Best Golden Visa Lawyers in Ghent
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Find a Lawyer in GhentAbout Golden Visa Law in Ghent, Belgium
Belgium, including the city of Ghent, does not operate a traditional Golden Visa program as known in countries such as Portugal or Spain. However, foreigners from outside the European Union may be eligible to reside in Belgium if they make significant investments or start a business. This pathway is sometimes referred to as the Belgium Investor Visa or Business Residence Permit. It allows qualifying individuals to obtain long-term residence status by investing in local businesses, establishing their own company, or making a substantial economic contribution.
Applicants are expected to comply with strict legal, financial, and administrative requirements, especially relating to company formation, business operations, and demonstrating that the enterprise creates jobs and benefits the Belgian economy. Ghent, as a vibrant hub for innovation and business, is an attractive location for potential investors seeking such opportunities.
Why You May Need a Lawyer
Seeking legal advice is highly recommended for anyone considering pursuing investor or business-related residency in Ghent, Belgium. The process is complex, involving several national and local regulations concerning company formation, investments, taxation, and immigration. Here are some common situations in which a legal professional can be invaluable:
- Choosing the appropriate legal structure for your investment or business in Belgium
- Ensuring all paperwork, permits, and applications are correctly completed and submitted
- Navigating language barriers and understanding legal documents, which are often in Dutch or French
- Complying with reporting obligations, employment regulations, and local labor laws
- Advising on optimizing your tax situation and fulfilling all fiscal requirements
- Assisting with family reunification applications or dependent visas
- Handling appeals or issues in case an application is delayed or rejected
- Ensuring ongoing compliance after residency is granted
A qualified lawyer with experience in immigration and business law can greatly improve your chances of a smooth and successful process.
Local Laws Overview
Ghent operates within the framework of Belgian federal law, as well as Flemish regional regulations. The key aspects of local law relevant to Golden Visa or investment-based residency include:
- Residence Permits: Belgium does not offer a direct purchase Golden Visa, but allows non-EU nationals to apply for a long-term residence permit if they establish a genuine business or make significant investments.
- Company Formation: Investors commonly form a Belgian company, such as a BV (private limited liability company). There are strict requirements regarding minimum capital, company address, and ongoing operations.
- Economic Utility Test: Immigration authorities assess whether the enterprise will contribute to the Belgian economy, such as creating jobs or introducing innovation.
- Taxation: Investors are subject to Belgian taxes and must register with the local tax authorities. Professional advice may be needed for tax optimization and compliance.
- Renewal and Permanent Residency: Residence permits are initially valid for a limited period and can be renewed if the business remains active and compliant. Long-term stay can eventually lead to permanent residency or citizenship under certain conditions.
All documents are usually required in Dutch or French. The process can take several months and involves multiple government departments, so careful planning and legal guidance are crucial.
Frequently Asked Questions
What is the Golden Visa in Ghent, Belgium?
Belgium does not offer a classic Golden Visa by real estate investment. Instead, non-EU nationals can obtain residence permits by establishing and running a business that contributes to the Belgian economy.
How much do I need to invest to be eligible?
There is no official fixed investment amount. However, your business must be economically viable and able to cover running and staffing costs. Typically, an initial investment upwards of 35000 EUR is recommended, but specific amounts vary case by case.
Can I buy a property to get residency?
Simply buying real estate in Belgium does not qualify for a residency permit. The primary pathway is through investment in an active business.
Do I need to speak Dutch or French?
Knowledge of Dutch or French is not required for the business residency application, but many official documents must be submitted in one of these languages. Familiarity with the language can be helpful in running a business and integrating locally.
Can my family come with me?
Yes, once you obtain your residence permit, your spouse and minor children can usually apply for family reunification permits to join you in Belgium.
How long does the process take?
The initial application process can take three to six months, depending on the completeness of your documents and the workload at the immigration office.
Is permanent residency or citizenship possible?
Yes. After five years of legal residency, you may apply for permanent residence. Citizenship can be considered after five to ten years, subject to additional integration requirements.
Do I need to physically live in Ghent?
Yes, you are generally expected to reside primarily in Belgium for your residence permit to remain valid, and your business must be active and operational.
Can I work or study in Belgium with this residency?
Yes, the investor or self-employed residence permit allows you and your family to live, study, and work in Belgium.
What happens if my business closes?
If your business ceases operations, your residency status may be at risk unless you switch to another type of residence permit or re-establish another viable business.
Additional Resources
If you are considering investment-based residency in Ghent, these resources may be helpful:
- Federal Public Service (FPS) Immigration Office Belgium - Handles residence permits and immigration applications
- City of Ghent Expat and Immigration Services - Local guidance for newcomers, including business owners
- FPS Economy Belgium - Information on company formation, business permits, and economic requirements
- Professional associations for lawyers and accountants - For finding specialized legal and tax advisers
- Belgian Chamber of Commerce (Voka) - Business networking and support services
Next Steps
If you are interested in obtaining an investment-based residence permit in Ghent, Belgium, consider the following actions:
- Consult a reputable immigration or corporate lawyer familiar with Belgian and local Ghent regulations
- Prepare a solid business plan detailing your intended investment, economic benefits, and operational strategy
- Gather all necessary documentation, including proof of funds, identification, and business credentials
- Begin the company formation process, ensuring you comply with all local requirements regarding structure and registration
- Submit your application to the relevant Belgian authorities with all supporting documents
- Remain available for any follow-up questions or interviews from the authorities
- Ensure you and your family fulfill ongoing residency and business operation requirements after arrival
Early legal advice can save time, money, and reduce risk of application denial. Each case is unique, so personalized guidance is crucial for success in navigating the Golden Visa process in Ghent.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.