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12 months salary before applying for "sejour ilimite"?

nyamani77

Hello,

I faced a bizarre situation today:


I completed 5 years of legal non-interrupted residence in Belgium as per 14 August 2025.

I worked for >700 days (as per ONSS) but in two jobs. between the two jobs there was a few months of interruption part of the delay in my second job was because my annexe 46 and ID card came late and I understand I can't work before I receive them. nevertheless, during this gap, my previous ID card-A was valid so my stay was legal and i never get any chomage or benefit from the government during this time, I was living on my savings.


Some people advised me to have a lawyer and I did. The lawyer advised me to apply 2 months before the expiry of my ID card, meaning 1st July 2025. I faced a strong resistance from the commune that I should wait until 15 August 2025 so I officially completed 5 years in order to apply.


I mentioned this to the lawyer and he told me it is a B^*S*. Nevertheless, he said maybe it is better to listen to the commune so things will go smoothly.


I finally went on 18 August 2025. but now I received an email from them that " because you did not have a full 12 months working just before applying, you have to wait until 12 months?"

I started the new job 18 November 2024 and I supposed to start in july but due to the commune delay, I have now 10 months of salaries.


I read a lot and I did not see anywhere says that it is obligatory to have a 12 months of continuous work just before you apply to "sejour ilimite"


have you heard about this role? thank you

See also

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maharaji1984

@nyamani77

Did you apply card type A or L at 1st July?

nyamani77

d

nyamani77

@maharaji1984

when I arrived Belgium back in 2020, I came with carde-A and it is the same carde until today. so I have been working based on carde-A ALL THE TIME.




no worries. it is fixed, here comes the importance of having a lawyer, he sent my paper directly to the foreign affairs bypassing the commune.




what I did is that I replied to the commune email "can you send me a legal document or an article of the law which clearly stating that I had to work for 12 months continuously before applying for an unlimited permit?


they then replied that "we have reviewed your papers again and you can apply for long-stay residence" ...etc but the lawyer advised me to not sign anything with the commune at the moment as he already dealing with the ministry of foreign affair directly.

maharaji1984

I never heard such a rule before. They need to accept your application .

nyamani77

@maharaji1984

They refused my application :(

not because of the 12 months rule, but after they sent my application to foreign affairs they refused the "sejeur de long-duree" because: (this is important caveat)

  1. I started my initial work from May 2022 to February 2024. it was carde-A single permit i.e. only for this job
  2. I was searching for a new job between February 2024 until I started my new job on 11 November 2024


They refused my application because they consider the time while I was searching for a job as a time where I am not in the country !!! although I went to BAJ to make sure my stay is legal and they reassure me that I can stay to search for a new job as long as before my current carde expired (my ID cade associated with the old work was valid until May 2025)


the gap between the two jobs is not counted toward the 5-year rule.

I have one month to appeal, I contacted with my lawyer and now he is asking me for more money, plus he keeps telling me that it might be refused and you have to wait until you complete another 5 years :(

maharaji1984

@nyamani77

Sorry to hear that,

Please go to mycarreer and check if your 5 years working days  were covered . Otherwise they will not accept your application neither with a lawyer.

gbsc0609

@nyamani77

“You mentioned, ‘I was searching for a new job between February 2024 and when I started my new job on 11 November 2024.’ Were you in Belgium or outside Belgium during this period? I heard that if you stay outside the country for more than six months, your clock might be reset.â€