Key Highlights
Belgian Authorities Introduce New Frontier Worker Framework
Frontier worker overview
The Belgian Immigration Office has introduced a new framework governing frontier worker. A frontier worker is a person who:
- Maintains their principal residence outside Belgium;
- Carries out professional activities in Belgium either as a local or seconded employee or as a self-employed;
- Regularly travels between their country of principal residence and Belgium for professional purposes;
- Returns to the home country, in principle, daily but at least once a week.
If these conditions are not met, the individual will not qualify as a frontier worker, and other immigration processes will apply.
The new framework applies to foreign nationals whose principal residence is in France, Germany, Luxembourg, the Netherlands or the UK, and who carry out an economic activity in Belgium as an employee, self-employed person or posted worker, without establishing residence in Belgium.
The framework distinguishes between three categories:
- EU/EEA/Swiss national;
- Third-country nationals residing in a neighboring EU Member State (i.e. France, Germany, Luxembourg or the Netherlands); and
- Third-country nationals residing in the UK
Different Procedures for Frontier Workers Depending on Nationality and Country of Residence
EU/EEA and Swiss nationals – Annex 15 abolished
- EU/EEA and Swiss nationals working in Belgium as frontier workers may enter and leave Belgium for the duration of their employment by presenting a valid identity card or passport only.
- The formality to obtain a specific Belgian frontier-worker document (so-called Annex 15) has been abolished.
- For EU/EEA and Swiss nationals working in Belgium as frontier workers currently holding an Annex 15, or their employers, there are no further actions to take.
Third-country nationals residing in neighboring EU countries – new Annex 64
- Third-country nationals whose principal residence is in France, Germany, Luxembourg or the Netherlands are required to apply for an entry and exit right with the municipality of the place where they usually work within 8 days of first entry.
- The individual entry and exit right is documented in the Annex 64, which will be valid for maximum one year, renewable.
- To be valid, the Annex 64 is required to be presented together with a valid identity card or passport.
- The Annex 64:
- confirms an entry and exit right for more than 90 days;
- does not confer a right of residence in Belgium; and
- does not itself constitute authorisation to carry out professional activities in Belgium.
In addition to the Annex 64, the appropriate work authorisation is expected to be applied for or held separately.
Third-country nationals residing in France, Germany, Luxembourg or the Netherlands who currently hold a valid Annex 15, and their employers, do not need to take immediate action. A 12-month transitional period applies, during which the Annex 15 is required to be replaced by an Annex 64.
applies, during which the Annex 15 is required to be replaced by an Annex 64.
Third country nationals residing in the UK – New Visa D “B63 – Frontier Worker”
The newly introduced process is for UK-based frontier workers to apply for a Visa D (B63) with the Belgian diplomatic or consular authorities in UK They no longer need to obtain an Annex 15 from the Belgian municipality. The Visa D (B63) will be valid for maximum one year, renewable.
The Visa D (B63):
- confirms an entry and exit right for more than 90 days;
- does not confer a right of residence in Belgium; and
- does not itself constitute authorisation to carry out professional activities in Belgium.
The appropriate work authorisation are expected to be applied for or held separately. UK-based frontier workers holding an Annex 15 could apply for the Visa D promptly as the new rules have come into effect on 15 August without transitional measures applying.
Loss of frontier-worker status
The right to enter and leave Belgium for stays of more than 90 days ceases if the individual:
- no longer meets the frontier-worker definition or qualifying conditions;
- takes up residence in Belgium;
- loses the right to reside in their country of principal residence;
- no longer holds the required Belgian work authorisation; or
- obtains or uses frontier-worker status fraudulently.