International students Third-country nationals 1 : registration in city and application for residence permit

Transcription

1 International students Third-country nationals 1 : registration in city and application for residence permit Overview Version 31 st of March General information What is the definition of an international student? Registration as international student in a city Notification Registration Conditions for the residence status as international student 2. How to apply your residence? a. Short stay (max. 90 days) a.1 General notification procedure Declaration of arrival (Annex 3) a.2 Specific notification procedure in case of main place of residence in a neighbouring country (France, Luxemburg, Germany or the Netherlands) b. Long stay (more than 90 days) b.1 General registration procedure b.1.1 Registration Student visa type D b.1.2 Registration Change of statute (in case of visa C or visa exemption or valid residence card from another member state of the European Union) b.1.3 Registration Residence request extraordinary circumstances (in case of no legal residence) b.1.4 Renewal residence card (A-card) b.2 Specific notification procedure in case of main place of residence in a neighbouring country (France, Luxemburg, Germany or the Netherlands) 1 The term third-country national refers to a person who has neither the nationality of a member state of the European Union (=Bulgaria, Greek-Cyprus, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Czech Republic, United Kingdom and Sweden. ) nor the European Economic Area.(= member states EU + Iceland, Liechtenstein, Norway) (Swiss nationals have a special residence status, but are seen as EU nationals)(see residence procedure EU nationals) 1

2 1. General information Who is an international student? Every person without the Belgian nationality who is coming to Belgium in order to study, must have a student residence permit. EU-nationals and nationals from a country belonging to the European Economic Area benefit from more lenient residence regulations than third-country nationals.! The procedures in this note do not apply to persons without the Belgian nationality who have been residing in Belgium for a longer period and who own a residence permit which is not based on studying in Belgium. The procedures in this note do therefore only apply to persons without the Belgian nationality who have come to Belgium with the specific purpose to study in the country. Registration as international student in a city As soon as they arrive in Belgium, non-belgian students must contact in time the city where they are residing. This is important because a student needs to apply for a residence document. In order to obtain a residence document, the applicant must first arrange the notification or registration. Students who will stay in Belgium for at most 90 days do only have to notify the city.! In order to notify the city a student must have a residence address in that city. A notification implies that the temporary residence address is announced upon declaration of the city. Consequently this does not lead to a subscription in the inhabitants register of the city. This means that the students don t get a main residence (=domicile) in that city. Nor will a national register number be created. This can lead to difficulties during certain administrative procedures: Not possible to apply for a card to park car Sometime problems might show up when doing bank transactions The student can only pass a driving test when he uses annex 33 and when he asks for a holder number: Application at the Rijden counter (civil affairs department) or via (burgerzaken.reisp.rijb@stad.gent). In case of application via it is recommended adding a scan of the application form (annex 33). The Rijden counter will apply for the number at the FOD Mobiliteit (Federal Government Service for Mobility) The student will receive the document via mail. In general, following cases should not cause problems: To apply for a cell-phone subscription (only payment via domiciliation) To apply for an internet subscription (number of identity card is needed, not a national register number) To apply for a Buzzy pass (public transport subscription): sole precondition, from 6 to 24 years, the student must be able to present the address of his digs and a copy of ID/passport In order to work legally, the employer must report the presence of the student at the Belgian social security service. To this effect, he needs the national register number of the student. In case the student does not yet have a national register number, the presence of the student can be reported by means of his identification number of the social security service (INSZ), often abbreviated as creabis number. There are two ways to apply for this creabis number: the employer can make the application via or the student can apply for the number via the city where he is (temporarily) registered.! Sigedis cannot issue a creabis number to foreign jobstudents. The employer can proceed with the Dimona-notification without a creabis number if minimal identification data (name, given name, date and place of birth, gender, address) are available.. There is however an exception for foreign jobstudents who are employed as temporary worker in agriculture and horticulture: these students must apply for the creabis number via the city. For further information please contact: tel. 02/ or ident@sigedis.fgov.be or 2

3 Students who will be staying in Belgium for more than 90 days should normally be registered in the city.! In order to register in the city, the student must have a residence address in that city. Registration means that the address of residence will be registered as main place of residence (=domicile). A police officer will pass by to check whether the person concerned is really residing at that address. 2 This will lead to enrolment in the population register of the city. A national register number will be created. Enrolment is not possible for students residing less than 90 days in Belgium. Students who will stay longer than 90 days in Belgium can on some occasions choose not to register in the city. (see explanation annex 33) Conditions for the residence status as international student In general, these are the conditions for the residence: Having your identity document (= passport or identity card) Being inscribed in a bachelor or master study (or a preparatory or an additional study year with at least 27 credits) as a regular inscribed student(diploma contract with at least 54 credits) or as an exchange student (diploma or credit contract) The residence status of a student applies to non-belgian nationals who have come to Belgium to follow a bachelor or master study or in order to pursue a (pre)graduate study. Exchange students 3 and some trainees 4 are also eligible for this statute. A preparatory study year is also eligible for this statute. This includes: - seventh year of secondary education in preparation for studies of higher education 5 - one year language course in an establishment organised, recognised or subsidised by Belgian authorities under the following conditions: o Language course as preparation for studies of higher education (to start in the following academic year) o Only language course Dutch, French or German allowed (no English) and this preparatory language course not allowed, if student will enroll for studies of higher education in English o Preparatory language course only allowed for one year The residence status of a student does not apply to non-belgian nationals who have come to Belgium to pursue a post-doctoral study, a placement or research in view of a guest agreement. The residence legislation will consider them as migrant workers. Study at an educational institution which is recognized, organized or subsidised by the Belgian state or a private educational institution ( specific conditions and procedures are applicable for private education) 2 In principle, a simplified inspection procedure of the residence (without police check) is possible for a student who has to settle in Ghent, who is registered online at the International Student Counter and who is staying in a student home managed by one of the recognized institutes of higher education in Ghent. 3 An exchange student is a student (EU-citizen or third-country national) who: is enrolled in an institute of higher education abroad, and is registered in a Belgian institute of higher education, and has not paid an enrollment fee to that Belgian institute of higher education but to that institute of higher education abroad, and can not obtain a degree at that Belgian institute of higher education but only at that institute of higher education abroad, and who come to study in Belgium during 24 months at most. 4 The residence law only regards trainees as a student in case an internship is a necessary part of the studies in Belgium (enrolment certificate issued by an educational institution is necessary). In other cases (internship is a part of studies abroad or additional to completed studies) the trainee is considered to be a migrant worker. The International Student Counter does not treat files of migrant workers. Also the procedures explained here, are not applicable to migrant workers. 5 This is education especially organised to prepare a student for higher education and to broaden knowledge on one or more subjects. 3

4 Possess sufficient means of subsistence to cover residence, study, repatriation and medical expenses for academic year means of at least 631 euro netto/month required proof of means of subsistence is possible in various ways: scholarship, sponsorship document (annex 32), study loan, etc. Constitute no danger to the public health Constitute no danger to the public order or public safety! Due to a decision of the Belgian federal government as of 2th of March 2015 students are required to pay an additional contribution covering administrative costs (retribution) for some residence applications (see further in this information document). This contribution amounts to 200 euro (student who is enrolled in an educational establishment organised, accredited or subsidized by the government) or 350 euro (student who is enrolled in a private educational establishment) 60 euro (student who applies for the long-term resident status) Additional information as regards these residence conditions is to be found at > staying (more than 3 months) > to study Third-country nationals² possessing the status of long-term resident 6 in another EU-member state benefit from the same conditions as nationals from the European Union. 6 The term long-term resident refers to a special residence status for third-country nationals who have been residing legally in a member state of the European Union for a long period (5 years). These persons obtain under certain conditions the right to reside in other member states of the European Union in order to work or study, if they possess a special residence card as long-term resident. 4

5 2. How to apply your residence? a. Short stay (max. 90 days) a.1 General notification procedure - Declaration of arrival (annex 3) For whom? Third country nationals who are coming to study for a maximum duration of 90 days(as from the date of arrival in the Schengen zone) (e.g. exchange students or Ph D students). This is also possible for students who have a student visa type D, but don t want to stay longer than 90 days. 7 How to apply? Within 3 working days following their arrival in Belgium the students send an (internationalstudent@gent.be) in view of the notification. This notification mail should contain following data: subject: annex 3 first name and family name of the student nationality of the student correct and fully completed residential address in Ghent duration of the studies in Ghent scan the required documents o valid ID card or passport o valid visa (only for third-country nationals who must possess a visa) These students can not send a notification by means of the online Arrival Form. The students will receive a confirmation mail of receipt of the application. The students receive an with an appointment in order to present all the necessary documents to the Migration Counter in the Administrative Centre Zuid or in a service centre. If all the necessary documents are ok, a residence document (annex 3) is issued. The residence address of the student will determine whether the application will be handled in the Administrative Centre Zuid or in a service centre. Service centre: The students who reside outside the city centre (e.g. Nieuw-Gent district) report without an appointment at the competent service centre within 3 working days after their arrival in Belgium. You can find the contact information of the service centres (dienstencentrum) at this webpage: What items to bring along? valid passport valid visa (only for third-country nationals who must possess a visa) Correct and complete residential address in Ghent 3 recent and identical passport photos with the following criteria: Photo can t be older than 6 months Neutral facial expression, with closed mouth (no frown eyebrows, no visible teeth, no smile) Eyes open and clearly visible (no tainted glasses or spectacles/hair in front of the eyes) Head entirely visible, without accessories, unless for religious or medical reasons, but the nose, eyes, chin and head contours must be clearly visible Evenly lit and even background, without shadows Face should cover % of the photo surface 7 These students will need to sign a declaration that they don t want to use the student visa type D. 5

6 No underexposure or overexposure No reflection on the spectacles glasses, no light effects Next to the population office in the Administrative Centre Zuid is a photo booth at your disposal. The charge is 5 euro for 6 passport photos. What will the students obtain? A Declaration of Arrival (annex 3) for a maximum validity duration of 90 days, as from the date of arrival in the Schengen zone. They will immediately receive this document at the counter. In principle, annex 3 cannot be prolonged. Students who wish to stay for a longer time span, can introduce an application for a prolonged duration by means of a so-called change of statute (detailed explanation at item b.1.2). This residence procedure does not ensue in a registration in a Belgian city. The students do not obtain a main residence (= domicile ) in Ghent. This may be a problem in order to initiate other administrative procedures (see General Information: Basic principles as an international student in a city). Price? 12 euro (cost price residence document). For this residence application no payment of an additional contribution covering administrative costs (retribution) is required. At the Migration Counter in the Administrative Centre Zuid and in the service centres, it is possible to pay cash or with Bancontact. The Muide-Meulestede sub-office only accepts cash payments. 6

7 a.2 Specific notification procedure in case of main residential address in a neighbouring country (France, Luxemburg, Germany or the Netherlands) annex 33 For whom? Students with a main residence address in an adjacent neighbouring country 8 who maintain their primary residence ( domicile ) in that country (and return there at least once a week) and therefore do not want to register in a Belgian municipality. If these students do want to register in a Belgian municipality, they should follow the procedure explained in section b.1.1) How to apply? This residence procedure does not ensue in a registration in a Belgian municipality. The students therefore will not receive a main residence (= domicile ) in Ghent. This may constitute a difficulty in view of initiating other administrative procedures (see: Registration as international student in a city). Within 8 working days after their arrival in Belgium, the students report via (internationalstudent@gent.be). This mail should contain following information: subject: annex 33 first name and last name of the student nationality of the student date of arrival in Belgium correct and fully completed residence address in Ghent length of the studies in Ghent scan the required documents o valid ID card or passport o residence permit issued by the neighbouring country involved o enrolment certificate 9 issued by an educational institution in Belgium These students can not send a notification by means of the online Arrival Form. The students will receive a confirmation mail of receipt of the application. Later on, the students receive an with an appointment in order to present all the necessary documents to the Migration Counter in the Administrative Centre Zuid or in a service centre. If all the necessary documents are ok, a residence document (annex 33) is issued. The residential address of the student determines whether the application is processed by the Migration Counter in the Administrative Centre Zuid or by a service centre. Service centre The students who reside outside the city centre (e.g. Nieuw-Gent district) report without an appointment at the competent service centre within 8 working days after their arrival in Belgium. You can find the contact information of the service centres (dienstencentrum) at this webpage: What items to bring along? valid passport residence permit issued by the neighbouring country involved enrolment certificate 10 issued by an educational institution in Belgium correct and complete residential address in Ghent 8 This residence procedure does not apply to students with a main residential address in Great Britain. 9 An admission certificate or an invitation letter delivered by the educational institution isn t sufficient. The enrolment certificate needs to obtain following data: number of credits, name of the educational institution and start and end date of the study. 10 An admission certificate or an invitation letter delivered by the educational institution isn t sufficient. The enrolment certificate needs to obtain following data: number of credits, name of the educational institution and start and end date of the study. 7

8 3 recent and identical passport photos with the following criteria: Photo can t be older than 6 months Neutral facial expression, with closed mouth (no frown eyebrows, no visible teeth, no smile) Eyes open and clearly visible (no tainted glasses or spectacles/hair in front of the eyes) Head entirely visible, without accessories, unless for religious or medical reasons, but the nose, eyes, chin and head contours must be clearly visible Evenly lit and even background, without shadows Face should cover % of the photo surface No underexposure or overexposure No reflection on the spectacles glasses, no light effects In the Administrative Centre Zuid, at the population office, there is a photo booth. It costs 5 euro for 6 passport photos. What will the students obtain? A residence document for a student from an adjoining country (annex 33) valid for the duration of the school or academic year (until October 31 st 11 ). The students will immediately receive this document at the counter. Annex 33 must be renewed every academic year. To this effect, the same documents need to be presented as during the first application. Annex 33 of the previous academic year must also be submitted. Price? 12 euro (cost price residence document). For this residence application no payment of an additional contribution covering administrative costs (retribution) is required. 11 An annex 33 valid for the duration of the school or academic year cannot be issued, if the residence permit issued by the neighbouring country has a shorter validity period than the expected period of studies in Belgium. In that case the annex 33 will only be valid for the same period as that residence permit issued by the neighbouring country. 8

9 At the Migration Counter in the Administrative Centre Zuid and in the service centres, it is possible to pay cash or with Bancontact. The Muide-Meulestede sub-office only accepts cash payments. 9

10 b. Long stay (more than 90 days) b.1 General registration procedure b.1.1 Registration Student visa type D For whom? Third-country nationals who are coming to study for a long period (more than 90 days). These students should register themselves in the municipality. Students who have a student visa type D, but aren t staying longer than 90 days in Belgium, can choose the notification procedure for short stay. They receive a Declaration of arrival (Annex 3) 12 See 2.a.1 How to apply? Students who only possess a short right of residence at their arrival in Belgium (visa type C or exemption of visa), can t start this procedure. They can apply for a long-term resident status with so-called change of statute. (See b.1.2) In principle, students should introduce an application for a student visa type D prior to their arrival in Belgium via the competent Belgian consulate abroad. Additional information can be found at the following websites: > staying (more than 3 months) > to study There are various kinds of visa type D: student visa have a code between B1 and B9. A visa type D with the codes B12, B13, B14, B15, B19 and B29 are no student visa, but a visa for labour migrants (e.g. Ph D researcher or another staff member of a Belgian educational institution). These applications are not processed by the International Students Counter. In that case, the employer can register the person involved at the Expats Counter (burgerzaken.expats@stad.gent). Example of a student visa type D 12 These students will need to sign a declaration that they don t want to use the student visa type D. 10

11 visa type D = mention D in the orange field period of validity of the visa = date mentioned in the yellow field number visa = number mentioned in the red field place of delivery of the visa = name of the city mentioned in the purple field date of issue of the visa = date mentioned in the green field number of passport = number mentioned in the blue field code student visa = letter + digit mentioned in the black field A student visa type D is also required for students who dispose of a visa exemption for a short stay (up to 90 days). e.g. Students with the American or Canadian nationality The student can travel to Belgium once the student visa type D is issued by the competent Belgian consulate abroad. Students in possession of a passport and student visa type D should report themselves online within 8 working days at the International Students Counter. Because of the lengthy registration procedure and since an electronic registration document (A-card) cannot be issued immediately, the students are advised to introduce their application as soon as possible. Online declaration of arrival The online Arrival Form can also be downloaded at: The online notification of arrival is only possible for students who just arrived in Belgium and wish to obtain a registration for the first time. Students who are already registered but have moved or who want a renewal of their card (see item b.1.4), should present themselves at the Migration Counter (Administrative Centre Zuid) or in the competent service centre in order to report a change of address or renewal of their card. The residential address of the student determines whether the application is processed by the Migration Counter in the Administrative Centre Zuid or by a service centre. The students completely fill in the online Arrival Form and digitally forward it to the International Student Counter (internationalstudent@stad.gent) with a scanned copy of passport, D visa, enrolment certificate, sponsorship document (annex 32).! Fill in the arrival form digitally (this increases the readability and it prevents problems with the spelling of the student s name) Mention the full official family name and first name Mention the full address (also the room number, if applicable) Only send the arrival form when the student is planning to stay at the mentioned address for at least 3 months Mention your address and (Belgian) phone number If applicable, mention the date you re leaving Belgium For the time being, they do not need to present themselves at the Migration Counter (Administrative Centre Zuid) or in the competent service centre. The students will receive a confirmation mail of receipt of the application. 11

12 Further development of the registration procedure The Migration Counter or the competent service centre initiate the following procedure: if necessary, the students will be asked any missing documents. the police checks the residential address of the students. This check includes the study, sleeping and eating facilities! In view of a smooth address check, it is of the utmost importance that: o o o o o o o The student clearly mentions his first name and his family name on the door bell and the letterbox The student clearly mentions his address (as well as his possible room number) on the online Arrival Form The student also clearly mentions a telephone number in Belgium on the online Arrival Form where the police can contact him The student clearly indicates in the registration when the police will certainly (not) be able to find him at home (an address check by appointment is however not possible) The student does not move during the procedure of the inspection of residence The student does not stay abroad for a short period of time during the inspection of residence The student checks his mailbox if the police left the card below (in this case, contact the police service)! In principle, a simplified inspection procedure of the residence (without police check) is possible for a student who has to settle in Ghent, who is registered online at the International Student Counter and who is staying in a student home managed by one of the recognized institutes of higher education in Ghent. The institution of higher education that manages this home, sends a list with residing students to the International Student Counter, but this is not considered to be a declaration of arrival. The student should also report his arrival in Belgium online at the International Student Counter through the Arrival form. A positive inspection of the residence is followed by a registration into the foreigners register. A negative inspection of the residence ensues in a refusal of the residence application. In case of a negative inspection, the student will receive an . The student will receive a temporary residence document (annex 15) by mail, valid during 45 days (possible prolongation twice, each time for a duration of 45 days). An accompanying letter will give more information about the annex

13 If necessary, a national register number will be requested at the services of the National Register. As soon as the application form is entirely processed, the International Student Counter invites the students by e- mail on appointment in order to complete the registration and to apply for an electronic residence card (A-card). For a smooth progress of the appointments, it is quite necessary that the students strictly observe the date and time of the appointment. A appointment lasts 40 minutes. If the student doesn t appear at the appointment twice, without notifying, the student loses the advantage of the accelerated registration procedure. The student has to wait longer for a new appointment. The manufacture of the electronic residence card (A-card) occurs by means of a private company, which sends the PIN/PUK codes 13 required to activate the card, by mail to the student s address. It is very important that the student takes the necessary precautions to receive these codes (in case of an address change that any correspondence is sent through by B-Post to the new residential address). Students who are staying in a student home of the Ghent University are advised to contact the person responsible of the student home. 13 The PUK code ('Personal Unblocking Key') and PIN code ('Personal Identification Number') are digit codes which the municipalities need to input in order to make the residential card usable. 13

14 Simultaneously, the company will forward the manufactured A-card to the Migration Counter or the competent service centre. The delivery period lasts approximately 3 weeks. 14 As soon as the student has received these PIN/PUK codes, he can fetch the A-card. This can only be done at the place of application of this A-card, either at the Migration Counter (Administrative Centre Zuid) or at the competent service centre. At the Migration Counter, a student can fetch the A-card at the speed counter (without prior appointment on Monday, Wednesday and Friday between 9 a.m. - 12:30 p.m. and 2 p.m. 4 p.m.., Tuesday between 9 a.m. - 12:30 p.m. and 2 p.m. 7 p.m., Saturday only with appointment(closed on Thursday)). What items to bring along? When applying for the A-card The student should come along personally with the following original documents: valid passport valid student visa type D enrolment certificate 15 issued by an educational institution in Belgium proof of sufficient means of subsistence (student grant, sponsorship document (annex 32), attestation of blocked bank account) 3 recent and identical passport photos on a neutral and light background Since February 2014, biometric A-cards are issued. This involves the following procedure: o o o Taking digital fingerprints Placing a digital signature Passport photographs which must meet the under mentioned criteria: General conditions: Dimensions: 35 mm x 45 mm Photograph taken less than 6 months ago Only one person visible on the photo Photographic qualities: The person on the picture needs to be same person for whom the residence card is requested Photo can t be older than 6 months Neutral facial expression, with closed mouth (no frown eyebrows, no visible teeth, no smile) Eyes open and clearly visible (no tainted glasses or spectacles/hair in front of the eyes) Head entirely visible, without accessories, unless for religious or medical reasons, but the nose, eyes, chin and head contours must be clearly visible Evenly lit and even background, without shadows Face should cover % of the photo surface No underexposure or overexposure No reflection on the spectacles glasses, no light effects Next to the population office in the Administrative Centre Zuid is a photo booth at your disposal. The charge is 5 euro for 6 passport photos. When fetching the A-card: The student has to come along personally with the following original documents: Notification letter in view of collecting the A-card Proof of payment of the A-card Temporary residence document (annex 15) Required PIN/PUK codes 14 By means of an emergency procedure (90 euro), the delay of issue can be reduced to 2-3 working days. In that case, the PIN/PUK codes will not be forwarded by post to the student. The company that manufactures the residential card, delivers both codes along with the residence card to the service centre or the Migration Counter in the Administrative Centre Zuid where the application was introduced. The applicant can come and fetch the residence card and the codes. 15 An admission certificate or an invitation letter delivered by the educational institution isn t sufficient. The enrolment certificate needs to obtain following data: number of credits, name of the educational institution and start and end date of the study. 14

15 Since February 2014, biometric A-cards are issued. This means that fingerprints should be taken once again to ascertain whether the person who is fetching the A-card, is the same person who introduced the application. What will the students obtain? The students will receive an electronic residence card (A-card). This document is valid for a maximum duration of 1 year (in principle until October 31 st = end of current academic year), provided that the person involved still meets the residential conditions as a student. The period of validity of the A-card can be shorter in case of a shorter study period or shorter term of the study grant. The A-card can be renewed if the student still complies with the residential conditions as a student (read the undermentioned item b.1.4). Any change of address needs to be notified at the Migration Counter or the service centre (even if the residence card is still valid). If not, the community needs to remove the student out of the foreigners register. Due to this removal, the residence is invalid and the student can lose his right of residence. In that case the student needs to apply for a re-registration, but the investigation of this application can take a while. So the student can t get a new residence card immediately. Ph D students Ph D students can obtain an A-card for the duration of the study grant, with a maximum of 2 years. To this effect, the student should present the following documents: A sufficiently long proof of scholarship A proof of registration (with the mention Ph D), only for the current academic year This arrangement only applies for: o A study grant issued by the Belgian federal government, by the Flemish or Francophone City or for programmes of the European Union o A study grant of a foreign university on condition that there is an exchange agreement between this foreign university and the Belgian university which hosts the student. The Belgian university should issue a scholarship attestation, clearly mentioning that it concerns a cooperation between a local university in Belgium and a foreign university. Consequently, this arrangement does not apply for other foreign study grants (e.g. scholarship attestations of the embassy in Brussels) or scholarships initiated by a private organization or private funds. The A-card for a maximum duration of 2 years for Ph D students can be issued upon the delivery of the first A- card, but also upon renewals of an A-card. Price? 25 euro (cost price residence document). Due to a decision of the Belgian federal government as of 2th of March 2015 this residence application requires the payment of an additional contribution covering administrative costs (retribution). (Unless an exemption is applicable) This contribution amounts to 350 euro (student who is enrolled in a private educational establishment) or 200 euro (student who is enrolled in an educational establishment organised, accredited or subsidized by the government). 15

16 This contribution must be paid before submitting the student visa application to the competent Belgian diplomatic or consular post. So, the payment of this contribution is not required at the moment of registration in a municipality after arriving in Belgium. At the Migration Counter in the Administrative Centre Zuid and in the service centres, it is possible to pay cash or with Bancontact. The Muide-Meulestede sub-office only accepts cash payments. 16

17 b.1.2 Registration Change of residence status For whom? Students who only possess a short right of residence at their arrival in Belgium (visa type C or exemption of visa), can introduce an application for a long stay by means of a so-called change of statute. This application procedure is certainly not advisable as an alternative for an application of a student visa type D because: rigid admissibility conditions are applied in view of the application: for instance, a negative inspection of the residence can ensue in a refusal of the application (read the under mentioned explanation) How to apply? there is no legal decision deadline, leading to lengthy waiting periods The Immigration Office in Brussels has ample assessment competences: a positive decision is therefore not assured It is of the utmost importance that the application in view of the change of statute is only possible when the student presents the application as well as all required documents within the validity period of his short residence stay. To this effect, the student takes contact as soon as possible with the Migration Counter in the Administrative Centre Zuid or a service centre. The residential address of the student determines whether the application is processed by the Migration Counter in the Administrative Centre Zuid or by a service centre. You can find the contact information of the service centres (dienstencentrum) at this webpage: You can contact the Migration Counter in the Administrative Centre Zuid on three different means: Telephone calls to the Migration Counter: This telephone number is accessible every week day from 9 a.m. until p.m. and from 2 p.m. until 4 p.m. By internationalstudent@stad.gent At the reception desk of the Migration Counter, bloc B Administrative Centre Zuid, Monday, Wednesday and Friday between 9 a.m. - 12:30 p.m. and 2 p.m. 4 p.m.., Tuesday between 9 a.m. - 12:30 p.m. and 2 p.m. 7 p.m., Saturday only with appointment(closed on Thursday)). These students can not send a notification by means of the online Arrival Form. What items to bring along? valid passport letter of motivation (reference to art. 58 and 9, 2 Residence Law) enrolment certificate 16 issued by an educational institution in Belgium proof of sufficient means of subsistence (student grant, sponsorship document (annex 32), attestation of blocked bank account) excerpt of the criminal records issued by the country where you had your last residence. The excerpt can t be older than 6 months at the start of the residence application. If necessary, with correct legalisation/apostille (only for students older than 21 years) medical certificate proof of payment of contribution covering administrative costs residence application (retribution)(if the contribution is transferred, bring the bank statement or transfer with stamp of the post office) See more information below. Possible missing documents should be mentioned and explained in the letter of motivation. The application for a change of statute can be introduced, but the Immigration Office in Brussels will only take a decision if the file is complete. Students who do not possess a Declaration of Arrival (annex 3) when applying for a change of statute will obtain this document at that moment. However, they must be able to present all the required documents (read item 3.a.1). What will the students obtain? Students will possibly receive a Declaration of Arrival (annex 3) upon their application, for a maximum duration of their short residence right. 16 An admission certificate or an invitation letter delivered by the educational institution isn t sufficient. The enrolment certificate needs to obtain following data: number of credits, name of the educational institution and start and end date of the study. 17

18 If all the admissibility conditions are fulfilled (also payment of contribution covering administrative costs residence application (retribution)) and in case of a positive address check, the student will receive a proof of receipt. This is not a residence document. If this contribution covering administrative costs (retribution) is not paid, the residence application is inadmissible. The student receives an annex 42. If only part of the contribution has been paid, the municipality requests to pay the remaining amount by notifying an annex 43. The student has to pay the remaining amount within 30 days following the notification of the annex 43. If the student provides proof of the payment of the remaining amount within these 30 days, the municipality will declare the application admissible. If the student does not provide proof of the payment of the remaining amount within these 30 days, the municipality will declare the application inadmissible by notifying an annex 42. In principle the Immigration Office does not refund part of the contribution that already has been paid. The student can try to ask the reimbursement by sending the application form and the proof of the payment to terugbetaling@ibz.fgov.be. You can find this application form on de website of Dienst Vreemdelingenzaken: If no decision was taken as regards the introduced application for a change of statute when the declaration of arrival has expired, there is no legal residence anymore. The mere introduction of a change of statute does not ensue in a temporary residence right pending a decision. In case of a positive decision, the student will receive an electronic residence card (A-card). This document is valid for a maximum duration of 1 year (in principle until October 31 st = end of current academic year) provided that the student continues to fulfil all the residence conditions as a student. The period of validity of the A-card can be shorter in case of a shorter study period or a shorter term of the scholarship. The A-card can be renewed if the student still complies with the residence conditions as a student (read the undermentioned item b.1.4). Ph D students Ph D students can obtain an A-card for the duration of the study grant, with a maximum of 2 years. To this effect, the student should present the following documents: A sufficiently long proof of scholarship A proof of registration (with the mention Ph D), only for the current academic year This arrangement only applies for: o A study grant issued by the Belgian federal government, by the Flemish or Francophone City or for programmes of the European Union o A study grant of a foreign university on condition that there is an exchange agreement between this foreign university and the Belgian university which hosts the student. The Belgian university should issue a scholarship attestation, clearly mentioning that it concerns a cooperation between a local university in Belgium and a foreign university. Consequently, this arrangement does not apply for other foreign study grants (e.g. scholarship attestations of the embassy in Brussels) or scholarships initiated by a private organization or private funds. The A-card for a maximum duration of 2 years for Ph D students can be issued upon the delivery of the first A- card, but also upon renewals of an A-card. 18

19 Price? 25 euro (cost price residence document). At the Migration Counter in the Administrative Centre Zuid and in the service centres, it is possible to pay cash or with Bancontact. Due to a decision of the Belgian federal government as of 2th of March 2015 this residence application requires the payment of an additional contribution covering administrative costs (retribution). This contribution amounts to 200 euro (student who is enrolled in an educational establishment organised, accredited or subsidized by the government) 350 euro (student who is enrolled in a private educational establishment) 60 euro (student who applies for the long-term resident status) exemption of contribution Persons younger than 18 years are exempted from paying this contribution. For them the application is free of charge. From the 26 th of June 2016, some students (enrolled in a private educational establishment or an educational establishment organised, accredited or subsidized by the government) are exempted of paying the retribution when they do the visa- or residence application at the Belgian embassy. Under the condition that student is granted a scholarship by: o a Belgian government (federal government, communities, regions, provinces or municipalities) o an educational establishment organised, accredited or subsidized by the government o an international institution, Belgium as a member (European Union, Council of Europe,...) o an established foundation of public interest. E.g.: Federaal Fonds voor Wetenschappelijk Onderzoek (FFWO) Prins Leopold Instituut voor Tropische Geneeskunde Institut Supérieur d Histoire de l Art et d Archéologie de Bruxelles (ISHAAB) Francqui-Stichting Europacollege Studiecentrum voor Kernenergie Koning Boudewijnstichting Vlaamse Interuniversitaire Raad (VLIR) Vlerick Business School Instituut voor de Studie van het Jodendom Stichting ATD Vierde Wereld Erasmusfonds Muziekkapel Koningin Elisabeth Brussels Business Institute of Higher Education Universiteit Antwerpen Management School Fondation ULB IMEC International In order to get this exemption, the student needs to submit the standard form (filled in by the institution who gave the scholarship) with the residence application. An certificate issued by the directie-generaal Ontwikkelingssamenwerking en Humanitaire Hulp (FOD Buitenlandse zaken, Buitenlandse Handel en ontwikkelingssamenwerking) can also be accepted. The Immigration Office does in principle not refund part of the contribution, if the student has paid too much. The student can try to ask the reimbursement by sending the application form and the proof of the payment to terugbetaling@ibz.fgov.be. You can find this application form on de website of Dienst Vreemdelingenzaken: This contribution must be fully paid before submitting this residence application to the municipality. The payment must be done in the following way: The exact amount of the contribution (in euro) needs to be transferred to under mentioned bank account: IBAN BE BIC PCHQBEBB Bank : BPOST NV, Muntcentrum (zonder nr.), 1000 Brussel Beneficiary: FOD Binnenlandse Zaken, Dienst Vreemdelingenzaken, Antwerpsesteenweg 59B, 1000 Brussel 19

20 The payment cannot be done at the Migration Counter in the Administrative Centre Zuid or at a service centre. When transferring the money the under mentioned reference must be used: Name, given name (as mentioned in the passport), nationality and date of birth of the applicant: Name Given name Nationality DDMMYYYY e.g. FISCH Elena Marokko Mention name, given name and date of birth of the applicant as a priority, if the number of characters is limited or if certain characters cannot be used. Anyone (also a third person) can pay the contribution. 20

21 b.1.3 Registration Application of residence in case of extraordinary circumstances For whom? Students who do not dispose (anymore) of a residence right, can apply for a long stay by means of an application based on extraordinary circumstances (article 9bis Residence Law). This application procedure is certainly not advisable as an alternative for an application of a student visa type D because: rigid admissibility conditions are applied in view of the application: for instance, a negative inspection of the residence can ensue in a refusal of the application (read the undermentioned explanation) How to apply? there is no legal decision deadline, leading to lengthy waiting periods. The Immigration Office in Brussels has ample assessment competences: a positive decision is therefore not assured The application can only occur by means of a motivated written application (forwarded by registrated letter to the attention of the Mayor of the City of Ghent: burgemeester van de Stad Gent, Stadhuis Gent (tav loket Migratie), Botermarkt 1, 9000 Gent). Or to be handed to the Migration Counter in the Administrative Centre Zuid without prior appointment. This application can not be done online via the Arrival Form. What items to bring along? Letter of motivation (reference to art. 9bis Residence Law) 17 Proof of payment of contribution covering administrative costs residence application (retribution) Copies of all relevant documents for the motivation of the application(especially an (expired) ID document) It is of the utmost importance that this application is only possible if the student can prove that the application of a student visa type D is extremely difficult to be introduced at the competent Belgian consulate abroad (the so-called extraordinary circumstances). What will the students obtain? Following a positive inspection of the residence and the payment of the contribution covering administrative costs residence application (retribution), the student will receive an attestation of receipt. This is not a residence document. If this contribution covering administrative costs (retribution) is not paid, the residence application is inadmissible. The student receives an annex 42. If only part of the contribution has been paid, the municipality requests to pay the remaining amount by notifying an annex 43. The student has to pay the remaining amount within 30 days following the notification of the annex 43. If the student provides proof of the payment of the remaining amount within these 30 days, the municipality will declare the application admissible. If the student does not provide proof of the payment of the remaining amount within these 30 days, the municipality will declare the application inadmissible by notifying an annex 42. The Immigration Office does in principle not refund part of the contribution that already has been paid. The student can try to ask the reimbursement by sending the application form and the proof of the payment to terugbetaling@ibz.fgov.be. You can find this application form on de website of Dienst Vreemdelingenzaken: As long as no decision has been taken, there is in principle no legal residence. The mere introduction of the application does not ensue in a temporary residence right pending the decision. In case of a positive decision, the student will receive an electronic residence card (A-card). 17 Infopunt migratie can give more information about this letter of motivation.( Administrative Centre Zuid, A building, W. Wilsonplein 1, 9000 Ghent) 21

22 This document is valid for a maximum duration of 1 year (in principle until October 31 st = end of current academic year) under the condition that the person involved still meets the residential conditions as a student. The period of validity of the A-card can be shorter in case of a shorter study period or shorter term of the study grant. The A-card can be renewed if the student still complies with the residence conditions as a student (read the undermentioned item b.1.4). Ph D students Ph D students can obtain an A-card for the duration of the study grant, with a maximum of 2 years. To this effect, the student should present the following documents: A sufficiently long proof of scholarship A proof of registration (with the mention Ph D), only for the current academic year This arrangement only applies for: o A study grant issued by the Belgian federal government, by the Flemish or Francophone City or for programmes of the European Union o A study grant of a foreign university on condition that there is an exchange agreement between this foreign university and the Belgian university which hosts the student. The Belgian university should issue a scholarship attestation, clearly mentioning that it concerns a cooperation between a local university in Belgium and a foreign university. Consequently, this arrangement does not apply for other foreign study grants (e.g. scholarship attestations of the embassy in Brussels) or scholarships initiated by a private organization or private funds. The A-card for a maximum duration of 2 years for Ph D students can be issued upon the delivery of the first A- card, but also upon renewals of an A-card. Price? 25 euro (cost price residence document). At the Migration Counter in the Administrative Centre Zuid and in the service centres, it is possible to pay cash or with Bancontact. The Muide-Meulestede sub-office only accepts cash payments. Due to a decision of the Belgian federal government as of 2th of March 2015 this residence application requires the payment of an additional contribution covering administrative costs (retribution). This contribution amounts to 350 euro for every student. exemption of retribution Persons younger than 18 years are exempted from paying this contribution. For them the application is free of charge. From the 26 th of June 2016, some students (enrolled in a private educational establishment or an educational establishment organised, accredited or subsidized by the government) are exempted of paying the retribution when they do the visa- or residence application at the Belgian embassy. Under the condition that student is granted a scholarship by: o a Belgian government (federal government, communities, regions, provinces or municipalities) o an educational establishment organised, accredited or subsidized by the government o an international institution, Belgium as a member (European Union, Council of Europe,...) o an established foundation of public interest. E.g.: Federaal Fonds voor Wetenschappelijk Onderzoek (FFWO) Prins Leopold Instituut voor Tropische Geneeskunde Institut Supérieur d Histoire de l Art et d Archéologie de Bruxelles (ISHAAB) Francqui-Stichting Europacollege 22

23 Studiecentrum voor Kernenergie Koning Boudewijnstichting Vlaamse Interuniversitaire Raad (VLIR) Vlerick Business School Instituut voor de Studie van het Jodendom Stichting ATD Vierde Wereld Erasmusfonds Muziekkapel Koningin Elisabeth Brussels Business Institute of Higher Education Universiteit Antwerpen Management School Fondation ULB IMEC International In order to get this exemption, the student needs to submit the standard form (filled in by the institution who gave the scholarship) with the residence application. An certificate issued by the directie-generaal Ontwikkelingssamenwerking en Humanitaire Hulp (FOD Buitenlandse zaken, Buitenlandse Handel en ontwikkelingssamenwerking) can also be accepted. This contribution must be fully paid before submitting this residence application to the municipality. The payment must be done in the following way: The exact amount of the contribution (in euro) needs to be transferred to under mentioned bank account: IBAN BE BIC PCHQBEBB Bank : BPOST NV, Muntcentrum (zonder nr.), 1000 Brussel Beneficiary: FOD Binnenlandse Zaken, Dienst Vreemdelingenzaken, Antwerpsesteenweg 59B, 1000 Brussel The payment cannot be done at the Migration Counter in the Administrative Centre Zuid or at a service centre. When transferring the money the under mentioned reference must be used: Name, given name (as mentioned in the passport), nationality and date of birth of the applicant: Name Given name Nationality DDMMYYYY e.g. FISCH Elena Marokko Mention name, given name and date of birth of the applicant as a priority, if the number of characters is limited or if certain characters cannot be used. Anyone (also a third person) can pay the contribution. 23

24 b.1.4 Renewal residence card (A-card) For whom? The student always receives a temporary residence right and therefore also obtains an electronic residence card (A-card). The A-card can be renewed, if the student continues to fulfil the residence conditions as a student. The renewal remains possible for the duration of the studies. How to apply? The residential address of the student determines whether the application is processed by the Migration Counter in the Administrative Centre Zuid or by a service centre. The student makes an appointment at the Migration Counter in the Administrative Centre Zuid in view of a renewal of their card. The student can contact the Migration Counter in the Administrative Centre Zuid on three different means: Telephone calls to the Migration Counter: This telephone number is accessible every week day from 9 a.m. until p.m. and from 2 p.m. until 4 p.m. By internationalstudent@stad.gent At the reception desk of the Migration Counter, bloc B Administrative Centre Zuid, Monday, Wednesday and Friday between 9 a.m. - 12:30 p.m. and 2 p.m. 4 p.m.., Tuesday between 9 a.m. - 12:30 p.m. and 2 p.m. 7 p.m., Saturday only with appointment (closed on Thursday)). In principle, the service centres do not make prior appointments. You can find the contact information of the service centres (dienstencentrum) at this webpage: The renewal of the electronic foreigners card (A-card) can not be done by means of the online Arrival Form. The residential conditions as a student are re-examined at each renewal. Because of the lengthy duration of this investigation (sometimes the approval of the Immigration Office in Brussels is necessary) and since the electronic residence card (A-card) can therefore cannot be issued immediately, students are advised to introduce their renewal in due time. Eight weeks prior to the expiry date of the current A-card, students should contact the Migration Counter in order to make an appointment. Thus, it will be possible to issue the new A-card before the expiry date of the existing card. Students should personally take the initiative in view of a timely renewal of the residence document. The student does not receive an invitation letter. In any case, at the latest 30 days prior to the validity date of the current A-card. What items to bring along? The renewal of the electronic residence card (A-card) is only possible if the student presents the following documents: valid passport current A-card or certificate of loss, destruction or theft of the A-card(annex 12 at the police office) enrolment certificate 18 for the new academic year issued by an educational institution in Belgium attestation of the examination results of the previous academic year (or motivation of non-participation in an examination 19 ) proof of sufficient means of existence for the new academic year (study grant, sponsorship document (annex 32), proof of a blocked bank account) 1 recent and identical passport photo on an even and light background (1 additional photo if the issue of a temporary residence document (annex 15) is required) 18 An admission certificate or an invitation letter delivered by the educational institution isn t sufficient. The enrolment certificate needs to obtain following data: number of credits, name of the educational institution and start and end date of the study. 19 This document is not required in case of a Ph D student. 24

25 Since February 2014, biometric A-cards are issued. This involves the following procedure: o Taking digital fingerprints o Placing a digital signature o Passport photographs which must meet the under mentioned criteria: General conditions: Dimensions: 35 mm x 45 mm Photograph taken less than 6 months ago Only one person visible on the photo Photographic qualities: The person on the picture needs to be same person for whom the residence card is requested Photo can t be older than 6 months Neutral facial expression, with closed mouth (no frown eyebrows, no visible teeth, no smile) Eyes open and clearly visible (no tainted glasses or spectacles/hair in front of the eyes) Head entirely visible, without accessories, unless for religious or medical reasons, but the nose, eyes, chin and head contours must be clearly visible Evenly lit and even background, without shadows Face should cover % of the photo surface No underexposure or overexposure No reflection on the spectacles glasses, no light effects Next to the population office in the Administrative Centre Zuid is a photo booth at your disposal. The charge is 5 euro for 6 passport photos. In certain cases, the Foreigners Office can retrieve additional documents What will the students obtain? In case of a positive decision, the student will receive an electronic residence card (A-card). This document is valid for a maximum duration of 1 year (in principle until October 31 st = end of current academic year), provided that the person involved continues to comply with the residential conditions as a student. Ph D students Ph D students can obtain an A-card for the duration of the study grant, with a maximum of 2 years. To this effect, the student should present the following documents: A sufficiently long proof of scholarship A proof of registration (with the mention Ph D), only for the current academic year This arrangement only applies for: o A study grant issued by the Belgian federal government, by the Flemish or Francophone City or for programmes of the European Union o A study grant of a foreign university on condition that there is an exchange agreement between this foreign university and the Belgian university which hosts the student. The Belgian university should issue a scholarship attestation, clearly mentioning that it concerns a cooperation between a local university in Belgium and a foreign university. 25