News for foreign researchers with a host agreement! – in force from 1 March 2023

Since the beginning of March, foreign researchers with a host agreement can work in Flanders without a work permit. Only, if they fulfill specific requirements.

On 1 March 2023, Directive (EU) 2016/801 will be partially transposed. From then on, researchers with a host agreement with an approved research organisation will also enter the combined authorisation system. They will therefore no longer be exempt from combined permit. Researchers with a researcher permit from another EU member state can use their right to short- or long-term mobility from 1 March 2023. Different rules apply for family reunification.

New scheme for researchers from 1 March 2023

From 1 March 2023, the following applies to researchers with a hosting agreement at an approved research institution in Belgium such as the University of Hasselt:

• If the research lasts more than 90 days, the employer applies for a combined researchers’ permit. An exemption from labour market research applies with this application.
  The decision is made within 60 days from the day the application was declared admissible by the competent region, as opposed to the usual 120 days.
  • Family members of a researcher with host agreement enjoy a reduced 90-day processing period for family reunification (instead of 9 months, renewable twice by three months) from 1 March 2023. If the researcher and the family member submit their residence application at the same time, the Immigration Office (DVZ or Dienst vreemdelingenzaken in Dutch) will process the applications simultaneously (see article 10ter §2quinquies Vw). Otherwise, the ordinary rules for family reunification with a third-country national with limited right of residence apply.
• If the research lasts less than 90 days, a work permit exemption applies in Flanders.

In addition, researchers with a permit as a researcher in an another EU member state have a right to short-term or long-term mobility under certain conditions:

• Short-term mobility means that the researcher licensed as a researcher in an another EU member state conducts part of his research in Belgium for a period of up to 180 days within each 360-day period.
  • For this, the researcher is exempt from work permit or combined permit.
  • Family members residing in an another EU member state as a relative of this researcher are also entitled to short-term mobility.
  • The researcher and his family member in short-term mobility must apply to the municipality within three working days of entry in Belgium.
    They will receive an annex 62 valid for the duration of the planned stay (of maximum 180 days) from the municipality on presentation of the following documents:
    • the residence permit for researcher or family member of a researcher, issued by the first member state valid for at least the duration of the planned stay;
    • a valid passport which is valid for at least the duration of the planned stay;
    • if applicable, the host agreement concluded by the researcher with an approved research institute in Belgium or another document proving the duration of the stay;
    • If the application is submitted by the researcher’s family member, proof of the researcher’s residence in Belgium.

be aware that: the researcher and his family member in short-term mobility are not registered in the national register and there is no residence check by the police.

• Long-term mobility means that the researcher with a permit as a researcher in another EU member state carries out part of his research in Belgium for a period of more than 180 days.
  • A combined permit must be applied for this. An exemption from labour market research applies with the application.
  • The decision is taken within a period of 60 days from the day the application was declared admissible to be delivered by the competent region, as opposed to the usual 120 days. (Note: it is noteworthy that the Residence Act contains a 60-day period at this point. The Directive and the cooperation agreement of 6 December 2018 specify a 90-day period).
  • Family members residing in an another EU member state as family members of this researcher are also entitled to long-term mobility in Belgium. In this case, a reduced processing period of 90 days (instead of 9 months, renewable twice by three months) applies to the family reunification application. When the researcher and the family member submit their residence application at the same time, the Immigration Office (DVZ or Dienst vreemdelingenzaken in Dutch) processes the applications simultaneously (see article 10ter §2quinquies Vw).
    If the researcher’s family member in long-term mobility already joined the researcher in the first Member State, the family member must submit the following documents:
    • the valid residence permit issued by the first Member State, and
    • the proof that he stayed in the first EU Member State as a family member.

Otherwise, the ordinary rules for family reunification with a member of the family apply.

Search/orientation year after the completion of research

After completing the research, researchers with a host agreement or researchers who have exercised their right to mobility in Belgium can thus apply for a right of residence for up to 12 months to look for work or set up a company and thus obtain a change of status to labour migrant.

Source: this article was originally posted in Dutch on the website of Agentschap Integratie en Inburgering