08/06/2024
The question that inspired this post:
Hello everyone, a quick question. My friend is an Indian living in France with a valid dependent visa and work permit, but if she wants to work for a company in another European country, will she be eligible? For example, Belgium. Does she need to apply for a valid work permit for Belgium as well?
Note: It may be for a remote or hybrid job, she will be still living in France only.
Thank you
Answer
Yes of course she will have to apply for a Belgian work permit.
A "French" visa/work permit only works in France.
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Introduction
If your friend, an Indian national living in France with a valid dependent visa and work permit, wants to work for a company in another European country, such as Belgium, there are specific regulations to navigate. Here are the key points to consider:
Working for a Belgian Company While Residing in France
Work Permit Requirement
Belgium
Your friend will need a work permit to be employed by a Belgian company, even if she is working remotely from France. This is because non-EU nationals generally require a work permit to work in another EU country, regardless of their residence status in France.
Types of Work Permits
Single Permit
For employment longer than 90 days: A single permit is required. This permit combines both the work and residence permit, although in this case, it would primarily be for work authorization since she will continue to reside in France.
Work Permit (TWV)
For employment less than 90 days: A work permit (tewerkstellingsvergunning or TWV) is required. The employer in Belgium must apply for this permit.
Application Process
The Belgian employer must apply for the work permit on behalf of your friend. This involves submitting various documents, including proof of employment, a copy of her passport, and possibly a medical certificate and criminal record.
Processing Time: The processing time for a single permit can take up to four months, while a work permit usually takes several weeks to more than a month.
Tax and Social Security Considerations
Taxation
Your friend will need to pay taxes in Belgium on the income earned from the Belgian company. However, due to double taxation treaties, she may avoid being taxed twice on the same income. She will need to file tax declarations in both France and Belgium.
Social Security
Generally, social security contributions are paid in the country where the work is performed. However, if she works at least 25% of her time in France, she may remain under the French social security system.
Remote Work Specifics
Permanent Establishment Risk
The Belgian company should be aware of the risk of creating a permanent establishment in France due to her remote work, which could have tax implications for the company.
Compliance with Local Laws
Even though she will be working remotely, she must comply with Belgian labour laws, including working hours, minimum wage, and other employment conditions.
Conclusion
Your friend will need to obtain a work permit for Belgium to work for a Belgian company, even if she continues to reside in France. The Belgian employer must handle the application process for the work permit.
Additionally, she will need to manage tax and social security obligations in both countries. Consulting with an immigration lawyer or a specialized employment advisor can provide further guidance and ensure compliance with all legal requirements.
Useful Links:
By understanding these procedures and seeking the right guidance, your friend can ensure her employment and residence arrangements remain compliant and uninterrupted.
Reach out for more questions.
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