Belgium - Intra-corporate transferee (ICT)

Where and how to apply

Decision

You can introduce a request for a single permit for residence and work through your host company. The application must be submitted using the one-stop counter ‘Working in Belgium’. Your application is then automatically transferred to the department of economic migration of the region where the host company is based (Flanders, Wallonia, Brussels Capital Region or the German-speaking Community).

To apply for a single permit, your host company needs to submit a number of documents, including proof of payment of the administrative fee (see ‘Documents required’). Your application is assessed by the competent regional authority and the federal Immigration Office.

The regional and federal authorities need to take a decision within 90 days.

If the regional authority grants an authorisation to work and the Immigration Office grants an authorisation to stay, you receive a decision to grant a single permit (annex 46) from the Immigration Office.

If one or both of the authorities fail to take a decision, you receive a certificate to grant a single permit (annex 47) from the Immigration Office.

If one or both of the authorities reject your application, you receive a decision to reject a right of residence (annex 48).

Visa D

To obtain a visa D to travel to Belgium, you need to present your annex 46 or 47 and international passport and submit a visa application to the Belgian diplomatic or consular post of your place of residence.

The authorities take your fingerprints and a digital photo.

You can check the status of your visa application online by entering your reference number and the location of the diplomatic or consular post.

Documents required

To apply for an authorisation to work and stay, your host company must submit:

• the completed and signed application form;
• a copy of the identity document of your employer;
• a copy of your higher education degree;
• a copy of the employment contract with your employer established abroad;
• a copy of the assignment letter;
• proof that you are not subject to Belgian social security;
• proof that both businesses are part of the same company or group of companies;
• a copy of your international passport;
• proof of sufficient means of subsistence (if required);
• a certificate attesting to the lack of any convictions for crimes or offences under common law;
• a standard medical certificate;
• proof of health insurance;
• proof of payment of the administrative fee.

Further requirements ICT permit

After your arrival in Belgium, you need to register at the municipality of your place of residence within 8 working days.

You receive a temporary residence document (annex 49) pending the residence check to be executed by the authorities.

If the residence check is positive, the municipality issues a single permit for a limited period of time (A-card).

Duration of validity of permit

The ICT permit is valid for the duration of the transfer, for a maximum period of 3 years for managers and specialists and of 1 year for trainee employees.

After this period, the transferee will need to leave the Member State territory for 3 months before being able to apply for a new ICT permit.

Appeals

If your application for authorisation to work has been rejected by the regional authority, your host company can appeal this decision before the competent appeal body within 30 days after you received the decision. You can lodge an appeal against this decision before the Council of State within 60 days after you received the decision.

If your application for authorisation to stay has been rejected by the Immigration Office, you can appeal this decision before the Council for Alien Law Litigation (CALL) within 30 days after you received the decision.

Extension or renewal

You need to apply for renewal at the latest 2 months before your single permit expires.

If your authorisation to work has been granted for a limited period of time, you need to apply for renewal of the single permit to the regional authority.

If your authorisation to work has been granted for an unlimited period of time, you need to apply for renewal of the permit to your municipality.

Change of status

If your personal situation or purpose of stay changes during your legal stay in Belgium, you can apply for most other statuses.

Family members

Your family members have a right to stay in Belgium if they meet the conditions for family reunification.

In the context of family reunification with an Intra-Corporate Transferee, a reduced processing period applies: the diplomatic post notifies the decision at the latest within 90 days of the application (instead of 9 months, extendable twice by three months). If an Intra-Corporate Transferee and a family member submit their residence application at the same time, the Immigration Office processes their applications simultaneously.

Other rights

A person with an ICT permit benefits from equal treatment with nationals of Belgium in what regards freedom of association; recognition of diplomas and professional qualifications; provisions regarding social security (with conditions); access to goods and services (with exceptions).

If you are an ICT working in another EU Member State and you wish to work in Belgium for a period of less than 90 days, you can stay and work in Belgium if:

• you have a valid ICT permit from the other EU Member State covering the duration of the short-term mobility;
• your Belgian host company and your company outside the EU belongs to the same company or the same group of companies;
• you earn at least 160% (manager) or at least 100% (specialist or trainee employee) of the Belgian average gross annual salary;
• you have a valid passport or equivalent travel document covering the duration of your ICT permit.

You do not need to apply for a residence or work permit.

If you are an ICT working in another EU Member State and you wish to work in Belgium for a period of more than 90 days, you can apply for a single permit if:

• you have a valid ICT permit from the other EU Member State covering the duration of the long-term mobility;
• your Belgian host company, the company of the first EU Member State and your company outside the EU belong to the same company or the same (multinational) group of companies;
• you earn at least 160% (manager) or at least 100% (specialist or trainee employee) of the Belgian average gross annual salary;
• you have a valid passport or equivalent travel document covering the duration of your ICT permit.

You can introduce a request for a single permit for residence and work through your host company. The application must be submitted to the department of economic migration of the region where the host company is based: Flanders, Wallonia, Brussels Capital Region or the German-speaking Community. In practice, the application must be lodged on the website ‘Working in Belgium’, which provides a one-stop-shop.

To apply for a single permit, your host company needs to submit the following documents:

• the completed and signed application form;
• a copy of the identity document of your employer;
• a copy of your ICT permit from the other EU Member State;
• proof that the Belgian host company and the company based outside the EU are part of the same company or group of companies;
• proof that you earn at least 160% (for managers) or 100% (for specialists and trainee employees) of the gross annual salary;
• a copy of your international passport;
• proof of sufficient means of subsistence;
• a certificate attesting to the lack of any convictions for crimes or offences under common law;
• a standard medical certificate;
• proof of health insurance;
• proof of payment of the administrative fee.

Your application is assessed by the competent regional authority and the federal Immigration Office. The regional and federal authorities need to take a decision within 90 days.

If your single permit application is successful, you will receive an electronic J card marked 'Mobile ICT'.