Search Q&A
Regarding permanent residency in Belgium
I am Indian working in Belgium (Type-B work permit)
I arrived here (Belgium) in 2012 Sep and currently in my 5th year.
Normally next renewal during my 6th work permit (5th renewal), I should get type A card/ permanent residence.
But now I have been asked by employer in Europe if I could go to US for few months (max 1 year) to handle some projects.
As am due to receive permanent residency in Oct 2017 (provided I maintain 5 years of continuous legal residence).
Is it possible maintain legal residence by getting Belgian pay slips (partial pay - need to discuss with my company) which are required for application of permanent residence to show that I still have employment in Belgium and am still eligible for permanent residence?
FYI, My wife and kid will contine to live in Europe and I plan to visit them as and when required.
<My question>
Please advice how I could handle my situation so thay I don't throw away an opportunity getting permanent residencey in Belgium.
If you think, there is a way this could work, I would like to take professional consultation.
As long as your company files the next (and hopefully last) WP B next year, you should get your PR when you apply for ID card based on that WP.
Your travel to the US should not matter as long as you are not de-registering from Belgium which you would not because if you did your wife and kids would have to leave the country as well.
But please use a good attorney to confirm if your absence from Belgium in the next year will affect your PR chances. My guess is that it won't as long as your last (6th) WP is applied for.
Good luck! I am applying for permanent residency today.
P.S. processing the application for Permanent Residency can take up to five months ...
Additionally:
Instead of asking you to transfer to the US on an L1 why dont you see if you can continue to be paid in Belgium while going on a B1 for the first 6 months and come back just before 6 months are over and go back to the US for another 6 months. I know this may be against US B1 laws but its upto interpretation/actual job that you would be doing there but thats my 2c of assuring that you get your 6th WP filed for and PR subsequently.
Dears,
Did someone obtained recently D or B residence permit while he is under special tax regime for expat (RSI)?
Is it true that the the time spent under RSI will not be taken into account for the 5 years residence calculation ?
Thank you in advance.
