decision on this application.

However, if not all required documents are attached to the application, it will be asked to complete the application with the missing or additional documents within 10 days.

If the seasonal worker permit expires during the renewal procedure, the seasonal worker will receive a provisional residence document (annex 49) allowing him/her to stay in Belgium as a seasonal worker pending the decision on the renewal. To this end, the admissibility decision by the region and the old seasonal worker permit must be submitted. The provisional residence permit is valid for 15 days and can be renewed once for the same duration.

If the annex 3 expires before the short stay as a seasonal worker was extended, the annex 3 can be extended pending a decision on submission of the admissibility decision by the region and the annex 3. The Annex 3 may be extended for 15 days at a time.

Renewal of the seasonal worker permit

When a positive decision to renew the seasonal worker permit has been taken, the seasonal worker receives an annex 46. With this annex the seasonal worker goes to the commune and applies there for the renewal of the seasonal worker permit. The mayor or his representative renews the permit (A-card) immediately after the seasonal worker has submitted the annex 46 to the commune

The authorized duration of stay depends on the authorized duration of admission to work and has to take into account the total maximal duration of 150 days within a 365 days period.

The stay as a seasonal worker is a temporary stay of up to 150 out of 365 days, after which the third-country national  will have to return to his main residence outside the European Union.

A subsequent stay within 5 years will take into account whether or not the third-country national has complied with all the rules and conditions during previous stays.