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Employing a foreigner in Flanders: au pair
Anyone in Flanders who wishes to employ a foreign au pair must apply for a work permit for the au pair.
Not every foreigner needs a work permit
Foreigners coming to work in Flanders, the employer must obtain a work permit beforehand. For certain groups of foreigners, this requirement does not apply and you are exempt.
This applies,among others, to:
- Employment for up to 90 days, so-called short-term mobility, in particular short-term employment with a Limosa declaration.
- Persons participating in a restricted meeting in Belgium, with a maximum of 60 days per calendar year in our country, and no more than 20 consecutive calendar days per meeting.
- The foreign employee receiving training at the Belgian headquarters of a group of companies. That training is part of a training agreement between the headquarters of that group. The training, and therefore also their stay, shall not exceed three months (with a Limosa declaration).
The full list of exemptions can be found here.
Therefore, if the foreigner does not belong to one of these groups, a work permit is required. The employer can only employ the foreigner if they meet the conditions which apply to the type of work which the foreigner is to perform.
Who is considered an au pair?
An au pair is a young person who temporarily stays with a host family in order to:
- enrich their language skills
- get to know the country better.
The au pair takes part in family life and receives board and lodging in exchange for light household chores.
An au pair is not the same as a nanny, babysitter or live-in maid. Cultural education and language enrichment take precedence during the stay.
In order to avoid household chores and childcare becoming the main purpose of the stay, the au pair, the host family and the agreement between them (in PDF or in Word) must meet certain conditions.
- is at least 18 years old and not yet 26 years old at the time the work permit is granted.
- undertakes not to take on any other employment in Belgium during the placement as an au pair.
- has obtained a diploma (translated into Dutch, French, German, or English) that provides access to higher education, or can prove that they have attended school until at least the age of 17.
- has a basic knowledge of the everyday language of the host family or undertakes to follow an intensive language course immediately after arrival in Belgium. If the au pair is already proficient in the everyday language of the host family, a course must be followed which is taught in our regional language of Dutch, this can be a Dutch or other course.
- during the placement as an au pair, attends courses at a recognised institution
- which is recognised or subsidised by 1 of the communities
- and offers classes in the regional language(s).
- submits evidence of regular class attendance each term. Evidence should be sent to arbeidskaart@vlaanderen.be.
- has never received a work permit before in Belgium, unless it is a one-time extension as an au pair, where the total period of validity does not exceed 1 year and all other conditions for granting the permit are met.
- includes at least 1 child who is younger than 13 at the start of the au pair’s stay.
If there are any children under the age of 6 in the family, then the applicant shall prove that daytime care is provided for the entire maximum duration of the au pair’s stay, or until the day on which the youngest child turns 6. - ensures that each family member who is of age at the start of the au pair’s stay presents an extract from the criminal record.
- deposits a fixed monthly amount of at least EUR 450 as pocket money in the au pair’s account. Periods in which the young person is inactive make no difference in this regard.
- takes out additional insurance for the au pair covering the following costs in the event of sickness or injury:
- medical costs
- pharmaceutical costs
- hospitalisation expenses.
- has taken out insurance to cover any early repatriation of the au pair due to sickness or injury.
- undertakes to pay any costs incurred by the authorities (arising from the stay or the repatriation of the au pair).
- provides a personal room and gives the au pair free access to their home.
- gives the au pair at least one full day off each week.
- gives the au pair every opportunity to practice their worship or belief(s).
- allows supervisory officials into their home.
- does not yet have a valid work permit for another au pair.
- includes at least 1 child who is younger than 13 at the start of the au pair’s stay.
- The au pair’s daily chores should not be the main purpose of the stay. Therefore, looking after the children should not be either.
The chores:- do not exceed 4 hours per day
- do not take more than 20 hours per week.
- The au pair’s daily chores should not be the main purpose of the stay. Therefore, looking after the children should not be either.
- The work permit may not be valid for more than 1 year.
- The work permit may be renewed once:
- provided that the total period of validity does not exceed 1 year
- if all other conditions for granting the permit are met.
If not all conditions are met, then the government considers the au pair a servant, and their employment contract as an employment contract for servants.
Procedure for obtaining a work permit
The host family (as the employer) applies for a work permit for the foreign au pair who is coming to work in Flanders.
- Stap 1
Download the application form: ‘Application for admission to fixed-term employment with a work permit’ (Word file or PDF file), complete and sign.
- Stap 2
Proof of identity of both parents of the host family or of the proxy, if the application is through the latter.
- Stap 3
Attach the required documents depending on the admissibility of your application
Proof of identity of the employee
- Employee is not in Belgium at the time of application
- Personal details on international passport.
- Employee is in Belgium at the time of application
- Personal details on international passport and
- Belgian residence permit.
- Employee is not in Belgium at the time of application
- Stap 4
Version of the ‘placement agreement’ signed by both parties.
- Stap 5
- The weekly schedule shows unequivocally at which times the parent(s) is/are effectively present and absent and at which times the au pair assumes concretely defined light household chores.
- The weekly schedule contains for all 7 weekdays:
- the tasks of the au pair, with start and finish times (from … to ...)
- the working hours of the parent(s)
- the commuting times of the parent(s) (travelling from home to work and vice versa).
- Stap 6
The certificate from the recognised educational institution should come from the au pair’s country. It confirms that they have been in education until at least the age of 17 or that they have obtained a diploma allowing them to continue their studies. Translation of that certificate or diploma (into Dutch, French, German or English).
- Stap 7
Certificate from the educational institution of their country, stating how the au pair acquired a basic knowledge of the host family’s everyday language or, if they do not yet have this basic knowledge, a document in which the au pair undertakes to follow an intensive language course immediately after arrival in Belgium.
- Stap 8
Proof that the au pair is enrolled on a course related to the regional language that they are coming to learn in Belgium. The au pair has enrolled at a Belgian educational institution recognised or subsidised by the communities.
- As most educational institutions wish to screen the level of language proficiency of the person concerned in advance, which is only possible after the au pair’s arrival in Belgium, a certificate can be added to the application file in which the educational institution confirms that the au pair’s application for registration has been registered, and that the registration will become effective upon arrival in Belgium.
- Stap 9
Certificate with the composition of the host family, issued by the local authority of the place of residence.
- Stap 10
Extract from the criminal record for each adult member of the host family, issued by the local authority of the place of residence.
- Stap 11
The certificate from the insurance institution shows that the host family has taken out additional insurance for the au pair. It covers:
- medical, pharmaceutical and hospitalisation costs for sickness or injury
- costs of possible repatriation in the event of sickness or injury
- Stap 12
If there are any children under the age of 6 in the family, then the applicant shall prove that daycare is provided for the entire maximum duration of the au pair’s stay, or until the day on which the youngest child turns 6.
- Stap 13
- Combine the required documents into one application in the fixed order listed above.
- Scan the entire application.
- Group everything into a single file in PDF format.
- Give the PDF a name which is structured as follows:
[surnames in capital letters] underscore [first names in capital letters] underscore
[country of nationality] and, if known, underscore [national social security number (NISS), in full in digits – BIS or national registry number].Example: SURNAME_First name1 First name2_Country_XXXXXXXXXXX.pdf
- Stap 14
E-mail address
Submit your scanned file via e-mail: aanvraag.arbeidskaart@vlaanderen.be
Please use that e-mail address only for filing applications.
All other communication is via the e-mail address provided by the case handler or via arbeidskaart@vlaanderen.be Do not include any other names as (co-)addressees, either directly or in Cc or Bcc.PDF attachment
Send 1 e-mail with 1 PDF attachment for each employee for whom you are applying for a work permit. Include the application form and all the documents in the correct order in this PDF attachment.
The maximum file size is 20 megabytes (MB). If your application is more than 20 MB, compress it into a zip file of 20 MB maximum.E-mail subject
In the subject line include the full name of the PDF file, followed by the specific category for which you are applying for a work permit (for example, highly skilled, executive or training multinational group, as indicated on the application form), followed by the type of application (‘first application’ or ‘renewal/extension’).
Fictitious example: MOHAMMED_AHMED YOUSSEF_Morocco_95470115388.pdf – highly skilled - first application;
E-mail text
Always include the following in the e-mail message itself:
- Employee (surnames and first names)
- Belgian company involved (employer or user in case of posting, company name and company number)
- In case of au pair: host family
- In case of posting: the foreign company involved(company name and address)
- Job title.
In addition to the required information, you can, if you wish, also provide additional information about the actual employment.
Fictitious example: MOHAMMED Ahmed Youssef, Janssen Pharmaceutica (0403.834.160), Marrakech Consultants (Avenue Ibn Sina, Marrakech), senior consultant.
Agent
Are you based abroad? Then authorise an agent who regularly resides in Belgium to submit the application. In that case, please also attach a copy of the agent’s identity document.
Confirmation of receipt
After you have e-mailed your application, you will receive an automatic confirmation of receipt, including your original message (without an attachment). The Economic Migration Department will then process the applications in chronological order of receipt.
- Stap 15
The Economic Migration Department examines the “employment” section of your application. Upon approval, we automatically forward the application to the Immigration Department, which examines the “residence” section of your application.
The application is approved
The employee receives a work card and the employer receives a work permit. Both documents include the same information:
- The work permit is the document (in letter form) for the employer, authorising him to employ a specific foreign employee, in a specific position or job, and for a specific period of time. The work permit is always sent directly to the (applicant) employer (or to his agent who submitted the application)
- The work card is the document (in card form with photo) for the foreign employee, authorising him to work for a specific employer in a specific position or job and for a specific period of time.
The work card can be delivered in two ways, depending on the situation:
- The employee is still abroad: the original work card is sent to the municipality where the employer is established. The employer collects the work card and sends it to the employee abroad. The employee abroad must present himself/herself with the work card at the Belgian embassy to obtain a short-stay visa (visa type C – not required for people who can travel visa-free). The employee can then travel to Belgium and register in a Belgian municipality.
- The employee is in Belgium: the original work card is sent to the municipality where the employee lives, the employee collects it himself or herself. Sending the work card by post to the municipal administration can take up to 3 weeks. If the card has not been received after this period, the municipality must contact the Economic Migration Department to request and send a duplicate.
The employee in possession of the work card can only work for the employer who applied for the permit.
The work permit for a maximum of 90 days cannot be renewed/extended. You must then apply for a fixed-term work permit for more than 90 days.
The application is not approved
You will receive a refusal decision.
If you do not agree with the refusal decision, you have the following options:
- You can submit a new application, complete and/or with new elements, which will then be re-examined.
- As an employee, you can look for a new employer who will submit a new application for a fixed-term work permit.
- You can appeal the refusal decision or the withdrawal decision.
Renewing your work permit
Do you want to renew an existing permit? This also depends on the work permit you already have. The renewal may be submitted a maximum of 4 months in advance.
- The work permit of and for the au pair may not be valid for longer than 1 year.
- The work permit may be renewed once:
- provided that the total period of validity does not exceed 1 year
- if all other eligibility requirements are met.
You must attach the following documents (for details of these documents and how to submit the scanned file, see above under “Procedure for obtaining a work permit”)
- Completed application form
- International passport of the au pair
- Belgian residence permit of the au pair
- Placement agreement: for the new period requested (exact dates), in Dutch, signed by both parties.
- Extract from the criminal record for each adult member of the host family
- Insurance certificate for medical, pharmaceutical and hospitalisation costs in the event of sickness or injury, costs of possible repatriation in the event of sickness or injury
- Certificate of the composition of the host family
- Diploma of the au pair, proving that they have completed secondary education up to the age of 17 or can attend higher education (possibly translated)
- Documents regarding the payment of pocket money
Renewal of a work permit for a fixed term of more than 90 days
Do you want to renew your single permit? Then submit your application file at least 2 months and maximum 4 months before the expiry date via the one-stop shop -Working in Belgium(opens in new window).
Include the documents below in your file. The documents do not need to be originals. Copies will suffice.
- International passport
- Belgian residence permit of the employee
- Proof that the employee has health insurance(opens in new window)
- Employment contract
- Pay or wage slips from the period for which the work permit expires or an individual account if the employee has worked for a full calendar year
- If the employee changes employer and there is still a valid single permit: notice letter with notice period.
The employee can not be working on posting.