Best Residence by Investment Lawyers in Herentals

About Residence by Investment Law in Herentals, Belgium

Residence by Investment is a process where individuals from outside Belgium can obtain legal residence in the country by making a qualifying investment. In Herentals, which is a city in the province of Antwerp, these programs are part of broader Belgian and EU immigration policies. By investing in local businesses, real estate, or creating employment opportunities, foreign nationals may become eligible for long-term residence permits. This allows them to live, work, and travel freely within Belgium and the Schengen Area. It's important to note that Belgium does not have a specific "Golden Visa" but offers residence permits through business investment and company creation paths, which are often used for similar purposes.

Why You May Need a Lawyer

Navigating Residence by Investment in Herentals can be complex. Many people require a lawyer for the following reasons:

• Understanding the eligibility requirements for investments and residence permits.
• Preparing and submitting accurate documentation to the local authorities.
• Structuring investments in a way that complies with Belgian law.
• Dealing with language barriers and official translations for required paperwork.
• Addressing refusals or complications in the permit application process.
• Handling post-approval requirements, such as renewals and compliance checks.
• Providing guidance on tax obligations linked to residency and investment.

A legal expert ensures the process goes smoothly and helps avoid costly mistakes that could jeopardize your chances of approval.

Local Laws Overview

Residence by Investment in Herentals is primarily regulated by federal Belgian immigration law, with local enforcement by regional municipalities like Herentals. The key aspects include:

• Types of Permits: The most common residence permit through investment relates to establishing or investing in a Belgian company, where the applicant must be actively involved in the business.
• Qualifying Investments: There is no fixed minimum for investment, but the business must be viable, create local value, and sometimes generate employment.
• Application Process: Applications are filed locally but must meet national criteria. Supporting documents can include business plans, proof of funds, criminal background checks, and evidence of accommodation in Herentals.
• Legal Compliance: Investments and business operations must comply with Belgian corporate, tax, and employment laws to maintain residence rights.
• Renewals and Permanent Residence: Temporary residence permits can be renewed if conditions are met. Continued compliance for several years may lead to permanent residence status.

Frequently Asked Questions

Is there a specific "Golden Visa" program in Belgium or Herentals?

No, Belgium does not have a formal "Golden Visa" program. However, residence permits are available through business investment, especially by setting up and actively managing a company in Herentals or elsewhere in Belgium.

What type of investments qualify for residence in Herentals?

Typically, investments involve creating a new business or investing in an existing one. The investment must show economic viability and have a positive impact on the local economy. There is no official minimum investment, but substantial funding is generally expected to demonstrate commitment.

Can I include my family members in my application?

Yes, immediate family members such as a spouse and dependent children may be eligible to join you under family reunification provisions, once you obtain a residence permit.

How long does the application process take?

Processing times can vary but expect several months, depending on the complexity of your case, the completeness of your documentation, and the workload of immigration authorities.

Do I need to know Dutch or French to qualify?

Language proficiency is not a formal requirement for receiving a residence permit, but knowledge of Dutch, the main language in Herentals, will be very helpful for integrating, running a business, and dealing with official matters.

What happens if my application is denied?

If your application is denied, you have the right to appeal the decision. A lawyer can assist in evaluating the grounds for refusal and guide you through the appeals process.

Are there tax implications to becoming a resident through investment?

Yes, becoming a resident in Belgium typically makes you liable for taxation on your worldwide income. Proper planning with a legal professional and tax advisor is strongly recommended.

Is it possible to eventually obtain Belgian citizenship?

After holding legal residence in Belgium for a certain period (usually five years) and meeting integration and language requirements, you may be eligible to apply for permanent residence and later citizenship.

Do I have to live in Herentals full time?

You are generally expected to reside in Belgium for the majority of the year when holding residence through investment, to demonstrate ties to the country and compliance with local laws.

Can I buy property in Herentals to qualify for residence?

Buying property alone is not sufficient to qualify for residence by investment. The main pathway is through business creation or investment in the local economy.

Additional Resources

If you are seeking further information or official guidance, the following resources and organizations can be helpful:

• Belgian Immigration Office (Dienst Vreemdelingenzaken/Office des Etrangers)
• City of Herentals Municipal Services (for local registration and compliance advice)
• Belgian embassies and consulates in your home country
• Belgian notaries and accredited legal professionals specializing in immigration law
• Local Chambers of Commerce, which provide support for business creation by foreign nationals

Next Steps

If you are considering Residence by Investment in Herentals, Belgium, your next steps should include:

• Consulting with a qualified Belgian immigration lawyer who can assess your personal circumstances and investment plans.
• Preparing all required documents, paying special attention to official translations and authentication if applicable.
• Learning about your tax obligations and planning your financial affairs before applying.
• Contacting the local city administration in Herentals to understand registration and compliance requirements.
• Ensuring continuous compliance with Belgian laws as your application progresses, and after you receive your permit.

Careful preparation and legal guidance are essential for a successful Residence by Investment application in Herentals. Taking these steps greatly increases your chances of a smooth and successful outcome.