Employing a foreigner in Flanders: researcher with a hosting agreement
Foreign researchers with a hosting agreement may under certain conditions come to work in Flanders. Their future employer can apply for a work permit for this purpose.
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.
If the duration of the research is less than 90 days, an exemption from a work permit applies in Flanders.
Researchers with a single permit for researchers from another EU Member State have been able, since 1 March 2023, to use their right to short-term or long-term mobility to carry out part of the research at a Flemish research institution.
Researchers already present
Researchers who are already here and have a valid right of residence of more than 90 days based on the old exemption will only have to apply for a single permit at the end of their stay.
Since 1 March 2023, foreign researchers with a hosting agreement have needed a work permit in order to work in Flanders. The old exemption no longer applies if the research lasts more than 90 days. The approved research institution applies for a single permit for the researcher, based on the hosting agreement. The decision is taken within 60 days from the date on which the application was declared admissible by the Flemish Region.
Who is considered as a researcher with a hosting agreement?
Teaching activities
The work permit confers on the researcher with a hosting agreement the possibility of also carrying out teaching activities at universities and colleges, in addition to research activities. A separate work permit is not required for this.
Conditions for a work permit for researchers
- The research institution must be approved by BELSPO(opens in new window) (= Belgian Science Policy)
- The approved research institution must be located in the Flemish Region
- The approved research institution concludes a host agreement with the foreign researcher
- Minimum wage is the Guaranteed Average Minimum Monthly Income - since 1 May 2024, this is € 2,070.48.
- The duration of the permit is equal to the duration of the research.
Other forms of research
In addition to research based on the hosting agreement, conducted within an approved scientific institution, other forms of research are possible.
Short-term research (less than 90 days) does not require a work permit - (exemption Art. 16, §3, 1° posted: researchers and members of a scientific team residing abroad and employed by a university or scientific institution located abroad who participate in a scientific programme at a host university or scientific institution in Belgium or 2° local employment: researchers or international lecturers who are attached to an approved Belgian research institution for a period of up to 90 days within each period of 180 days).
For long-term research (more than 90 days), a single permit as a highly skilled applicant can be applied for.
Researchers with a hosting agreement – short-term mobility
Short-term mobility means that the researcher with a permit as a researcher in another EU Member State carries out part of their research in Belgium for a maximum period of 180 days within the 360 days. The research is carried out at an approved scientific institution established in Belgium. The researcher who makes use of this right (= short-term mobility), is exempt from a work permit/single permit.
The employee must register with the municipality within three working days of arrival and will receive an Annex 62, with a maximum duration of 180 days (Art. 105/81 Residence Act) provided they present the following documents:
- Their residence permit, issued by the first Member State, valid for at least the duration of the planned stay;
- A valid passport that is valid for at least the duration of the planned stay;
- The hosting agreement concluded by the researcher with an approved research institution in Belgium (or another document showing the duration of the stay).
Researchers with a hosting agreement – long-term mobility
Long-term mobility means that the researcher (or international lecturer) with a permit as a researcher in another EU Member State carries out part of their research in Belgium for a period of more than 180 days. The Flemish approved research institution applies for a single permit.
Procedure for obtaining a work permit – Fixed duration, more than 90 days
The employer applies for a single permit of fixed duration and compiles the required documents for their application. The documents do not have to be originals, a copy is sufficient.
- Stap 1
- Employee identity document
- Employee is not in Belgium at the time of application:
- Personal data in an international passport.
- Employee is in Belgium at the time of application:
- Personal data in an international passport
- And a Belgian residence permit.
- Employee is not in Belgium at the time of application:
- Proof(opens in new window) that the requested administrative costs (fees) have been paid
- Extract from the criminal register(opens in new window), if the applicant is over 18 years of age. Legalised(opens in new window) and translated (Dutch, French or English)
- The standard medical certificate (in Dutch)(opens in new window) showing that the employee is not suffering from a disease which is a threat to public health, as referred to in the annex to the law of 15 December 1980
- Proof that the employee has health insurance(opens in new window) or a declaration of commitment (in Dutch)(PDF file opens in new window)
These documents must be no more than 6 months old at the time of submitting your application.
- Employee identity document
- Stap 2
A hosting agreement dated and signed by both parties.
The host institution must use the model hosting agreement provided by the Flemish government. The host institution can use the form for this purpose (PDF version or Word version).
- Stap 3
Is the employee working on posting?
If so, please also include:
- One of the following documents:
- Declaration that the social security legislation(opens in new window) of the employee’s country will continue to apply during employment in Belgium
- If there is no international agreement(opens in new window) on this: a declaration from the National Social Security Office that the employee is not subject to the Belgian scheme for employees because the conditions for this have not been met.
- A certificate signed by you (employer) with:
- The duration of the posting
- The work and pay conditions during the posting
- For an employment contract with a foreign employer: the translated version thereof in Dutch, French, German or English.
- One of the following documents:
- Stap 4
- Proof of one of the following two elements:
- Employee’s doctoral degree
- That the employee has exceptional scientific qualities confirmed by the host university.
- Proof that the employee receives an allowance for scientific research – indicating the amount of the allowance.
- Proof that the employee is conducting fundamental scientific research at the host university – indicating the duration of the research.
- Proof of one of the following two elements:
- Stap 5
Only submit a complete application. It is not possible to email documents afterwards to add them to a file which has already been submitted.
- If the file has been processed, but you want to cancel/stop the application, you can do so via the ‘stop’ button. The Economic Migration Department will then process the cancellation/stop request.
- If the employment contract with the employee has been terminated early, you must press the ‘stop early’ button in the employee’s file.
After you have submitted the complete application via the one-stop shop(opens in new window), it is automatically forwarded digitally to the competent region. The competent regions, besides Flanders, are:
Brussels-Capital Region
Brussel Economie en Werkgelegenheid
Directie Economische Migratie
Sint-Lazarusplein 2
1035 Brussels
02 204 13 99 (from 9 to 12)
Website of the competent service in Brussels(opens in new window)Walloon Region
Direction générale de l’Economie, de l’Emploi et de la Recherche
Direction de l’Emploi et des Permis de travail
Place de la Wallonie 1
5100 Jambes
081 33 43 62
permisdetravail@spw.wallonie.be(opens in your email application)
Website of the competent service in Wallonia(opens in new window)German-speaking Community
Ministerium der Deutschsprachigen Gemeinschaft
Abteilung Beschäftigung, Gesundheit und Soziales,
Gospertstrasse, 1
4700 Eupen
087 59 64 86
Website of the competent service for the German-speaking Community (in Dutch)(opens in new window) - Stap 6
The competent region will examine the “employment” section of your file.
After you have submitted the complete application, you can follow up the status of your application in the one-stop shop(opens in new window). For each change of status of your file, you will receive a notification and a digital letter via your eBox (in Dutch)(opens in new window).
These statuses are possible:
- The file has been submitted
- Additional information requested by the region
- Admissibility
- Inadmissibility
- Positive decision concerning work or negative position concerning work
After a ‘positive decision concerning work’, the file is automatically forwarded to the Immigration Department of the federal government, which will examine the “residence” section of your application. The following stages are possible:
- Being processed by the Immigration Department
- Additional information requested by the Immigration Department
- Positive decision concerning residence (Annex 46/47) or negative decision concerning residence (Annex 48).
In case of a positive decision on both work and residence (single permit), the Immigration Department will communicate this decision to the employee, the employer and the municipal council or the Belgian diplomatic and consular post specified in the application.
If the employee is in Belgium, the Immigration Department will issue an electronic single permit via the municipality. This permit contains both the work permit and the residence permit.
If the employee is abroad, the employee, who has provided a foreign address in their application for a work permit, must apply for a visa D (national long-stay visa) at the Belgian diplomatic or consular post competent for their place of residence.
That post will issue the visa, upon presentation of a valid passport and the decision to grant a single permit (Annex 46 or 47), provided that the decision presented by the employee is fully consistent with the decision communicated to the post by the Immigration Department.The national entry B34 made on the visa D means that the employee has received a single permit. The entry B29 means that the employee is a highly qualified employee (EU Blue Card).
If the employee has arrived in Belgium
Then, within 8 working days, the employee must register in the aliens’ register (in Dutch)(opens in new window) of the place of residence and apply for the issue of a single permit.
Renewing your work permit
Do you want to renew the single permit? Then submit your application file at least 2 months and no more than 4 months before the expiry date via the one-stop shop – digital portal ‘Working in Belgium’.
Include the documents listed below in your file. The documents do not have to be originals. A copy is sufficient.
- International passport
- Belgian residence permit of the employee
- Proof that the employee has a health insurance(opens in new window)
- A hosting agreement dated and signed by both parties.
The host institution must use the model hosting agreement provided by the Flemish government. The host institution can use the form for this purpose (PDF version or Word version). - Pay slips or pay statements from the period for which the work permit expires or individual account (open definition) if the employee has worked a full calendar year
- If the employee is working on posting: proof of registration in the Limosa register
- If an employee changes employers and there is still a valid single permit from the previous employer, a letter of notice must be attached stating the notice period
Is the employee working on posting?
- One of the following documents:
- A declaration that the social security legislation of the employee’s country continues to apply while working in Belgium
- If there is no international agreement: a declaration by the National Social Security Office (Rijksdienst voor Sociale Zekerheid (RSZ)) that the employee is not subject to the Belgian system for employees because the conditions for this are not met.
- A certificate signed by you (the employer) with:
- The duration of the posting
- The employment and pay conditions during the posting.
Can the foreign employee also perform a flexi-job?
Only foreign employees in possession of a single permit may, under certain conditions, perform a flexi-job in addition to their salaried work. Of course, the general federal guidelines for flexi-jobs (in Dutch)(opens in new window) also apply to the employee.
If the employee has worked for at least 4/5 of 9 months for one or more employers other than the flexi-job employer, they may start a flexi-job without having to submit an application to the Economic Migration Department.