Belgium will overhaul the rules governing cross‑border workers on 17 August 2026. The new framework streamlines procedures for EU citizens while introducing a distinct documentation regime for non‑EU nationals residing in neighboring countries or the United Kingdom.
Definition
A cross‑border worker is someone who works in Belgium but keeps their main residence abroad and travels regularly between the two locations. Such workers are not entered in the Belgian National Register.
Changes by Nationality
EU Citizens
- No longer required to register with the local municipality.
- Can enter and leave Belgium for work using a valid ID card or passport.
- Annex 15 (the previous cross‑border permit) is discontinued.
- If the worker later moves their main residence to Belgium, the standard EU residence procedures apply.
- A BIS number can still be requested if needed for tax or social‑security purposes.
Non‑EU Nationals Residing in France, the Netherlands, Germany, or Luxembourg
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Applications must be filed through the municipality where the work is performed in Belgium.
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Workers receive an Annex 64 (replacing Annex 15).
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Annex 64 characteristics
- Not a residence permit; it only authorises entry and exit for cross‑border work.
- Does not confer a Belgian right of residence.
- Validity is tied to the professional authorisation and is generally limited to a maximum of one year.
- Cannot exceed the expiry date of the holder’s passport or the residence permit issued by the neighboring Member State.
- The holder must confirm that their main residence remains in the neighboring country.
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Applicable categories: employees, self‑employed workers, and posted workers.
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Renewal: Possible if the cross‑border conditions continue to be met; the same supporting documents as the initial application are required.
Non‑EU Nationals Residing in the United Kingdom (including UK nationals and other third‑country nationals)
- Applications are submitted to the competent Belgian embassy or consulate in the UK.
- Successful applicants receive a D‑visa B63.
- The visa does not grant residence rights in Belgium and no municipal registration is required.
Transitional Arrangements
- Existing Annex 15 permits remain valid for 12 months after the 17 August 2026 start date. After that period, holders must transition to Annex 64 (or the appropriate visa for UK residents).
Practical Steps for Employers and Workers
For non‑EU workers in France, the Netherlands, Germany, or Luxembourg
- Submit a new Annex 64 application for all new cross‑border hires.
- Existing Annex 15 holders should prepare to switch to Annex 64 before the 12‑month grace period ends.
- Required documentation
- Valid passport.
- Valid residence permit from the neighboring country.
- Declaration confirming that the main residence remains abroad.
- Proof of professional activity in Belgium:
- Employees – work permit or authorisation to work.
- Self‑employed – professional card.
- Posted workers – work authorisation or A1 certificate.
For non‑EU workers residing in the United Kingdom
- Apply for a D‑visa B63 through the Belgian embassy/consulate in the UK as early as possible, given potential appointment bottlenecks.
- No municipal registration is required after the visa is issued.
Risks and Caveats
- Annex 64 does not provide a pathway to Belgian residence; workers must maintain a valid residence status in their home Member State.
- The one‑year maximum validity may require annual renewal, increasing administrative workload.
- Failure to demonstrate that the main residence remains abroad can lead to denial or revocation of Annex 64.
- For UK applicants, limited consular appointment availability could delay the start of employment if the visa process is not initiated promptly.
Employers should update internal onboarding procedures to reflect the new application channels and document checklists, while workers must ensure continuous compliance with both Belgian and home‑country residency requirements.
Source article: newlandchase.com
