21 AVRIL 2007. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for the admission of third-country nationals for scientific research.
CHAPTER II. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 3. It is inserted in title II of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, a chapter VI, entitled as follows:
CHAPTER VI. - Researchers."
Art. 4. Under Part II, Chapter VI, of the Act, an article 61/10 is inserted, as follows:
"Art. 61/10. § 1^er. For the purposes of this chapter, it is necessary to hear by:
1° Researcher: any non-European Union foreign national who holds a higher education degree giving access to the doctoral programs in the country of graduation, which is selected by an accredited research organization in Belgium, to conduct a research project for which the above qualifications are required, with the exception of:
- researcher detached from a research agency established in another EU Member State with a research agency established in Belgium;
- researcher who has just completed research as a student to obtain a doctorate.
2° Research organization: any public or private organization conducting research.
3° Research: creation work undertaken in a systematic manner to increase the sum of knowledge, including knowledge of man, culture and society, and the use of this amount of knowledge to design new applications.
4° Home Convention: any agreement between an approved research organization in Belgium and a researcher by which the researcher undertakes to carry out a research project and the research agency to welcome the researcher.
§ 2. The King shall determine, by order deliberately in the Council of Ministers:
1° the conditions of accreditation of research organizations and the duration of such approval;
2° the procedure for granting, renewal, withdrawal and non-renewal of such approval;
3° the host agreement model signed between the researcher and the research organization;
4° the conditions under which such a host agreement may be signed;
5° the conditions under which such a host agreement ends. »
Art. 5. Under Part II, Chapter VI, of the Act, an article 61/11 is inserted, as follows:
"Art. 61/11. § 1^er. Where the application for permission to stay in the Kingdom for more than three months is filed with a Belgian diplomatic or consular post by a foreigner who wishes to conduct, as a researcher, a research project under a host agreement signed with an accredited research agency, such authorization must be granted if the interested party is not in one of the cases provided for in Article 3, paragraph 1^er5° to 8° of this Act and if it produces the following documents:
1° a valid travel document;
2° a host agreement signed with an approved research organization in Belgium;
3° a medical certificate from which it results that it is not reached by one of the diseases listed in the schedule to this Act;
4° a certificate recognizing the absence of convictions for crimes or offences of common law, if the person concerned is over 18 years of age.
In case of failure to produce the certificate under 3° and 4° of paragraph 1^er, however, the Minister or his delegate may, in the circumstances, authorize the foreigner to stay in Belgium as a researcher.
In addition, the Minister or his or her delegate may decide to verify whether the terms on which the host agreement was concluded are met.
§ 2. The authorization to stay for more than three months in Belgium may be requested by the foreigner to the town of the locality where he stays, in accordance with articles 9 and 9bis. »
Art. 6. Under Part II, Chapter VI, of the Act, an article 61/12 is inserted, as follows:
"Art. 61/12. The residence permit issued to a researcher pursuant to section 61/11 is limited to the duration of the research project as set out in the reception agreement between the researcher and the approved research organization.
The provisions of Article 13, § 1^er, paragraph 5, are applicable to the residence permit referred to in paragraph 1^er.
Registration in the register of foreign nationals referred to in paragraph 1^er and the issuance of the residence permit in accordance with the provisions of Article 12.
The extension or renewal of this residence permit shall take place in accordance with Article 13, § 2.
The Minister or his delegate may order to leave the territory of the researcher authorized to stay in the Kingdom in the cases listed in Article 13, § 3.
An approved research organization that has entered into a welcoming agreement with a researcher who has obtained a residence permit pursuant to section 61/11 must immediately notify the Minister or his or her delegate of any event preventing the performance of the host agreement. »
Art. 7. Under Part II, Chapter VI, of the Act, an article 61/13 is inserted, as follows:
"Art. 61/13. § 1^er The provisions of articles 10bis, § 2 and 10ter, shall apply to members of the family referred to in Article 10 § 1^er, 4°, 5° and 6°, of a researcher authorized to stay under section 61/11.
§ 2. The provisions of Article 13, § 1^er, paragraph 6, shall apply to family members referred to in Article 10, § 1^er, 4°, 5° and 6°, of a researcher authorized to stay under section 61/11.
§ 3. The Minister or his delegate may order to leave the territory to members of the family referred to in Article 10 bis, § 2, of a researcher authorized to stay under Article 61/11, in the cases listed in Article 13, § 4. »
CHAPTER III. - Entry into force
Art. 8. The King shall determine the effective date of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 April 2007.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) 2006-2007 session.
House of Representatives:
Documents. - Bill, 51-2976/001. - Report, 51-2976/002. - Text adopted in plenary and transmitted to the Senate, 51-2976/003.
Full report: 29 March 2007.
Senate:
Documents. - Project referred to by the Senate, 3-2370, No. 1. - Decision not to amend, 3-2370, No. 2.