Course of the single procedure for an authorisation for long-term mobility "ICT"
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 residence permit.
The documents relating to the residence permit 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;
- proof that the third-country national holds a valid intra-corporate transferee permit issued by the first Member State as referred to in Article 61/48, § 1, paragraph 1, 3°, of the Act;
- 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 both competent authorities take a positive decision, an Annex 46 is delivered.
Negative decision
If the Region and/or the Immigration Office takes 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.
Within eight working days of entering Belgium, the third-country national must register with the commune where he is residing with his D visa in order to register and to obtain his permit for long-term mobility (Annex 61, J card marked 'ICT').
Pending verification of the place of residence and the issuing of the permit, 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 permit is issued.
Pending receipt of his electronic J card, the intra-corporate transferee can work in Belgium on the basis of his annex 49.
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 has to be submitted two months before the expiration of his J-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 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’ J-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 the competent Region and the Immigration Office 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 long-term mobility, 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.
Registering with the commune
The intra-corporate transferee has to register with the commune with an annex 46 to obtain the renewal of his long-term mobility permit (J-card).
The commune renews the long-term mobility permit "ICT" (J card, marked "ICT") without delay.
Temporary residence permit in the context of permit renewal
When the intra-corporate transferee has applied for renewal of his long-term mobility permit, it is possible that the competent Region and the Immigration Office have not yet taken a decision before his J-card expires.
In that case, the intra-corporate transferee must report to the commune and the latter will, upon request, issue the person concerned with an attestation in accordance with the model in annex 49, on presentation of the following documents
- his long-term mobility permit "ICT" (J-card) that has expired;
- the document issued by the Region 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 continue working if the competent Region has taken a positive decision regarding the authorization to work. The attestation is valid for thirty days and can be extended once for the same period.