Brexit - British nationals working in Belgium

The law of 16 December 2020 concerning the beneficiaries of the Withdrawal Agreement was published in the Belgian State Gazette. This law concerns British nationals and their family members who have exercised their right of free movement of persons before 31 December 2020, as well as certain family members who will join their British family members after 31 December 2020.

British nationals will be regarded as third-country nationals. The rules relating to EU citizens will therefore no longer apply to them. From 1 January 2021 onwards, it will therefore be necessary to apply for a work permit or "single permit" for British nationals employed in Belgium, unless an exemption applies. However, this will not be necessary for all British employees.

British nationals and their family members who reside in Belgium or work as frontier workers by 31 December 2020 at the latest may retain their right of residence and right to work in Belgium if they apply with their municipality by 31 December 2021 at the latest to obtain the status of beneficiary of the Withdrawal Agreement. More particularly, this concerns the following persons:

• frontier workers in possession of an Annex 15: upon presentation of their current Annex 15, an extract from the criminal record and a valid identity card or passport;
• persons who can prove that they have exercised their right of free movement by 31 December 2020 at the latest;
• holders of an E(+) or F(+) card: upon presentation of their current card, an extract from the criminal record and a valid identity card or passport; and
• certain family members arriving in Belgium after 31 December 2020: upon presentation of certain documents, they can still obtain the status of beneficiary up to 3 months after their arrival.

If the application is approved, beneficiaries of the Withdrawal Agreement will receive an electronic residence card (M-card) or an electronic local border traffic card (N-card). On the basis of these cards, they can continue to work in Belgium without limitation. Employers will therefore not have to apply for a single permit or work permit for British nationals who hold an M- or N-card. During the procedure, British nationals will continue to be able to reside and work in Belgium on the basis of their current residence documents. However, the validity of these documents will cease on 31 March 2022 at the latest.

Given the above, for employers, it will be important to request the residence documents of British nationals employed in Belgium and to keep a copy in the personnel file. If the employee qualifies for the status of beneficiary of the Withdrawal Agreement, the employee must apply for an M-card (residence card) or N-card (frontier worker) by 31 December 2021 at the latest. If the employee is not a beneficiary of the Withdrawal Agreement, the employee will have to apply for a work permit or "single permit", unless an exemption applies.

To read other articles in our series of client insights on Brexit - People issues, please see useful articles on our Brexit Feature page.