Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (1)

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Posted the: 2012-08-31 Numac: 2012000411 Interior FEDERAL PUBLIC SERVICE May 15, 2012. -Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act partially transposes Directive 2009/50/EC of the Council of 25 May 2009 on the conditions of entry and residence of nationals of third countries for the purposes of highly qualified employment.
CHAPTER II. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 3 article 1 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, replaced by the Act of 15 July 1996 and amended by the Act of January 19, 2012, is complemented by a 15 °, as follows: "15 ° EU blue card: the title which allows the foreigner to reside for a period of more than three months in the Kingdom in accordance with the conditions referred to in articles 61/26 to 61/31 and. to work in accordance with the regulations on the occupation of foreign workers.
» Art. 4. article 10bis of the Act be replaced by the law of July 8, 2011, is complemented by a § 4, as follows: "§ § 4 4» § 2 is also applicable to the members of the family referred to in article 10, § 1, paragraph 1, 4 ° to 6 °, from abroad that is allowed to stay in application of article 61/27.
However, when the family is already established or reconstituted in another EU Member State European joined abroad should not provide evidence that it has adequate housing for the members of his family and, in regard to the condition of the possession of means of subsistence stable, regular and sufficient, evidence that the Member of the family have such means for personal is also taken into account. In order to benefit from this special scheme, members of the family concerned must produce the residence permit issued by a Member State of the European Union as well as the evidence that they have resided in this State, as a member of the family of a holder of a blue card European. » Art. 5 article 10ter of the Act, inserted by the law of 15 September 2006 and amended by laws of April 25, 2007 and July 8, 2011, is supplemented by a § 2B, as follows: "§ 2B.» By way of derogation from § 2, the decision on the application for authorization of residence of the members of the family referred to in article 10bis, § 4, is taken and notified at the latest within four months of the date of the filing of the application as defined in the § 1.
In exceptional cases related to the complexity of the examination of the application, as well as conducting an inquiry into a marriage referred to in article 146bis of the civil Code or the conditions of the sustainable and stable relationship referred to in article 10, § 1, paragraph 1, 5 °, the Minister or his delegate may, by reasoned decision notified to the applicant extend, once, this time for a period of three months.
If at the expiry of the period of four months from the date of the filing of the application, possibly extended pursuant to paragraph 2, no decision has been taken, the residence permit shall be issued when the required documents have been produced. In the contrary case, the residence permit is denied. » Art. 6. in article 12 bis of the same Act, replaced by the law of July 8, 2011, the following changes are made: 1 ° it is inserted a § 3a, as follows: "§ 3A. '. By derogation from § 2, paragraphs 3, 5 and 6, § 3, paragraphs 3 and 4, the decision on admission to the stay of the members of the family referred to in article 10, § 1, paragraph 1, 4 ° to 6 ° abroad long resident and former life holds a European blue card, is taken and notified as soon as possible and at the latest within four months from the date of the filing of the application as defined in § 2 paragraph 2.
In exceptional cases related to the complexity of the examination of the application, as well as conducting an inquiry into a marriage referred to in article 146bis of the civil Code or the conditions of the sustainable and stable relationship referred to in article 10, § 1, paragraph 1, 5 °, the Minister or his delegate may, by reasoned, decision brought to the attention of the applicant extend, once, this time for a period of three months.
If at the expiry of the period of four months from the date of the filing of the application, possibly extended pursuant to paragraph 2, no decision has been taken, the admission to stay must be recognized when the required documents have been produced. Otherwise, admission to the stay is denied. »;
2 ° § 4, paragraph 3 is replaced by the following: ' the provisions of § 3, paragraphs 3 and 4 and § 3A shall also apply. '.
S. 7. in article 13 of the same Act, replaced by the law of July 8, 2011, the following changes are made: 1 ° in the § 1, paragraph 3, the words ' article 12bis, §§ 3 or 4 "shall be replaced by the words" article 12bis, §§ 3, 3A or 4 ';
2 ° in the § 1, paragraph 7, the words 'article 10bis, §§ 1 to 3' shall be replaced by the words 'article 10bis, §§ 1 to 4.
S. 8. in article 15bis of the Act, inserted by the Act of April 25, 2007, the following changes are made: 1 ° in the § 1, a paragraph worded as follows is inserted between paragraphs 1 and 2: "However, the condition laid down in article 14, paragraph 2, does not apply abroad who is allowed to stay in accordance with article 61/27.". In addition, for the calculation of the required five-year period, this stranger can combine travel in the different Member States of the European Union provided they justify five years of legal and continuous residence within the territory of the Union as a holder of a blue card European including two years of legal and continuous residence, immediately preceding the submission of the application , in the Kingdom. »;
2 ° in the § 1, paragraph 3, which becomes paragraph (4), the figure '2' is replaced by '3' and the words 'and article 61/27' shall be inserted between the words 'article 61/7' and the word 'will '.
3 ° in § 4, a paragraph worded as follows is inserted between paragraphs 1 and 2: "Respect abroad authorized to stay in application of article 61/27, absences from the territory of the Union interrupt not within five years, if they last not more than 12 consecutive months and do not exceed total eighteen months throughout the five year period."
S. 9. at section 17 of the Act, as amended by the Act of April 25, 2007, § 2 is supplemented by the following sentence: "When the resident long-term is granted to the holder of an EU blue card, it him licence is issued a long residence time resuming the special mention"former holder of an EU blue card."
S.
10. in article 19 of the same Act, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in the § 1, a paragraph worded as follows is inserted between paragraphs 2 and 3: ' a foreigner authorized to stay in application of article 61/27 and who have then obtained the status of long-term resident, lost his right of return in the Kingdom only if he left the territory of the Member States of the European Union for. twenty-four consecutive months. The same provision applies to the members of his family referred to in article 10, § 1, paragraph 1, 4 ° to 6 °, who have obtained the status of long-term resident. »;
2 ° in the § 1, paragraph 3, which becomes paragraph 4, the words 'or 24 months' shall be inserted between the word "month" and the word "consecutive";
3 ° in the § 2, second paragraph, "paragraph 2" shall be replaced by the words "paragraphs 2 and 3";
4 ° § 4 is supplemented by a paragraph, as follows: "the Minister or his delegate is also required to take back an alien who was allowed to stay in the Kingdom in application of article 61/27 and the members of his family referred to in article 10, § 1, paragraph 1, 4 ° to 6 °, subject to an expulsion measure taken by the competent authority of another Member State following the refusal of their application for a stay on the basis of". provisions of Directive 2009/50/EC, even when the period of validity of the residence permit is already expired. » Art.
11. in title II of the Act, it is inserted a chapter VIII, entitled: "chapter VIII. «- WORKERS highly qualified - blue card European "art. 12. in Chapter VIII inserted by article 11, it is inserted a section 61/26 as follows: «art.» 61/26. Without prejudice to international conventions, this chapter shall apply to the worker who is not a citizen of the European Union and which introduced a request for stay of more than three months in the Kingdom in order to obtain an EU blue card.
This chapter does not apply abroad: 1 ° who is allowed to stay in the Kingdom under a temporary protection or who submitted a request for the same reason and is waiting for a decision.
2 ° who enjoys international protection under Directive 2004/83/EC of the Council of 29 April 2004 on minimum standards for the conditions that must complete the nationals of third countries or

stateless persons to qualify for refugee status or who for other reasons, are in need of an international protection and the content of these articles or who submitted a request for the same reason and for which a final decision has not yet been rendered;
3 ° which enjoys protection under national law, international obligations or national legal practices or who submitted a request for the same reason and for which a final decision has not yet been rendered;
4 ° who asked to stay in the Kingdom as researcher, within the meaning of Directive 2005/71/EC, in order to carry out a research project;
5 ° which is a member of the family of a citizen of the Union exercising or exercising his right to freedom of movement within the Union, in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States;
6 ° which qualifies for the status of resident of long duration in accordance with Directive 2003/109/EC and which has made use of its right to stay in the Kingdom to exercise an economic activity as employed or self-employed;
7 ° entering the Kingdom in accordance with international agreements facilitating the entry and temporary stay of certain categories of natural persons in relation to trade and investment activities;
8 ° which has been authorized or allowed to stay in the Kingdom as a seasonal worker;
9 ° the distance is suspended for grounds of fact or law;
10 ° which falls 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 and that, as long as it is posted on the territory of the Kingdom;
11 ° which, under agreements concluded between the Union and its Member States and third countries enjoy rights of free movement equivalent to those of citizens of the Union. It is same with the members of his family.
S. 13. in the same chapter VIII, inserted a section 61/27 as follows: «art.» 61/27. § 1. When the application for leave to stay more than three months in the Kingdom is lodged with a diplomatic or consular post Belgian by abroad referred to in article 61/26, the Minister or his delegate grants permission to stay for long as the competent regional authority grants a permission to interim occupancy to the employer concerned, that abroad is not in one of the cases provided for in article 3 , paragraph 1, 5 ° to 8 °, and provided that it produces the following documents: 1 ° a passport or a travel document in lieu thereof valid;
2 ° a medical certificate stating that he is not suffering from a disease listed in the schedule to this Act;
3 ° an extract from the judicial record or an equivalent document issued by the country of origin or the country of last residence and stating that he has not been sentenced for crimes or offences under ordinary law;
4 ° the proof that he has a sickness insurance covering all risks in Belgium;
5 ° a copy of the contract of employment.
However, if it is unable to produce the documents referred to in paragraph 1, 2 ° and 3 °, the Minister or his delegate, may, in the circumstances, authorize abroad to stay in Belgium for the purpose of highly qualified employment.

§ 2. Abroad that is already admitted or allowed to stay for three months or more than three months in the Kingdom can submit his application for residence permit with the Mayor of the locality where he stayed or its delegate. The Minister or his delegate grants permission to stay for provided that the competent regional authority grants a temporary occupation permit to the employer concerned and abroad to produce the documents referred to the § 1.
The King determines the terms of submission of the application referred to in paragraph 1.

§ 3. The alien who resides for eighteen months in another Member State of the European Union as holder of an EU blue card, may introduce a request for stay of more than three months in the Kingdom in accordance with the § 1, on presentation of the EU blue card valid.
Abroad referred to in paragraph 1 may also introduce its application as soon as possible and no later than one month after its entry into the Kingdom, according to § 2, on presentation of the EU blue card.
The King determines the terms of submission of the application referred to in paragraph 2.
§ 4. At the time of the application for residence permit, the alien is obliged to elect domicile in Belgium.
Absence have elected domicile in accordance with paragraph 1, the alien is deemed to have elected domicile at the Office for foreigners.
Any change in the address for service must be communicated by registered letter or against acknowledgement of receipt to the Foreign Office.

§ 5. The Minister or his delegate refused the residence permit if the conditions related to the stay are not fulfilled, it is clear from the control of actual residence in which the mayor or his delegate must proceed abroad does not reside on the territory of the commune or in cases of fraud.
» Art. 14. in the same chapter VIII, inserted a section 61/28 read as follows: «art.» 61/28. Decision on the application for leave to stay for the securing of a European blue card is taken and notified to the person concerned as soon as possible and no later than ninety days from the date of the filing of the application with the documents referred to in article 61/27, § 1.
When the information or documents produced in support of the application for residence permit are insufficient, it is specified to the person concerned what information or what additional documents should produce within a period of thirty days. In this case, the ninety-day period referred to in paragraph 1 shall be extended by an additional period of 30 days. If information or additional documents were not produced in a timely manner, the request is rejected.
If at the expiry of the period of nineties days referred to in paragraph 1, be extended in accordance with paragraph 2, no decision has been taken, the residence permit is granted. » Art. 15. in the same chapter VIII, inserted a section 61/29 as follows: «art.» 61/29. § 1. When the foreigner is allowed to stay in the Kingdom in application of article 61/27, it is issued an EU blue card of which the validity is identical to the duration of the residence permit.
The residence permit referred to in paragraph 1 is limited to a renewable period of thirteen months. After two years, when the renewal of the EU blue card, permission is granted for a period of three years.
§ 2. The entry in the register of aliens from abroad referred to the § 1 takes place in accordance with article 12.
§ 3. The King determines: 1 ° the model of the European blue card, as well as the terms and conditions of the grant procedure.
2 ° the deadlines, the terms and conditions for the renewal of the EU blue card.
§ 4. During the first two years as the holder of an EU blue card, the following amendments shall be subject to the issuance of a new residence permit as referred to in article 61/27: a. change of employer;
b. decrease in the duration of the employment contract;
c. decrease in gross annual salary;
d. breach of the employment contract.
After two years, the holder of an EU blue card shall notify the amendments referred to in paragraph 1 to the Minister or his delegate. » Art.
16. in the same chapter VIII, inserted a section 61/30 as follows: «art.» 61/30.
§ 1. The Minister or his delegate terminates the authorization of stay as a highly skilled worker, or refuses to renew it if the holder of the EU blue card: 1 ° no longer meets the conditions referred to in article 61/27;
2 ° works, but no longer complies with the conditions of employment that apply the EU blue card holders, referred to in the rules relating to the occupation of foreign workers;
3 ° has used false or misleading, false or falsified documents information, resorted to fraud or other illegal means;
4 ° has been compensated full unemployed seeking work for more than three consecutive months or has been compensated full unemployed jobseeker more than once during the period of validity of the residence permit;
5 ° forbore to communicate to the Minister or his delegate the amendments referred to in article 61/29, § 4, paragraph 1, provided that the failure to notify is not bound to independent reason of willingness.

§ 2. The Minister or his delegate may terminate the authorization of stay as a highly skilled worker, or may refuse to renew it if the holder of the EU blue card: 1 ° lacks sufficient resources to meet its own needs and those of the members of his family, in order to not to become a burden on public authorities. The evaluation of resources, account shall be taken of the personal situation abroad and, in particular, the nature and regularity of its income and the number of family members who are dependants;
2 °

has not, in accordance with article 5 of the law of 19 July 1991 on the registers of the population, identification cards, foreign cards and residence documents and amending the Act of 8 August 1983 organising a national register of natural persons, provided the establishment and change of his principal residence in Belgium.
§ 3. The Minister or his delegate shall be entitled to communicate all documents and useful information by any institution or competent authority including the national employment Office. » Art. 17. in the same chapter VIII, inserted a section 61/31 read as follows: «art.» 61/31. § 1. Without prejudice to article 62, any notification may validly be made to address abroad and address of the employer concerned by registered letter or against acknowledgement of receipt.
If foreign domicile with his lawyer, notification may also be validly made by fax.

§ 2. Without prejudice of § 1, a copy of any decision is sent by ordinary mail both to the actual address, if known, and if it is later on the choice of the domicile elected to foreign counsel and the employer concerned. "Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 15, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, and Social Integration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives Documents.
-Bill, 53-2077/001. -Amendments 53-2077/002. -Report, 53-2077/003. -Text corrected by the Commission 53-2077/004. -Amendment 53-2077/005. -Text adopted in plenary meeting and transmitted to the Senate, 53-2077/006.
Full report: March 29, 2012.
Senate Documents.
-Project not mentioned by the Senate, 5-1558/1.

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