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Q: Laws in Belgium - effect of moving abroad for 2-5 years ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Laws in Belgium - effect of moving abroad for 2-5 years
Category: Business and Money
Asked by: asmartie-ga
List Price: $50.00
Posted: 30 Oct 2002 11:51 PST
Expires: 29 Nov 2002 11:51 PST
Question ID: 93390
I am a Belgian national and want to move abroad within Europe for a
few years.  Having renovated a house, I received a special tax rate,
but to comply with the agreement I have to be registered as living a
that address for 3 years.  What is the minimum amount of time per year
I have to live there?  If I return to Belgium at weekends and holidays
does that qualify?

Secondly, I plan to work abroad but hope to keep my position in my
current job (private, multinational company).  (Of course I won't get
paid for it while away) Is there a system whereby I can apply for a
'sabbatical' or career break and be allowed to earn money in another
country during the break?

Will I lose all my unemployment benifit rights, health insurance
rights and other social security benifits once I live abroad?

I know you don't give professional legal advice, but I'm just trying
to find out where to start gathering this information so any links and
information to some or all of the question is appreciated.
Answer  
Subject: Re: Laws in Belgium - effect of moving abroad for 2-5 years
Answered By: belindalevez-ga on 31 Oct 2002 10:15 PST
Rated:5 out of 5 stars
 
<If you move abroad you will usually no longer be considered a
resident in Belgium. However it may be possible to keep your house as
your main residence as long as your family is living in it.

Before leaving Belgium you need to notify your local stadhuis/hotel
d’ville that you are moving abroad. They will issue you with a form
‘Model 8’. They will check that all your local taxes are up to date
and if necessary give you a bill. You will be required to pay any
outstanding taxes before receiving form ‘Model 8’. In addition you
need to notify your syndicate.  In order to retain your rights to
Belgian social security you can go abroad for up to 3 years.

In the new country you need to register yourself with the Belgian
embassy and hand in your identity card. If you don’t already have one,
you will be issued with a Belgian passport. You will have to pay for
your new passport.  If there any changes to your personal
circumstances like marriage, divorce, birth of a child, death of a
family member, name change or change of your address, you need to
notify the Belgian embassy.

As a European citizen you have the right to live and work in any of
the member states. You will have the same rights as nationals of that
country.

If you stay in one place for longer than three months you will need to
get a residence permit.

When you return to Belgium to live you need to go to the
stadhuis/hotel d’ville and apply for your identity card.

You can apply for a career break. You must have at least six months
service and the arrangement must be agreed by your employer. The
person who takes over your job must be unemployed. You will need to
apply for this scheme at least three months in advance. The break can
last for between six months and one year. During this time you will be
paid compensation from the government. The link below gives more
details about this scheme.>


<Additional links.>

<Social security in Belgium.>
<http://www.socialsecurity.fgov.be/allaboutsocialsecurity/allyouwa2001_uk.pdf>

<Non-resident status.>
<http://www.bbl.be/scripts/faqxml/loadfaq.asp?lang=en&file=faq_xpats3.xml>

<Belgian Federal Government.>
<http://belgium.fgov.be/>

<Right to work in Europe.>
<http://www.youthinformation.com/infopage.asp?snID=691>

<Career break.>
<http://www.eurofound.eu.int/emire/BELGIUM/CAREERBREAK-BE.html>

<Search strategy:>

<belgium government>
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=belgium+government

<european union "right to work">
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=european+union&as_q=%22right+to+work%22>


<Hope this helps.>

Request for Answer Clarification by asmartie-ga on 31 Oct 2002 11:02 PST
Thanks for your reply and the clear manner in which you gave the
information - it was appreciated.

I really wanted to find out exactly how much time per year constitutes
living in Belgium.  If you are in Belgium for a certain number of days
per year, that qualifies as being resident there - I just don't know
how many.

Secondly, thanks to your answer, I realise it's possible to get a
career break, but I still don't know if I can earn money in another
country during the break.

Clarification of Answer by belindalevez-ga on 01 Nov 2002 00:35 PST
<If you work in another EU member country but want to maintain your
residence in Belgium you can do this as a cross border worker. You
will need to return to your home in Belgium at least once a week. If
you can prove that you have stayed in the state where you work for
more than 183 days per year then you will be taxed in the state where
you work. Depeninding on the tax situation in the country where you
work this can be advantageous due to the high tax rates in Belgium.
More information about cross border working can be found from the
Ministery of Finance. The link below to ‘Frontier Workers’ gives
contact information.

It is possible to earn money whilst you have a career break however if
this is as an employee then you would have to have been employed at
least three months before the start of the career break. This
condition appears in the Koninklijk Besluit of 7th May 1999.>


<Additional links:>

<Koninklijk besluit van 7 mei betreffende de onderbreking van de
beroepsbaanloon.>
http://meta.fgov.be/pdf/pk/nlkKB07-05-99.pdf>

<Working abroad>
<http://www.jobpilot.nl/content/journal/international/europa/be/werken_be_05_03_01.html>

<Grensarbeiderskaart>
<http://www.jobpilot.nl/content/journal/international/europa/be/werken_be_08_01_01.html>

<International career – working and living in Belgium.>
<http://www.jobpilot.nl/content/journal/international/europa/be/werken_be_index.html>

<Cross border workers.>
<http://www.expatica.com/hr.asp?pad=233,240,&item_id=8653>

<Tax advantages of cross border working.>
http://www.expatica.com/hr.asp?pad=233,240,&item_id=9945

<Frontier workers>
<http://europa.eu.int/scadplus/citizens/en/be/010556.htm>


<Search strategy:>
<onderbreking van de beroepsloopbaan>
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=onderbreking+van+de+beroepsloopbaan>

<border workers Belgium>
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=border+workers+belgium>


<Hope this helps.>
asmartie-ga rated this answer:5 out of 5 stars
An excellent reply - the information was clear, to the point and gave
good links and contact details.  I didn't get all the information I
sought in the first answer, but follow-on information was excellent. 
Very satisfied and impressed.  Thanks!

Comments  
Subject: Re: Laws in Belgium - effect of moving abroad for 2-5 years
From: katebessette-ga on 31 Oct 2002 06:19 PST
 
This is by no means a full answer, but I can at least enlighten you on
part of the issue from personal experience.  I too am a Belgian
national and I moved to the UK in 1999.  I had been made redundant
from my job and was able (under EU legislation) to receive full
Belgian unemployment benefits for up to three months after the move. 
Upon arrival in the UK, I immediately became entitled to full British
health insurance and social security, and could even have claimed
British unemployment benefits after the three month period.  I am
currently studying and working in the UK and have precisely the same
rights as any UK national.

If at any point I choose to return to Belgium, as soon as I
re-register as a resident I am again entitled to Belgian health
insurance and social security - any accumulative benefits are retained
indefinitely (ie. even if I never returned I would still receive some
Belgian retirement benefits at the end of my career).

I found moving between EU states completely hassle-free, with
remarkably little paperwork.  I received a lot of information from the
British embassy - they had extensive brochures on the subject.  On the
Belgian side I did need to contact each individial government agency
to get their piece of the puzzle - but then I would expect no less
from our treasured bureaucracy...

Hope this helps at least a little.
Subject: Re: Laws in Belgium - effect of moving abroad for 2-5 years
From: asmartie-ga on 31 Oct 2002 06:34 PST
 
Thanks a million - I really appreciate you taking the time to give your experience.
It is certainly a great help, and I didn't expect such a quick reply.

It's a relief to hear that your experience was so positive.
Thanks again!

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