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Annex 49 Question

Puneet07

I did change of employer and Work permit got approved. Now my company wants annex 49 for starting my work. They are saying ask annex 49 awaited annex 46 decision from immigration office. As my RP card is  still valid will my municipality issue annex 49? Does anyone have the same experience and guide me regarding the process.

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uygurdamla5

@Puneet07

Hi, they can issue annex49 or they can let you keep your residence permit till the new one arrives.

I also made my second change of employer but this time immigration office gave me an annex49 with no working rights. Does anyone know what to do in this situation?

Normally, I should be able to work as I still have my residence permit valid for a month.

maharaji1984

Annex 49 alone doesn't let's you work. It's a temporary residence permit that let's you do official procedures in Belgium. Neither it's a traveling or identity document.


Answer or both of your question you need an annex 46 from ibz.


In normal case annex 46 sent to municipality and municipality contact with you to renew your residence card.


But if you can have it in parallel (I recieved by email)  then you can combine with your valid residence card or annex 49.

Keep in mind that you can't work if this two are not combined together.


Good luck

uygurdamla5

@maharaji1984

Hi, thank you for your answer.

However, if you have a valid residence permit and have a new work permit together, they can issue an annex49 with working rights on it. So, you can continue to work while waiting for the new annex46 in case of renewal or change of employer.

uygurdamla5

@Puneet07

So I already did it, I think you can have it too.

maharaji1984

@uygurdamla5


Selam damla


However, if you have a valid residence permit and have a new work permit together, they can issue an annex49 with working rights on it.


As I mentioned above annex 49 is a temporary document. As long as you have valid ID Card you don't need it. It's just a document that covers your staying in kingdom when your ID card expires and if you have a valid combined permit process ongoing.


Your second statement is incorrect


So, you can continue to work while waiting for the new annex46 in case of renewal or change of employer.


You can not continue to work if you don't have unlimited work permit.


If op is waiting an annex 46 this means his/her work permit is linked to his / her employer.


If a new work permit is awaiting from the new employer or unlimited work permit, he/she can not work with old work permit,old ID card, old annex 49, new annex 49.


You need combination of an annex 49 + annex 46 or a valid residence card + annex 46


I hope it's clear explained.


Good luck both of you.

uygurdamla5

@maharaji1984

Selam 😀


I think you should visit this website for the change of employer section.


If you have any valid residence permit documents and got the new work permit, even your old residence card is linked to your old employer, you can still start working while waiting for the new annex46 and the new ID card. Because the person is already in Belgium with a valid residence permit and it’s basically a renewal.

As I said, I already had the confirmation for that indeed.

maharaji1984

You are mixing the concepts.

If you have a work permit this means you have an Annex 46. So you don't need to wait anything unless you have valid residence document.


But if you don't have it or it was linked to your previous employee, you can't.



Employment with the new employer is only allowed once the foreign employee has obtained a new fixed-term work permit for a single permit from the Flemish Economic Migration Department through the employer and if the employee still has a valid residence permit in the form of a valid electronic residence card or in the form of an Annex 49.

You need new work permit


If the previous employment has already ended, the employer must report this via the digital portal(opens in new window) by pressing the “stop†button in the ex-employee’s file. If the “stop†button is not available, the employer must send an email to​​​​​​​​​​​​​​ arbeidskaart@vlaanderen.be(opens in your email application). The employee then only has to wait for the new work permit in order to be able to start with the new employer.


You need new work permit


If you have worked with an old WP in a new work than lucky you smile.png

uygurdamla5

@maharaji1984

Annex46 comes from the immigration office (IBZ).

Work permit comes from the regional authorities.

We receive the work permit first, then the decision goes to the IBZ and they issue the decision via annex46. Then we apply for the card A. Here people call the annex46 part ‘residence permit’ and the first part is the work permit.

I am saying that if you have a valid residence permit or an annex46 from the old employer as you are a resident, when you receive the new work permit from the region, you can work. The website also says that.

I did not work with the old work permit, it is not possible. I guess you think the annex46 is the same thing with the work permit which is not.

maharaji1984

@uygurdamla5

  In my first comment and following comments  thats exactly what i said.



Edit : however you always need to have a new issued annex 46 independent from your work permit for new employer.


When I was waiting for my annex 46 I have been told by ibz  wait until new annex 46 delivered beside I have valid residence card, still valid work permit which was linked my employer.


If opposite has been told to you then someone doesn't do his job well.

uygurdamla5

@maharaji1984

Okay, I got it now.

I am sorry for the confusion but normally you should have worked because it is written on the website.  You can also see the same situations in some other forums here.

Unfortunately, they can give always the same information without paying attention to the details. We always should insist for the written information as they come from the laws.

Puneet07

@uygurdamla5

hi Thanks for the clarify. Do i need submit my RP card in commune before getting annex 49. I think they both cant be issued together. You did the same?

Puneet07

@maharaji1984

I dont understand why DVZ told this. If new Work permit got issue with current date old Work Permit automatically get cancelled and as per theory RP gets also gets cancelled after 90 days linked to older WP. But communes dont usually do it if new application is in progress. They always wait for decision from immigration office.

maharaji1984

@Puneet07

Thats right what you are saying.

From point of mine :


If you have limited work permit to one employer and you want to change your job and your future employer applied for you a new work permit, its in processing status, then theoretically you can not work for your future employer even you are living in Belgium officially.


Because your working rights taken by your previous employer.


To live in there is no problem and that's why you are getting Annex-49 once your current ID expired.

However you shouldn't work until your combined permit ( work permit from region +residence permit from IBZ = Annex46 ) issued.


This is what i have understand from the explanation they gave me 2 years before in IBZ.


I have had still valid ID Card, Valid work permit linked to my previous employee + valid residence permit.