Belgium Professional Card Processing Time

How to obtain a belgian professional card ?

Foreign (non-EU) nationals wishing to settle in Belgium and be self-employed must hold a professional card authorizing them to exercise their profession (carte professionnelle/beroepskaart), which can be issued for a period of five years. This is the entry door for a Belgian visa.

The professional card is a form of permit for self-employed individuals and directors who are not Belgian citizens; are not citizens of a Member State of the European Economic Area (EU Member States plus Iceland, Norway and Liechtenstein) or Switzerland; or have not been exempted from the requirement to have a permit for other reasons.

Applications for professional cards must be submitted either to the Belgian diplomatic or consular representation in the country of residence, if the applicant lives abroad; or to the Belgian municipal authorities responsible for the applicant’s place of residence.

The road to becoming self-employed does not end with a professional card and the procedure mentioned above. You must also prove that you have certain knowledge, such as basic management knowledge and professional knowledge.

Moreover, becoming a self-employed individual will depend on the public interest for Belgium of your business, which will be appreciated following economic parameters by the Belgian Administration.

The steps for obtaining a professional card in Belgium are the following :

A. Filing a professional card application

When not living in Belgium, the application form for a Belgian professional card should be submitted at the Belgian Consular or Diplomatic Representation of the country of residence. Within five days, the application shall be transferred to the Economic Permits Unit, which shall be the one to examine the compliance of the application with the criteria listed below (3.2. Criteria for obtaining the professional card).

Therefore, there is no need to be a Belgian resident or to have a Belgian domicile in order to apply for and obtain the professional card.

The application form is available on these websites:

• http://emploi.wallonie.be/Reforme/Carte%20professionnelle/carte_professionnelles_Etrangers.html (Walloon Region) or;
• http://www.werk-economie-emploi.irisnet.be/en/carte-professionnelle-pour-ressortissants-etrangers (Brussels Region) or;
• http://www.vlaanderen.be/nl/ondernemen/vergunningen-en-regelgeving/beroepskaart-voor-vreemdelingen (Flemish Region).

The cost of such an application is 140€.

B. Criteria for obtaining the professional card

There are three criteria which have to be met in order for a foreigner to obtain a professional card in Belgium.

• Right of residence

In case no right of residence has been granted, the foreigner must file an application at the consular or diplomatic representation in his home country, at the same time as applying for your professional card.

The Foreigner’s Office takes all decisions regarding:

• Compliance with regulatory obligations, in particular those regarding the professional activity;
• How interesting is the business for Belgium.

This relevance is measured in terms of economic utility for Belgium, i.e.:

• Useful investments;
• Response to an economic need;
• Jobs creation;
• Economic benefits for companies located in Belgium;
• New opportunities for exports, innovation or specialization.
• Detailed description of the project;
• Skills and experience of the applicants;
• Financial wealth;
• Market study and financial analysis;
• Contract opportunities and contact with various business partners.

Hence, the project behind the professional card application should produce clear and measurable economic benefits for Belgium.

In addition to the economic utility, relevance may also be assessed in terms of social and cultural benefits, or those in the field of arts and sports.

C. Specific case : company directors (“administrateurs de société” / “vennootschap bestuurders”)

Two situations have to be distinguished:

1. The director works for the Belgian company from abroad. The professional card is the license required for any foreign national outside the European Economic Area who wish to become self-employed , in person or via an association or company in Belgium. The person who operates, from abroad by means of telecommunications without coming to Belgium or who acts within the framework of the possibilities offered by the business plan is not subject to the professional card. Therefore, the director does not necessarily have to obtain either a professional card or a visa to act as director of a Belgian company. The director may work from abroad for the Belgian company without facing out any extra administrative procedures.
2. The director works for the Belgian company in Belgium and wishes to reside there

The Administrator has two obligations:

1. Obtain a professional card. In application of the law dated 19 February 1965, Article 1: “Any foreigner who carries on the territory of the Belgian Kingdom, an independent professional activity, either as an individual or via a legal entity, must hold a professional card”. The process to obtain this professional card is detailed above.
2. Once the business card is obtained: application for a Type D visa (long-term). The fact that the person is a director of a Belgian company obviously does not entitle him to obtain a professional card and a visa. Nevertheless, it is clear that the fact that the person is already a director of a Belgian company will evidence economic benefits for Belgium.

source: https://www.law-right.com/how-to-obtain-a-belgian-professional-card/