Professional card for foreigners

• Would you like to work as a self-employed professional in Belgium?
• Would you like to register your company as a natural or legal person or act as the representative of a company or association (paid or unpaid representative)?
• You are not a Belgian national?
• You do not have a nationality from one of the member states of the European Economic Area (European Union, Norway, Iceland and Liechtenstein) or Switzerland? 

If you answered “yes” to all of these questions, you must obtain a professional card (with certain exceptions).

The professional card for foreigners is an authorisation which permits foreigners to work as self-employed professionals in Belgium.

This section helps you learn more about the professional card:

• It explains the different steps to take before obtaining it;
• It explains the goals of legislation regarding the card, the card request procedure, how your request will be examined as well as your obligations after obtaining the card;
• It helps you understand why the Belgian administration needs certain information in order to be able to process your request as quickly as possible;
• It provides information to those who already have a professional card and wish to modify or renew it.

If you have comments and suggestions, please do not hesitate to contact us!

1. What is the professional card?

2. What is the goal of legislation regarding the professional card?

3. What criteria must be met to obtain a professional card?

4. Where may I submit my request for a professional card?

5. How do I request a professional card?

6. If my request is denied, may I send a new request?

7. What is the procedure for examining my request for a professional card?

8. Is there any way to appeal a denied request for a professional card?

9. How long is the professional card valid?

10. How much does the professional card cost?

11. What other administrative formalities must I carry out before I am able to work?

12. How will I be able to keep in touch with administrative authorities?

13. Who should I contact for more information or in case of questions?

14. Who is exempt from the requirement for a professional card?

1. What is the professional card?

It is a type of required authorisation:

• If you are not Belgian;

or

• If you do not have a nationality from one of the member states of the European Economic Area (European Union, Norway, Iceland and Liechtenstein);

or

• If you are not Swiss;

or

• If you are not exempt from this requirement for other reasons  ;

and

• If you would like to work as a self-employed professional in Belgium, as a natural person or the representative of a company or an association (paid or unpaid representative).

2. What is the goal of legislation regarding the professional card?

This legislation aims to strike a balance between the aspirations of foreign nationals who wish to work as a self-employed professional in Belgium and the country’s economic, social and cultural interests.

3. What criteria must be met to obtain a professional card?

There are three criteria:

• Lawful residence;
• If you have not established lawful residence, you must request it from the consulate or diplomatic post at the same time as the request for your professional card;
• Adherence to regulatory obligations, in particular those concerning the professional activity;
• Your project’s interest for the country of Belgium;
• This interest is expressed in terms of economic utility, i.e.: response to an economic need, jobs creation, useful investments, economic advantages for companies located in Belgium, opening new export markets, innovative activity or specialisation. This interest may also be social, cultural, artistic or sporting.

4. Where may I submit my request for a professional card?

Where should I send my request for a professional card?

• At the Belgian consulate or diplomatic post in your country of residence, if you live abroad;
• At an accredited enterprise counter of your choice, if you have a valid "model A registration certificate" or valid proof of registration at the Aliens’ Register.

One exception to this rule:

If, for security reasons, you are not able to make this request in your country of residence, you may do so either at a Belgian diplomatic post or consulate in another country or at an enterprise counter.

The latter requires prior authorisation from the Ministries of the Self-Employed and the Interior. It must be requested from the Ministry of the Self-Employed, along with a description of the reasons for this request and any documents which show proof of your situation.

5. How do I request a professional card?

You must use one of two request forms, duly completed, dated and signed.

• If you live abroad: Request form for the professional card for foreigners (DOC, 91 Kb) which must be filed at the Belgian diplomatic post or consulate of your country of residence.
• If you have a valid “model A registration certificate” or valid proof of registration at the Aliens’ Register: Request form for the professional card for foreigners (DOC, 83.5 Kb) which you may file at the enterprise counter of your choice.

The request must include all of the required documents as well as any other documents that you deem important for examining your request.

The request file must also include proof of payment of the required tax, placed at the beginning of the file.

6. If my request is denied, may I send a new request?

After a refusal, you must wait two years after the date on which you filed the previous request before filing a new request.

This two-year delay is not applicable:

• If the refusal was the result of a decision of inadmissibility;
• If you can show proof of new information regarding your request;
• If you request is in regard to a new type of professional activity.

7. What is the procedure for examining my request for a professional card?

• The diplomatic post or consulate or the enterprise counter which received your request will forward your file within five days to the Economic Authorisations Service.
• The  Economic Authorisations Service verifies whether your request follows the rules laid out in points 4 and 5.
  • If not, your request will be declared inadmissible and you will be notified via the diplomatic post or consulate or enterprise counter which received the request.  
  • If these rules were followed, the Economic Authorisations Service will then examine your request.
• The request will be examined according to the three criteria indicated below :
  • Lawful residence
  • All decisions on this matter are made by the Aliens' Office in particular if you have not established lawful residence in Belgium;
  • Adherence to regulatory obligation 
  • The Economic Authorisations Service verifies whether you and/or your company have the access required for your intended projects and whether you meet other obligations regarding your status.
    

  • Given the large number of possible situations, this part of the request requires contact with the Economic Authorisations Service or an enterprise counter.
    At this stage of the procedure, if you or your company do not have legal access to the professional activity, you must still contact an enterprise counter (full liste here)

  • The utility of the project
  • The Service collects all information necessary for examining this part of the request:
    • Detailed description of the project;
    • Skills and experience of the applicant;
    • Financial capability;
    • Market study;
    • Financial analysis;
    • Contact with business partners;
    • Draft contracts;
    • Status or draft status as a company, etc.

    In short, this Service requires all documents which help determine your project’s utility for Belgium.

• The decision
  • If the request meets the required criteria, the Economic Authorisations Service will issue the professional card. You will pick it up at an enterprise counter.
  • Otherwise, the Economic Authorisations Service will notify you of the refusal (including the reasons for refusal) via the diplomatic post or the enterprise counter.

8. Is there any way to appeal a denied request for a professional card?

If your request for a professional card is refused, you may appeal this decision at the Ministry of the Self-Employed.

You must file this appeal within thirty days of the day following the date when you were notified of the decision.

The minister will contact the Economic Investigation Council immediately, which will give its opinion. This opinion must be provided within four months.

The Council is a body which is independent from government authorities. It is chaired by a magistrate or a lawyer and is composed of government officials representing the different departments concerned by the matter. It may request any additional information related to the request.

The Council encourages you to appear in defence of your interests. Traditionally, you may request assistance from a person of your choice. However, if you are not able to be present, you may only be represented by a lawyer. If you provide due justification for why it is impossible for you to attend the hearing, you may request to postpone the hearing.

The Council will inform you of its opinion as well as the address. If the Council does not inform you of its decision within the allotted delay, the Minister will decide alone.

The Minister has two months to make a decision after the date of notification of the Council’s opinion or the deadline of four months if the Council has not provided an opinion within this time period.

If the Minister does not provide a decision within two months, the Council’s opinion shall be deemed to be the final decision.

If neither the Council nor the Minister provides an opinion before these deadlines, the appeal is rejected.

You will be notified of the decision directly. The decision may be appealed before the Council of State within sixty days of the day following the date when you were notified of said decision.

9. How long is the professional card valid?

The professional card is attributed for a period of five years maximum.

Generally, an initial card is provided for a probation period of two years.

Once it expires, it may be renewed as long as you have met all of your regulatory, tax and social security obligations as well as the utility criteria required for authorisation of the card.

You must submit the request for renewal at least three months before the card’s expiration date via the chosen enterprise counter.

The card is issued for one or more precise activities (mentioned on the authorisation). You must acquire a new authorisation in advance of any change or additional activity. Similarly, any change to the particulars given on the authorisation implies a modification of said particulars.

You may also request these changes at the Economic Authorisations Service via the chosen enterprise counter. The same process applies for replacement of a lost or destroyed card. In the latter case, your request must be accompanied by a sworn declaration of loss or destruction.

The validity of the card is related to the cardholder’s lawful residence. If this lawful residence is revoked, the card is no longer usable and must be returned to the enterprise counter. 

10. How much does the professional card cost?

• Request for a first professional card or a modification, replacement or renewal of said card: 140 euros.
• Delivery or renewal of the professional card, via anenterprise counter : 90 euros per year of the card's validity.
• No fees are required for the delivery of a modified or replaced card.  

11. What other administrative formalities must I carry out before I am able to work?

After receiving the professional card, if you are self-employed you must go to the enterprise counter to:

• Obtain your business number;
• Register with the Crossroads Bank for Enterprises.

If your self-employment status so requires, you must then:

• Register for the VAT;
• Register with a social insurance fund for self-employed workers.

If you a responsible for the daily management of a company as a representative or agent of that company, you must:

• Register your professional card with the Crossroads Bank for Enterprises via the enterprise counter;
• Register with a social insurance fund for self-employed workers.

If you are an administrator or an associate, you are only required to register with a social insurance fund.

To create a business in Belgium, you must file your business status with the Registry of the commercial court for the area where the headquarters of your business is located.

At this time, the business will be registered with the Crossroads Bank for Enterprises and will receive its business number.

In addition, if the company engages in business activities, it must:

• Obtain access to the profession via an enterprise counter ;
• Register its activities with an enterprise counter ;
• Register for the VAT.

Finally, if it employs any personnel, it must register with the National Social Security Office.

12. How will I be able to keep in touch with administrative authorities?

You may request a card or modification, renewal or replacement of a card via the diplomatic post or consulate or via the enterprise counter of your choice, according to the case, using one of the following request forms:

• Request form via the diplomatic post or consulate (DOC, 91 Kb) ;
• Request form via the enterprise counter (DOC, 83.5 Kb).

The enterprise counter will deliver the professional card; the diplomatic post, consulate or enterprise counter will inform you of any decision to refuse a card.

A registered letter informing you of any appointments with the Economic Investigation Council will be sent to the address you provided. The same procedure will be followed to notify you of the Council’s opinion.

Any other contact will be made, at your choice, by post, fax or e-mail. You must specify this preference in writing in the request form or by post.

You must also communicate with the administrative authorities via an authorised person, lawyer or third party that you specifically designate.

However, you may only be represented before the Economic Investigation Council by a lawyer.

You may also access your request file at the Economic Authorisations Service or at the Registry of the Economic Investigation Council and receive a copy of this file.

You may also entrust your representative with doing so.

13. Who should I contact for more information or in case of questions?

Federal Public Service Economy, SMEs, Self-employed and Energy

Directorate-General SME Policy
Economic Authorisations Service
WTC III, 12th floor
Boulevard Simon Bolivar, 30
1000 Brussels, Belgium
Tel.: +32 2 277 80 85 or +32 2 277 74 01
Fax: +32 2 277 53 66
E-mail: professionalcard@economie.fgov.be

You may also make an appointment from 9 a.m. to 4 p.m. on working days or, in case this is impossible, on Tuesdays and Fridays until 8 p.m.

Registry of the Economic Investigation Council
WTC III, 13th floor
Boulevard Simon Bolivar, 30
1000 Brussels, Belgium
Tel.: +32 2,277 67 47
Fax: +32 2,277 53 63   
E-mail: conseildetablissement@economie.fgov.be ou vestigingsraad@economie.fgov.be

You may also make an appointment from 9 a.m. to 4 p.m. on working days or, in case this is impossible, on Tuesdays and Fridays until 8 p.m.

ForeignInvestments Service
City Atrium C
Rue du Progrès, 50
1210 Brussels, Belgium
Tel.: +32 2 277 78 08
Fax: +32 2 277 53 06
E-mail: invest.belgium@economie.fgov.be

Contact an accredited enterprise counter

Aliens’ Office
WTC II
Chaussée d’Anvers, 59b
1000 Brussels, Belgium
Tel.: +32 2 793 80 00

State Council
Rue de la Science, 33
1040 Brussels, Belgium
Tel.: +32 2 234 96 11 

14. Who is exempt from the requirement for a professional card?

Certain categories of foreigners are exempt from the professional card due to the nature of their activity, the nature of their residency permit or when carrying out the terms of international treaties. The list is as follows:

• Foreigners with a valid Foreign Identity card or a valid CIRE (certificat d’inscription au registre des étrangers, or proof of registration at the Aliens’ Registry) of unlimited duration;
• Citizens of a member state of the European Economic Area (member states of the European Union, Norway, Iceland and Liechtenstein) and on the condition that they live in Belgium with:
  1. Their spouse;
  2. Their children or their spouse’s children under age 21 or who are dependent;
  3. Their dependent parents or their spouse's dependent parents, with the exception of the dependent parents of a student or those of a student's spouse;
  4. The spouse of the persons mentioned in points 2 and 3;
• The spouse of a Belgian citizen, and on the condition that they live in Belgium with:
  1. Their children or their spouse’s children under age 21 or who are dependent;
  2. Their dependent parents or their spouse’s dependent parents;
  3. The spouse of the persons mentioned in points 1 and 2;
• Refugees recognised by the Belgian government;
• Any spouses who assist or stand in for their spouse in the exercise of their self-employed professional activity;
• Any foreigners on business trips as long as their stay (required by the trip) does not exceed three consecutive months. The following are considered business trips: any trips within Belgium by a foreigner whose main residence is not in Belgium and who arrive on his own behalf or on behalf of his company with the goal of:
  1. Visiting professional partners;
  2. Seeking and developing professional contacts;
  3. Negotiating and signing contracts;
  4. Participating in salons, trade fairs and exhibitions to present and sell his/her products or those of the company;
  5. Participating in meetings of boards of directors or companies’ general assemblies;
• Foreigners whose main residence is not in Belgium and who come to Belgium to hold conferences, as long as the duration of their stay (required by their activities) does not exceed three consecutive months;
• Foreign journalists whose main residence is not in Belgium and who come to Belgium for journalistic purposes, as long as the duration of their stay (required by their activities) does not exceed three consecutive months;
• Foreign athletes as well as their self-employed assistants whose main residence is not in Belgium and who come to Belgium as part of their respective professional activities, as long as the duration of their stay (required by their activities) does not exceed three consecutive months;
• Foreign artists as well as their self-employed assistants whose main residence is not in Belgium and who come to Belgium as part of their respective professional activities, as long as the duration of their stay (required by their activities) does not exceed three consecutive months;
• Foreign students with lawful residency in Belgium participating in an internship required by their studies, for the duration of this internship;
• Foreigners who come to Belgium to participate in an internship approved by relevant authorities as part of development cooperation or exchange programmes based on reciprocity, for the duration of their internship;
• Foreigners registered with the Bar Association or the list of judicial trainees, in application of the Royal Decree of 24 August 1970 serving as an exemption to the condition of nationality laid down in Article 428 of the Legal Code relative to the title and exercise of the profession of lawyer;
• Executives and independent researchers working for coordination centres covered by Royal Decree No 187 of 30 December 1982 relative to the creation of coordination centres.