Course of the single procedure for obtaining an intra-corporate transferee permit and its renewal (I-card)
Submitting an application
It is the company established in Belgium where the third-country national wants to work that has to submit the application to the competent Region. The application can be submitted via the one-stop counter.
Documents to be submitted
The application must contain both the documents relating to the authorization to work and the authorization to reside in Belgium.
The documents relating to the authorization to reside in Belgium are the following:
- proof of payment of the retribution ;
- a copy of the passport or equivalent travel document which satisfies the conditions of validity provided for in Article 6(1)(a) of the Schengen Borders Code
- proof that the third-country national has sufficient means of subsistence;
- proof that the third-country national has sickness insurance cover;
- a medical certificate;
- an extract from the criminal record or an equivalent document if the third country national is over eighteen years of age.
The documents relating to the authorization to work can be found on the website of the competent Region.
Additional documents
The Immigration Office may require additional documents. These must be submitted within a period of 15 days. The period for taking a decision is suspended during this period.
Decision period
The decision shall be taken within 90 days of the application being declared admissible.
Positive decision
When the competent Region and the Immigration Office both take a positive decision, an Annex 46 is delivered and also sent to the diplomatic mission.
Negative decision
If the Region and/or the Immigration Office take a negative decision, the application is rejected. This decision takes the form of an annex 48.
An appeal may be lodged against the decision of the Immigration Office with the Aliens Litigation Council and/or with the competent minister against the decision taken by the competent regional authority.
Visa
The third-country national is notified of the decision by means of an annex 46. With this annex 46, the third-country national can apply to the competent diplomatic mission abroad to obtain a long-stay visa (D) allowing him or her to come to Belgium.
Registration with the commune
Within eight working days of entering Belgium, the third-country national must register with the commune where he is residing with his long-stay visa (D) in order to register and to obtain his intra-corporate transferee permit (Annex 60, I card marked 'ICT').
Pending verification of the place of residence and the issuing of the intra-corporate transferee permit (I-card), the Mayor or his/her representative shall immediately issue the person concerned with a temporary residence document in accordance with the specimen in Annex 49. This document shall be valid for forty-five days and may be renewed for the same length of time until the I-card is issued.
Pending receipt of his electronic I card, the intra-corporate transferee can work in Belgium on the basis of his annex 49.
Submitting the application
It is the company established in Belgium where the third-country national wants to work that has to submit the application to the competent Region.
The application has to be submitted two months before the expiration of his I-card. The application can be submitted via the one-stop counter.
Documents to be submitted
The application must contain both the documents relating to the authorization to work and the authorization to reside in Belgium.
The documents relating to the authorization to reside in Belgium are the following:
- a copy of the passport or equivalent travel document which satisfies the conditions of validity provided for in Article 6(1)(a) of the Schengen Borders Code;
- a copy of the valid ‘former’ I-card;
- proof that the third-country national has sufficient means of subsistence;
- proof that the third-country national has sickness insurance cover;
The documents relating to the authorization to work can be found on the website of the competent Region.
Decision period
The decision shall be taken within 90 days of the application being declared admissible.
Positive decision
When both competent authorities take a positive decision, an Annex 46 is delivered and also sent to the diplomatic mission.
Negative decision
If the Region and/or the Immigration Office take a negative decision, the application is rejected. This decision takes the form of an annex 48.
If an end is put to the ICT permit, the decision shall be taken in the form of an Annex 52.
An appeal may be lodged against the decision of the Immigration Office with the Aliens Litigation Council and/or with the competent minister against the decision taken by the competent regional authority.
Registration with the commune
The intra-corporate transferee shall present himself with his annex 46 at the commune where he resides for the renewal of his/her intra-corporate transferee permit (I-card marked "ICT").
The commune renews without delay the intra-corporate transferee permit (I card marked "ICT").
Temporary residence permit within the framework of the renewal of the permit
When the intra-corporate transferee has submitted an application for renewal of his intra-corporate transferee permit (I-card), it is possible that the competent regional authority and the Immigration Office have not yet taken a decision before his ‘former’ I-card expires.
In that case, the intra-corporate transferee must report to the commune which will, upon request, issue the person concerned with a certificate following the model set out in Annex 49, on presentation of the following documents:
- his expired ‘former’ I-card;
- the document issued by the regional authority proving that the application for renewal is admissible.
The attestation provisionally covers the stay of the person concerned in Belgium. The intra-corporate transferee can only work if the competent Region has already taken a positive decision regarding the authorization to work. The attestation is valid for 30 days and can be renewed once for the same period.