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Mertens Advocatenkantoor
Diepenbeek, Belgium

Founded in 2011
1 person in their team
English
Advocatenkantoor Mertens Manu is a Belgian boutique law practice based in Diepenbeek, focusing on immigration law, environment and planning law, and commercial matters. The firm leverages a lean team to offer precise, technically sound representation and practical, client-focused solutions.With a...
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Do you need a lawyer for a work authorisation in Diepenbeek?

For a job based in Diepenbeek, the Flemish Region handles the work-authorisation part of most applications for non-EU employees. For employment lasting more than 90 days, the usual route is a single permit combining work and residence authorisation. The employer generally submits the application through Belgium’s official single-permit procedure; the federal Immigration Office assesses the residence part.

The workplace location matters. If the employee will work in Diepenbeek, Flemish rules generally apply, even if the employer’s registered office is elsewhere. A different region may be responsible if the actual place of work is there.

EU, EEA and Swiss nationals generally do not need a work authorisation, although residence and registration requirements may still apply. For other nationals, eligibility and documents depend on the job, salary, qualifications, duration and permit category. A lawyer is not compulsory, but can help resolve complex eligibility questions or a refusal.

When legal help can make a difference

  • A Diepenbeek employer wants to recruit a non-EU professional and needs to identify the right permit category, salary conditions and supporting documents before the start date.

  • A researcher or specialist is coming to work at a Diepenbeek campus or research site, and the employer needs to check whether a specific authorisation route or exemption applies.

  • An application has stalled because the authorities requested further evidence about qualifications, pay, the employment contract or the actual work location.

  • A worker already in Limburg wants to change employers or move to a job in Diepenbeek. The existing authorisation may be tied to a particular employer, role or region.

  • A seasonal, temporary or short-term assignment does not fit the employer’s assumption that a single permit is required, or the worker may qualify for an exemption.

  • An application has been refused, or a renewal deadline is approaching while the employee’s right to work or stay could be affected.

Rules that apply to work authorisations in Diepenbeek

Belgian federal law sets the framework, while the Flemish Region administers many work-authorisation decisions for jobs located in Diepenbeek. The following instruments are central; each must be read with later amendments and the rules for the relevant permit category.

  • Act of 30 April 1999 on the employment of foreign workers. This is the federal framework governing the employment of foreign nationals, subject to regional implementation and applicable exemptions.

  • Royal Decree of 9 June 1999 implementing the Act of 30 April 1999. It sets out implementing rules, including conditions and procedures for employing foreign workers.

  • Flemish Government Decree of 7 December 2018 implementing the Act of 30 April 1999 on the employment of foreign workers. This provides Flemish rules for work authorisations and has been amended since its adoption.

The single-permit process is also coordinated under the Cooperation Agreement of 2 February 2018 between the federal state, the regions and the German-speaking Community. The responsible authorities assess the work and residence elements under their respective powers.

Frequently asked questions

Who submits a single-permit application for a job in Diepenbeek?

In most cases, the employer submits the application through Belgium’s official single-permit procedure. The application is handled by the competent region for the workplace, with the federal Immigration Office assessing the residence component. The worker should coordinate closely with the employer and provide requested personal documents.

Does every non-Belgian worker need a work authorisation?

No. EU, EEA and Swiss nationals generally have access to the Belgian labour market without a work authorisation. Other foreign nationals may need one, unless a specific exemption applies. Residence formalities can still apply even when no work authorisation is required.

What is the difference between a single permit and a work authorisation?

A single permit combines authorisation to work and to reside in Belgium for employment lasting more than 90 days. A work authorisation refers to the permission to undertake the job, which may be granted separately for some situations or durations. The correct route depends on the worker’s status and the job.

Can a worker start before the permit is approved?

Generally, a non-EU worker must not begin work until the required authorisation is in force. Applying for a permit does not itself grant permission to work. The employer and worker should confirm the start date against the decision and any conditions attached to it.

How long does a single-permit application take?

Processing time varies with the permit category, completeness of the file and whether authorities request additional evidence. The regional work assessment and federal residence assessment are linked, so delays in either part can affect the outcome. Check current processing information with the competent authorities before setting a firm start date.

What does it cost to hire a work-authorisation lawyer?

There is no single fixed lawyer fee for every case. Fees depend on the work involved, such as reviewing eligibility, preparing an application or challenging a refusal; ask for a written fee estimate and clarify whether VAT and expenses are included. Government charges, if applicable, are separate and can change.

Can a worker change employers after receiving a permit?

Not necessarily under the existing authorisation. A single permit may be limited to a named employer, role or region, so a new application or approval may be needed before the worker changes jobs. Check the decision and current rules before accepting or starting the new employment.

Does the Diepenbeek municipality issue the work permit?

No. The Flemish authorities handle the work-authorisation decision for a job located in Diepenbeek, and the federal Immigration Office handles the residence component of a single-permit application. The municipality deals with local residence registration and related administrative formalities.

Can an employer apply if the worker is already in Belgium?

Sometimes, but the worker’s current residence status and the applicable application route matter. Being in Belgium does not automatically allow someone to work or to switch to a work-based residence status. The employer should verify the procedure before the worker starts.

What if the application is refused?

The refusal notice should explain the decision and any available appeal route and deadline. A lawyer can assess whether the problem is missing evidence, eligibility or a legal error, and advise whether to submit a new application or appeal. Deadlines can be short, so obtain advice promptly.

Does a short assignment in Diepenbeek require the same permit as a long-term job?

No. Work lasting 90 days or less may follow a different authorisation route, and particular categories may be exempt. Short duration alone does not guarantee an exemption; the worker’s nationality, activity and circumstances must be checked.

Official resources

  • Flemish Department of Work and Social Economy, Economic Migration service. Handles Flemish work-authorisation procedures and publishes information for employers and workers.

  • Belgian Immigration Office (Immigration Office of the Federal Public Service Home Affairs). Assesses residence-related elements of single-permit applications and provides information on residence procedures.

  • Diepenbeek municipal administration. Handles local residence registration and municipal formalities for people living in Diepenbeek; it does not grant work authorisations.

How to find and hire a work-authorisation lawyer

  1. Clarify the case. Ask the employer for the proposed job location, role, salary, contract duration and intended start date. Gather the worker’s nationality, current residence status and relevant qualifications. Allow one to three days.

  2. Identify the likely route. Check whether the case concerns a single permit, a shorter-term authorisation or a possible exemption. Confirm that the actual workplace is in Diepenbeek, since that helps identify the responsible region. Allow one or two days.

  3. Shortlist lawyers with relevant immigration and employment experience. Look for lawyers admitted to the Belgian bar and ask whether they regularly advise on Flemish economic migration and single permits. Allow several days to compare options.

  4. Arrange an initial consultation. Send the contract, prior decisions, authority correspondence and key dates securely in advance. Ask the lawyer to identify the main legal issues and any urgent deadlines.

  5. Agree the scope and fees in writing. Confirm whether the engagement covers eligibility advice, application preparation, authority correspondence or an appeal. Request an estimate of fees, VAT and expenses before work begins.

  6. Prepare and check the application file. Ask who will collect each document, whether translations or legalisations are needed, and how the employer will submit the application. Do not set a work start date that assumes approval before it is granted.

  7. Track the decision and follow-up duties. Keep copies of submissions and decisions, monitor any requests for further information, and confirm renewal or municipal registration requirements. Seek advice promptly if the authorities refuse the application or impose conditions.

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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.

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