Summary
The professional card for foreign nationals is the authorisation that allows foreigners to carry out self-employed activities in Belgium.
Foreign nationals who wish to settle in Belgium as self-employed persons must obtain prior authorisation.
Key points
- Any person of foreign origin who wishes to work as a self-employed person in Wallonia must first obtain a professional card.
- Depending on the case, the point of contact for submitting an application may be a business office or the Belgian diplomatic or consular post in the country in which the applicant is authorised to reside.
In detail
Persons who meet the following criteria must be in possession of a professional card:
persons wanting to carry out a professional activity as a self-employed worker in the Walloon Region either as:
a private individual:
a representative of a company or association (paid or unpaid representative)
a managing partner of a company or association (paid or unpaid partner)
the person is not a Belgian national;
the person is not a national of one of the Member States of the European Economic Area (European Union, Norway, Iceland and Liechtenstein) or of Switzerland
There are, however, a few exemptions.
Three conditions must be met:
- The right of residency. If the person does not benefit from this, they must request this right from the diplomatic or consular post at the same time as they apply for their professional card. Decisions on this issue are made by the Immigration Office, which is consulted if the person in question is not authorised to stay in Belgium.
- Compliance with regulatory obligations
- relating to access to the profession (basic management knowledge and professional skills)
- relating to specific authorisations (approvals, licences, etc.) required to carry out this activity. The Directorate of Employment and Work Permits checks whether the person and/or their company have the necessary means to access the planned profession and whether the person in question meets the other obligations that apply to their status. Please contact a business counter for any questions relating to access to a profession.
- in terms of various obligations set out in the Companies and Associations Code, such as payment obligations to the FPS Finance, social insurance funds or the NSSO; publication obligations to the NBB, the ECB, etc.; obligations to declare activities for VAT purposes, etc.
- The importance of the project for the Walloon Region. This importance can be analysed from different aspects:
- in terms of economic usefulness, i.e. it meets a need relating to the economy, job-creation, useful investments, economic impact on businesses located in Wallonia, openness to exports, innovative activity or specialisation
-
- in terms of social, cultural, artistic or sporting importance.
Professional cards are allocated for a maximum period of five years.
A first card is usually issued on a probationary basis for two years.
It may be renewed at the end of this period provided that self-employed foreign workers satisfy the regulatory, tax and social obligations as well as the criterion of usefulness that justified the granting of the authorisation.
Employed workers must submit their renewal application at least three months before the expiry date of their card, via the chosen business counter.
The validity of the card is linked to the right of residence. If this right is withdrawn, the card can no longer be used and must be returned to the business counter.
The admissibility of the application:
1. The application must be submitted using one of the two application forms, which is duly completed, dated and signed.
- If the applicant lives abroad, the completed and signed form must be submitted to the diplomatic or consular post in their country of residence;
- If the applicant has a valid "registration certificate model A" or a "certification of registration in the aliens' register", the completed and signed form should be submitted to the business counter of their choice.
2. The application must be accompanied by an extract of the police record or equivalent document issued by the country in question.
3. A fee of €140 must be paid on the submission of each application.
- either at a Belgian diplomatic or consular post in a different country,
- or at a business counter.
4. If the application is refused, applicants may only submit a new application after a period of two years from the date on which the previous application was submitted. This principle does not apply:
- if the refusal is the result of a decision on inadmissibility;
- if the applicant can supply new information;
- if the application concerns a new activity.
The examination of the application
The application must include documents that allow a decision to be made on the usefulness of the project as well as any information required for examining the dossier. Below is a non-exhaustive list of documents that may be attached to the dossier:
- a detailed description of the project
- a CV
- a copy of diplomas
- the applicant's financial capabilities
- a market study
- a financial plan
- a financial analysis
- contacts with commercial partners
- draft contracts
- company statutes or draft statutes
- etc.
A fee of €140 must be paid on the submission of each application.
- Law of 19 February 1965 regarding the exercise of self-employed activities by a foreign national
- Royal Decree of 02/08/1985 implementing the law of 19 February 1965 regarding the exercise of self-employed activities by a foreign national
- Royal Decree of 3 February 2003 regarding professional card exemptions for certain categories of foreign nationals who engage in self-employed activities.
- Royal Decree of 30 May 2021 modifying the Royal Decree of 3 February 2003 regarding professional card exemptions for certain categories of foreign nationals who engage in self-employed activities.
In the event of refusal or withdrawal of a professional card, the applicant may lodge an appeal.
The applicant has thirty days from the date of notification of the refusal or withdrawal decision to lodge an appeal with the Minister for Employment of the Walloon Region.
This appeal must be lodged by signed registered letter with the Walloon Public Service:
Wallonia Public Service Economy Employment Research
Department of Employment and Vocational Training
Directorate of Employment and Work Permits
Place de la Wallonie, 1 - building Il - 5100 JAMBES
It must be justified and accompanied by all the information and documents necessary for the Minister to make a decision. Additional documents may be attached within a maximum period of one month after the date of submission of the appeal.
If the applicant is already residing in Belgium, they must be residing there legally in order to lodge an appeal.
If the applicant is residing abroad, they must lodge the appeal through a representative. This representative may be a natural or legal person acting on behalf of the applicant and must have the legal capacity to do so and therefore must have a mandate. In addition, the address of their registered office or place of business or main residence must be located in Belgium.
The lodging of an appeal does not suspend the effects of the decision taken.
If the Minister confirms the refusal or withdrawal, an appeal may be lodged with the Council of State within 60 days of notification of the Minister's decision.
Forms
To download
- Economic interest questionnaire (available only in French)
- Student questionnaire (available only in French)
- Import-Export questionnaire (available only in French)
- Business plan (available only in French)
- Application for a professional card for foreign nationals resident abroad (available only in French)
- Application for a professional card via the business counter (available only in French)