Belgian Immigration Update: Issuance N Permits

Local contact

Hendrik Serruys

16 Sep 2021
Subject Tax alert
Jurisdictions Belgium

Belgian authorities are now able to issue the so-called “N-permits”, which formalizes the status of frontier workers – beneficiaries of the withdrawal agreement.

While Belgian legislation and the withdrawal agreement already foresaw the option earlier this year to apply for and issue “M-permits” and “N-permits”, technical difficulties prohibited this from happening.

While applications were already accepted, the permits could technically not yet be applied for through the computer program used by municipal authorities. This issue has now been resolved, allowing all beneficiaries of the withdrawal agreement to formalize their status through the correct residence permit.

Background

On 31 January 2020 the United Kingdom formally left the European Union. The terms of the orderly withdrawal from the EU were established in the Withdrawal Agreement.

U.K. nationals and their family members who were lawfully residing in Belgium before the end of the transition period (31 December 2020) were and are to be considered beneficiaries of the withdrawal agreement and were to apply for a so-called M-permit in Belgium – replacing their formerly obtained residence documents.

U.K. frontier workers employed with a Belgian employment contract before 31 December 2020 were and are also to be considered as beneficiaries of the withdrawal agreement but were to request an N-permit rather than an M-permit. The N-permit would formalize their specific status as frontier worker – beneficiaries of the withdrawal agreement.

The formality of obtaining the M and N permits should be completed on 31 December 2021 at the latest and their previously issued Belgian permits will no longer be valid after 31 March 2022.

Current situation

Belgian authorities quickly ran into technical difficulties, making it impossible to issue the frequently applied for M and N permits.

End of March 2021, problems seemed to be resolved and M-permits could be applied for and obtained through the local town hall authorities. Applicants receive an annex 56 to cover their stay in Belgium until the actual M permit is ready. The annex 56 is valid for 3 months, i.e. the foreseen processing time at the immigration office.

Unfortunately, the technical difficulties continued to affect the N-permits, which could not be applied for or issued. This has now changed, and local authorities are able to issue N-permits to frontier workers – beneficiaries of the withdrawal agreement.

With these last technical difficulties resolved, all beneficiaries of the withdrawal agreement should be able to apply for and obtain the correct permit formalizing their specific residence status in Belgium. This all within the foreseen deadline of 31 December 2021.

Practical

While some town halls have reached out to the U.K. nationals residing in their jurisdiction to inform them of the procedure in view of the application for the M-permits, this is not a general practice. A number of town halls have already confirmed they will not be contacting UK nationals proactively.

When it comes to frontier workers – beneficiaries of the withdrawal agreement – town halls will with certainty not be reaching out proactively.

It is therefore recommended for U.K. nationals to proactively visit their local town hall and request their new residence permits. Frontier workers – beneficiaries of the withdrawal agreement – should  contact the town hall with jurisdiction over their place of employment and apply for the N-permit. In return, an annex 57 will be issued which will be valid for 3 months and works as proof of initiating the procedure. U.K. nationals and their family members who were lawfully residing in Belgium before the end of the transition period should on the other hand visit the town hall with jurisdiction over their place of residence and apply for the M permit. They will be issued an annex 56 to cover their stay in Belgium until the actual M permit is ready. The annex 56 is valid for 3 months.

One of the required documents for the application of these permits is the certificate of good conduct. For the M-permit application, the U.K. national will generally require a recent certificate of good conduct from Belgium and for the N-permit this recent certificate of good conduct should be obtained in the U.K. bearing an Apostille seal. Depending on the situation, other supporting documents can also be requested.

What to expect next?

Employers should reach out to their employees holding U.K. nationality and draw their attention to the fact that proactive action might be required. Furthermore, employers should follow up to receive a copy of the annex 56/57 and a copy of the actual M/N permit.

Questions? Contact the immigration professional with whom you work at EY.