Single permit - Extension of in-country status amendment

The legal framework governing the application for a single permit for third-country nationals (i.e., non-EEA/Swiss nationals) has been amended. More third-country nationals will have the possibility to proceed to an in-country status amendment (i.e., switch from legal residence in Belgium to a single permit). The new provisions will enter into force on 30 December 2022.

Third-country nationals in principle need a single permit to reside and work on Belgian territory for more than 90 days.

In principle, this single permit should be applied for while the third-country national is still residing abroad.

However, in certain cases, the single permit can be applied for from Belgium. These cases were restricted to third-country nationals during a lawful short-term stay and third-country nationals during a lawful long-term stay to the extent that they were students or researchers, with effect from 1 September 2020. This restriction was justified to avoid abuses of the procedure.

The legislator now reverses this decision and reasonably expands the category of third-country nationals who during a lawful long-term stay can qualify for a change of status while remaining in Belgium to include:

• foreigners who (for humanitarian, exceptional circumstances or medical reasons) were authorised by the minister for a long-term stay
• foreigners admitted to a long-term stay by law
• certain family members who were authorised for a long-term stay in the context of family reunification (↔ pending procedure)
• foreigners under temporary protection
• foreigners who have renounced their privileged diplomatic status
• etc.

It thus concerns certain third-country nationals who have already been authorised or allowed to reside for more than 90 days, but who want to change their residence status because, for example, it better suits the reality or any changed circumstances. These persons will no longer have to leave the country to start the application process.

A classic case in practice concerns the third-country national who has obtained the right of residence within the framework of family reunification but wishes to switch to a single permit for certain reasons
(e.g., independence of the partner, divorce, the residence of the reference person is uncertain, etc.).

Another case concerns the Ukrainian who obtained the right of residence under temporary protection but wishes to switch to a single permit for certain reasons (e.g., uncertainty about future right of residence).

This amendment merely concerns an extension of the possibility to apply for a single permit from Belgium for workers who already have the right of residence in Belgium for another reason and does not affect the eligibility conditions for a single permit (e.g., special profiles such as highly skilled personnel, bottleneck occupations, other profiles).

Action point

Certain third-country nationals considering a change of status will no longer have to leave Belgium to start the single permit application procedure.