Search form

menu menu

Permanent resident after 5 years?

Question

I'm non-EU and have been living here for 5 years. I'm wondering if I can apply to be a permanent resident now? What are the steps involved--do I just go to the commune, or do I make an appointment? What kind of proof do I need to show? And, how long does it normally take to become a resident? Finally, if resident status is granted, am I able to work here without a work permit? If anyone can help answer any of these questions, I would appreciate it! Thank you!

KC

go to your commune & ask these questions.

Apr 11, 2013 08:47
wombat1969

Hello there.

The law is thus...after three years you can, in theory, petition the state to become a citizen, but this is rarely granted to us mortals. It must go before a tribunal, I believe at the judiciary level, a somewhat arcane process. It helps if you are married to a Belgian citizen and if you have children who have been born here.

Regardless of your marital status, after 7 years of continuous living in Belgium, one is automatically entitled to apply for citizenship, assuming all the relevant criteria is met.

You must have had a ' carte de sejour' for this entire duration. Remember when you arrived you had to wait to receive it from the commune? Well, your residency starts when you actually received it. The date is on the card. There can be no break in your residency....I know several people who went home to their respective countries for a few months during which time their cards expired...the residency resets at that point! Do not let your carte de sejour expire!

Even after 7 years, there is still a long delay to actually get processed. I have been here continuously for more than seven years, and I am still waiting. The backlog is quite long due to the fact we did not have a government for some time a couple of years back. I had a judge friend look into my case and it appears it might take up to 18 months longer than expected.

Hope this heps, and good luck!

Jason

Apr 11, 2013 11:04
wombat1969

Hello me again,

Sorry to burst your balloon, but I need to correct my previous info that I sent to you....I was mot aware of the following changes.

As of January 1st this year, the years have changed from 5 years for the special petition, and 10 years for the 'automatic' route to citizenship. Those individuals who have already applied are not affected, new applicants must be prepared to wait longer.

Jason

Apr 11, 2013 11:17
okay

Thanks for the information, I appreciate it. I'm not looking to become a citizen, rather a permanent resident. I have read that after 5 years this is possible and am hoping to find out more about it. I've called the commune and with my limited French haven't gotten very far. I was just wondering if anyone else on this board had some personal experience with this process. Thanks!

Apr 11, 2013 17:31
Brussels Expat

Yes, indeed. After five continuous years of living in Brussels, you may apply for permis de sejour de duree illimite'. It is basically a permanent residence card, valid for 5 years, but you can easily review by just providing two updated photos.

You will have to apply at the commune and no appointment is needed. You do not need to present any proof as they have your residency history in their files and they will check if you are eligible to apply for it or not. Usually the procedure takes up to one month.

With the law, you may also possibly apply to acquaire belgian citizenship - and this can be done at the Commune - guichet etat civil/nationalite' belge - but you need to speak one of the three official languages, be employed and have completed some studies in Belgium. Otherwise, you will be able to only apply for it after 10 years.

Good luck.

Apr 13, 2013 00:47
okay

@Brussels Expat Thanks for your response! Do you know with the "permis de sejour de duree illimite" are you able to work, or do you still need a separate work permit? Do you know are you able to work as an independent? Thanks again!

Apr 13, 2013 11:44
gaurav

you have to take the photocopy of all your work permits (granted in last 5 yrs) for the application.

and yes you can work without a WP after sejour illimite

Good luck

Apr 17, 2013 15:44
mahesh.krishnam...

It purely depends on which Gemeente or Commune you live in. If you are one of the white collar workers on a type B work permit you should normally receive a 5 year residence permit after the 4th extension of your work permit meaning if you came to Belgium in the year 2008 (1st work permit), 2009 (1st extenstion of wp)...so on and in the year 2012 you should have your 5 years resident permit.

Again I have have friend who have not been given a 5 year card in spite of their 4th work permit extension. There is a great difference between communes here. The ones that do grant these are Evere, Woluwe St Pierre. Again it depends from case to case.

With Belgium you will have your fair share of running around for papers.

Aug 8, 2013 17:06
simba

I haved lived here for 11 years now and i have my 5 year permanent residence permit which I have to renew this year. My question is, am i eligible to apply for the Belgian citizenship even though my dutch isnt perfect and have a partner(Belgian) and two kids?

Jan 5, 2014 23:12
Dr. Kartik Baruah

Dear all,

I have been living in Belgium since 2005 (going to be 9 years this year). I did not my MSc and PhD here. For the past two year, I am working as a postdoctoral researcher in the University. I have been paying taxes for the last two years.

I have a job contract (liable to taxation) but without Arbeidskaart. Whenever, i go to the commune for applying for the 5-year residence card, they say that i need arbeidskaart (work permit). I have even passed the Level-2 of Netherlands language.

Can anyone suggest me what should I do to get the 5-year residence card???

Thanks

Apr 28, 2014 00:02

Pages