The Belgian Chamber of Representatives adopted a bill on Brexit

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The draft law shall enter into force on the effective date of Brexit (hereinafter referred as Effective Date), in case of no deal. The bill contains several titles, the first amends the Aliens Act.

Pending negotiations between the EU and the UK, the law can be repealed, amended, supplemented or replaced before 31 December 2020.

Right of stay

  • UK nationals and their family members currently lawfully residing in Belgium (i.e. registered in Belgium or will be registered before the Effective Date), are granted continuity of rights to 31 December 2020. Other family members in the meaning of Article 47/1 Law of 15 December 1980 are as well concerned.
  • Applications initiated before the Effective Date, will be processed under provisions into force before the Effective Date. No further clarifications in regard to the concept of “application in progress” on the Effective Date (i.e. the day on which an application shall be deemed to be initiated).
  • UK nationals lawfully residing in Belgium (registered and will be registered before the Effective Date), can be joined by their family members (after the Effective Date), provided that the application will be lodged before 31 December 2020.
  • Residence permits expire before 31 December 2020, will be renewed under the same conditions, to the latter date.
  • Applications for residence permits will be lodged after the Effective Date, will be processed under the rules govern third-country nationals’ right of entry and stay.
  • The above-mentioned provisions shall cease to be effective on 31 December 2020.

Right of work

The right of work is not under the scope of the bill adopted:

  • UK nationals will be lodging applications for an authorisation of stay for work purposes after the Effective Date, will be submitted to the single permit legislation. Applications will be lodged with the competent regional authority.
  • The right of work will be regulated at federal level. The Royal Decree of 2 September 2018 implementing the Law of 9 May 2018 on the occupation of foreigners in a particular situation of residence, will be amended accordingly. Professional cards shall be submitted to the same regime.

Social security

Current rights are granted before 31 December 2020 (pending collaboration with the UK competent authority).

Go to the profile of Tanel Feldman

Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides in-depth advice on rights and obligations triggered by the cross-border element of a given legal situation. Our know-how is built on an extensive experience in EU law and is supported by a network of partners across the EU. Social security coordination : • Autonomous application of the social security coordination regulations and ECJ case-law, to any situation involves a cross-border element EU Company law : • Establishment -permanent activities • Establishment -self-employment activities International Private Law : • Law applicable to the employment relationship Labour and employment law : • Freedom of movement of workers-equal treatment, access to social benefits • Employment contracts and termination of employment • Working conditions • Employee benefits • Transfer of undertakings • Authorisations of work for third-country nationals Special regimes : • Posted workers • Frontier workers • Highly mobile workers • Employment of record • Intra-EU mobility of third-country nationals

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