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L card request rejected

Hi ,

I have been staying in Belgium for 5years now.

and I moved to local contract 2 years back paying social security an tax. And I have not taken any break between both jobs

when I applied for L card , it was rejected saying that I was detached worker for first 3 years period ( I did not work for local firm and social security was not handled during that time only tax was paid from my side)

Should I contact immigration lawyer?

See also

Yes, you should absolutely contact an immigration lawyer. In Belgium, the rules governing "detached workers" (posted workers) state that this period is considered temporary. Because you were on a detached contract, the immigration office (IBZ) may not count those 3 years toward the 5 years of continuous, legal residence required for the permanent "L card" (long-term resident EU).

1 member reacted to this post

@SimCityAT

Thank you !!


Well, I have completed Dutch 2.2 level,聽 also integration course in Belgium. does it help me to obtain L card ? the rejection letter says that I have to wait until 2029. Can immigration lawyer do something to include detached contract period ?

@Kenzie marisa

It it was overseas contract.聽 聽..no one can help you out...its clearly mentioned...secondment or expat contract etc is NOT COUNTED

@Kenzie marisa

When did you apply , at which commune and when did you get the answer please ? I鈥檓 also waiting for a reply.


But as far as I know, if your contract was detached , not local, then the years are not counted for the 5 years required for the L card

@@Tomkar

In L card... commune does NOT MATTER. Rejection comes from ministry...

@pranav2424

Commune matters as some commune take time to send out the file to the ministry !


Just a simple example : I applied at Uccle commune, and I got the annex 16 BIS the same day I applied. And I didn鈥檛 need an appointment to apply.


But at Antwerp you can take 1 month to get an appointment and after applying they send you the annexe 16 BIS 1 month after application or even later.


and the 5 months waiting period start after receiving the annexe 16 BIS.


if commune takes time to send the file to the ministry, then your file will take longer. So it influences the timeline !

@Kenzie marisa

The decision letter you received for the rejection is fundamentally correct. The period of detachment (first 3 years) is not considered in the count of legal residence.


Even if you contact a lawyer, it will not help in your case. Best you can do is to apply in 2029.

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