Best Permanent Residency Lawyers in Hasselt

About Permanent Residency Law in Hasselt, Belgium

Permanent residency in Belgium gives non Belgian nationals the right to live in the country without a fixed end date. In Hasselt, as in the rest of Belgium, the city administration registers your application and identity documents, while the federal Immigration Office takes most final decisions for non EU nationals. There are different paths depending on your nationality and family situation.

EU EEA Swiss citizens who have legally lived in Belgium for five continuous years can obtain permanent residence as EU citizens. Their status is evidenced by a permanent residence card for EU citizens. Non EU nationals can obtain either a national right of unlimited stay or the EU long term resident status after five years of legal and uninterrupted residence, subject to conditions such as sufficient resources and health insurance. Family members of EU citizens have their own permanent cards after five years if conditions are met.

Permanent residence is a strong status, but it is not absolute. It can be lost for reasons such as long absences or serious public order issues, and the physical card must be renewed periodically even though the underlying right is of unlimited duration. Local procedures in Hasselt follow Belgian and EU law, and practical steps are handled by the city’s foreign residents desk.

Why You May Need a Lawyer

Many people manage their application themselves, but legal help is valuable when your situation is not straightforward. A lawyer can assess eligibility, ensure the right type of permanent status is requested, and present evidence clearly to avoid refusals or delays.

You may benefit from a lawyer’s help if you have gaps in your registered residence, long trips abroad, or changes of status such as student to worker. Other common reasons include past refusals or orders to leave, complex family reunification histories, criminal records or police reports, questions about which periods count toward the five year clock, or uncertainty about income and health insurance proofs.

Lawyers also help with appeals before the Council for Alien Law Litigation if an application is refused, with fee issues, and with planning for long absences to avoid losing your status. If you are considering Belgian nationality, a lawyer can explain how permanent residence interacts with naturalisation or nationality declaration.

Local Laws Overview

Permanent residence in Hasselt is governed by Belgian federal law and EU law, applied locally by the city administration. Key instruments include the Belgian Aliens Act of 15 December 1980, its implementing Royal Decree of 8 October 1981, Directive 2004-38-EC on EU citizens and family members, and Directive 2003-109-EC on EU long term residents for non EU nationals.

Main routes to permanent residence include the following. EU EEA Swiss citizens can obtain permanent residence after five years of legal and continuous stay if they met the residence conditions during that period. Family members of EU citizens can obtain a permanent card after five years under similar continuity rules. Non EU nationals can obtain a Belgian right of unlimited stay or the EU long term resident status after five years of legal stay if they show stable and regular resources, health insurance, and no serious public order issues. Some categories have specific counting rules for the five year period. Student years may count only partially. Time as an asylum seeker usually does not count until protection is granted, after which time generally counts.

Applications are lodged at the Hasselt city office responsible for foreign residents. You identify the status you are seeking, provide a valid passport or ID, biometric data, proof of continuous residence at your Hasselt address, and other supporting documents such as income and insurance evidence. For many non EU applications there is a federal administrative fee. The city transmits your file to the Immigration Office where required. Processing can take weeks to several months depending on the route.

Rights after recognition include residence without a set end date, the right to work without a work permit, and broader access to social benefits under Belgian rules. The plastic card has an expiry date for technical renewal, but your right to stay remains if you meet the legal conditions and have not lost the status. Permanent residence can be lost for prolonged absences. As a general guide, EU permanent residence is lost after an absence from Belgium exceeding two consecutive years. EU long term resident status can be withdrawn after a continuous absence from the EU of 12 months. Specific rules and exceptions exist, so take advice before long stays abroad.

Frequently Asked Questions

Who can apply for permanent residence in Hasselt

EU EEA Swiss citizens who have legally lived in Belgium for five continuous years can apply for permanent residence as EU citizens. Their non EU family members can also obtain a permanent family member card after five years. Non EU nationals who have legally resided in Belgium for five years without interruption may apply for a national right of unlimited stay or for the EU long term resident status, provided they meet conditions such as sufficient resources, health insurance, and no serious public order issues. Your exact route depends on your current residence card and history.

What does five years of continuous residence mean

Continuous residence means you were legally resident and registered at your main address in Belgium for five years without long gaps. Short absences for holidays or work trips are normally allowed. As a general rule, absences should not exceed six months at a time and should not add up to more than a set limit over five years, with some exceptions for important reasons such as serious illness, study, or postings. Keep proof of travel and reasons for longer absences. The city will also consider the police address check records to confirm your main residence in Hasselt.

Do study years count toward the five years

They can, but sometimes only partially. For EU citizens, periods as a student count if you complied with EU residence conditions such as health insurance and sufficient resources. For non EU nationals, time spent with a student residence permit may not count fully toward long term residence depending on your precise status. If you moved from student to worker or single permit, a lawyer can assess which periods count and from what date your five year clock runs.

What documents will I need

Expect to provide a valid passport or ID, current residence card, recent passport photo and fingerprints if required, proof of continuous residence at your Hasselt address, and health insurance. Non EU applicants usually need evidence of stable and regular resources such as employment contracts, recent payslips, tax assessments, or proof of self employment income. If your five year history includes different statuses, bring documents for each period. Certified translations may be required if documents are not in Dutch, French, or German.

How long does the process take

Timing varies. Some EU permanent residence applications are handled relatively quickly at the city level once eligibility is clear. Applications by non EU nationals that require a federal decision can take several months. Delays are common if documents are incomplete, if there are questions about absences, or if additional checks are needed. Apply early if your current card is close to expiry so you remain documented while the application is pending.

What fees apply

A federal administrative fee applies to many non EU permanent residence applications. The amount changes from time to time and depends on the type of application. There may also be a municipal fee for issuing the electronic card. Always confirm the current fees with the Hasselt city office before filing and keep payment proof. EU citizens applying for permanent residence typically do not pay the federal administrative fee, but card issuance costs may apply.

Can a criminal record affect my application

Yes. Belgian authorities can refuse or withdraw permanent residence on public order or national security grounds. Minor issues do not automatically prevent approval, but serious or recent convictions can lead to refusal. Provide judicial documents if requested and discuss your situation with a lawyer, who can prepare mitigating evidence and explain rehabilitation, stability of residence, family ties, and integration.

What rights do I get after permanent residence

You can live in Belgium without a fixed time limit, work without a work permit, and access many social rights subject to general eligibility rules. You must still renew the physical card when it expires. Holders of the EU long term resident status also have certain mobility rights to move to another EU country for work, study, or other reasons, subject to that country’s conditions and procedures. Permanent residence is not the same as Belgian nationality, which has separate requirements and benefits.

Will I lose permanent residence if I leave Belgium

Possibly, if you are away too long. As a general guide, EU permanent residence may be lost after an absence from Belgium of more than two consecutive years. EU long term resident status may be withdrawn after a continuous absence from the EU of 12 months. Different rules can apply depending on your card type and personal situation. Before a long stay abroad, seek advice and keep evidence of the reason and duration of absence. Always renew your card on time.

What if my application is refused

The decision letter explains why and how to appeal. Appeals are usually filed with the Council for Alien Law Litigation and must be lodged within short deadlines, which can be as short as 10 to 30 days depending on the case. A lawyer can assess whether to appeal, request suspension, or reapply with stronger evidence. Keep the envelope and the decision letter, as the date of notification determines the appeal deadline.

Additional Resources

Hasselt City Administration - Foreign Residents Desk. Handles appointments, identity checks, address registration, and the issuance of residence cards.

Immigration Office - Dienst Vreemdelingenzaken. Federal authority that decides on many non EU permanent residence applications and sets policy and fees.

Agentschap Integratie en Inburgering. Flemish agency that supports newcomers with integration courses, language pathways, and practical guidance.

Balie Limburg. The bar association for the Limburg region that can help you find an attorney experienced in immigration and residence law.

Bureau voor Juridische Bijstand Limburg. Legal aid bureau that assesses eligibility for subsidised legal assistance if you have limited means.

Europe Direct Limburg. Information point for EU citizen rights and practical guidance for EU nationals living in Belgium.

Next Steps

Identify your route based on your nationality and current residence card. EU citizens generally follow the EU permanent residence route. Non EU nationals choose between the national unlimited stay route and the EU long term resident route based on eligibility and future plans.

Collect documents that prove five years of legal and continuous residence, health insurance, and income. Include proof of address registration in Hasselt, employment documents or other income evidence, and travel proofs for any long absences. Arrange certified translations where needed.

Book an appointment with the Hasselt foreign residents desk to verify local requirements. Ask about current fees, biometric capture, and processing times. Ensure you keep copies of everything you submit.

If your history includes gaps, status changes, or potential public order issues, consult an immigration lawyer before filing. A lawyer can map which periods count, draft explanations for absences, and minimise the risk of refusal.

If refused, act quickly. Appeal deadlines are short. Keep the decision letter and seek legal advice immediately to protect your rights.

Plan ahead for travel. If you expect long absences from Belgium or the EU, get legal advice to avoid losing your status, and renew your card before it expires.