Posting workers to Belgium: what are the residence regulations?

Employees from other EU member states are posted to Belgium on a daily basis. This concerns both employees with an EU nationality and non-EEA nationals.

The principle of free movement of services applies to EU workers. Non-EEA workers usually have a valid residence and work permit in the Member State from which they are posted. However, many employers wrongly assume that this permit automatically entitles you to stay in Belgium. That is not the case.

In addition, despite the free movement principle, EU nationals must also comply with the Belgian residence regulations.

Complementary Belgian residence regulations

A residence and work permit from the posting Member State does not confer an automatic right of residence in Belgium. Nor does the free movement of services eliminate the fact that there are obligations regarding the right of residence.

The Belgian regulations on residence are complementary and must always be complied with.

Non-EEA employees

Non-EEA employees must report to the municipality of their residence in Belgium:

• Short stay (maximum 90 days): Employees must report their presence within 3 working days of arrival. They will receive a declaration of arrival (annex 3 – bijlage 3), which legitimizes their stay. If the employee is staying in a hotel, campsite, etc., they do not have to report to the municipality. In this case, it is the tourist accommodation that must report the presence. The tourist accommodation in question must be subject to the control of travellers.
• Long stay (more than 90 days): Employees must apply for registration in the register of foreigners. The Immigration Office (Dienst Vreemdelingenzaken – DVZ) decides on the right of residence. If approved, an A-card can be applied for and issued.

EU employees

EU nationals are also subject to a reporting obligation:

• Short stay (maximum 90 days): Within 10 working days of arrival, employees report to the municipality and receive a declaration of arrival (bijlage 3ter). Here too, if the employee is staying in a tourist accommodation subject to the control of travellers, they do not have to report to the municipality themselves.
• Long stay (more than 90 days): Employees apply for registration in the register of foreigners. After approval by the Immigration Office (Dienst Vreemdelingenzaken – DVZ), an EU card can be applied for and issued.

Documents and procedure

For both short and long stays, various documents must be submitted, such as Limosa, A1 and – if applicable – the foreign residence and work permit.

For non-EEA employees, an administrative fee is also due in the event of an application for a long stay.

The procedure for registration in the register of foreigners (long stay) can take up to six months. Therefore, it is important that non-EEA employees submit this application as soon as possible after their arrival.

For EU employees, all documents must be submitted immediately. A period of three months to deliver documents is not being granted.

Practical bottlenecks

The long duration of the procedure creates problems in practice, especially for non-EEA employees. This is because there may be a period in which the permitted short stay has expired, while the long stay has not yet been approved. In the meantime, the employee does not have a valid residence document.

Longer periods without a valid residence document also have consequences for the work permit (see our previous article), which still has to be assessed separately.

EU workers do not face this problem, as they receive an Annex 19 as a temporary proof of residence during the application process.

An additional complication may be caused by the introduction of the Entry/Exit System (EES) on 10 April 2026. Since then, municipalities may only issue the declaration of arrival (annex 3 – bijlage 3) for non-EEA nationals on the instructions of the Immigration Office, and no longer on their own initiative.

For third-country nationals with a residence card or a D-type visa in another Member State, the municipality does not have to request an instruction from the Immigration Office and the annex 3 can be issued immediately.

It is still unclear whether this will lead to longer waiting times in practice and thus to an increased risk that non-EEA employees will be temporarily without a valid residence document.

Conclusion

Posting to Belgium requires registration with the municipality for both EU and non-EEA employees, depending on the length of stay.

Non-EEA employees are at greater risk of periods without a valid document in long procedures.

With the introduction of the EES in April 2026, waiting times may increase. Employers are advised to register their employees immediately upon arrival and provide all necessary documents as soon as possible to avoid delays and problems.

Van Havermaet can play an active role in complying with the residence rules. Do not hesitate to contact us.