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Excluded categories

Some categories of people who are nationals of third countries and are highly qualified may not be granted a temporary employment permit or EU Blue Card.

It concerns among others :

  • persons who fall within the scope of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as posted to Belgium, (known as "posted workers");
  • persons enjoying the status of long-term resident in accordance with Directive 2003/109/EC, who have made use of their right to stay in the Kingdom to exercise an economic activity as a salaried of freelance worker;
  • persons who have been permitted or admitted to stay in the Kingdom as seasonal workers;
  • persons who have applied for permission to stay in the Kingdom as researchers, as defined in Directive 2005/71/EC, to conduct a research project in the framework of a hosting agreement;
  • persons who are permitted to stay in the Kingdom by virtue of a temporary protection arrangement or who have submitted an application for this reason and are awaiting a decision;
  • asylum seekers;
  • persons whose removal has been suspended for practical or legal reasons.

The excluded categories are listed exhaustively in Article 61/26, sub-section 2 of the Law of 15 December 1980 governing residence/right to stay.


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