New rules for frontier workers
The new regulation updates the regime for frontier workers and clarify the conditions under which they may work in Belgium without residing there.
1. Definition
The regulation provides that a frontier worker:
- has no right of residence in Belgium, but only a right of entry and exit for more than 90 days in order to work there;
- carries out employed or self-employed work in Belgium. These activities may also be carried out in the context of a posting;
- must reside in a neighbouring country, namely France, the Netherlands, Germany or Luxembourg. The United Kingdom is treated as a neighbouring country.
2. Formalities
The reform provides for separate regimes for Union citizens and third-country nationals.
1) European Union citizens
This regime applies to European Union citizens and is extended to nationals of Switzerland, Liechtenstein, Norway and Iceland.
Throughout their employment, these workers may enter and leave Belgium to carry out their professional activity simply by presenting a valid identity card or passport, or any other document allowing entry to the territory.
They do not need to apply for any specific document or complete any additional administrative formalities.
2) Third-country nationals
- Residing in France, the Netherlands, Germany or Luxembourg
These frontier workers must maintain their main residence in the neighbouring country and, in principle, return there each day. Exceptionally, they may remain in Belgium for longer for professional reasons, but must return to their main residence within 7 days at the latest. For longer stays in Belgium, a single permit is required.
Within eight working days of their first entry into Belgium, these workers must report to the municipality where they usually work to obtain an “Annex 64”, which replaces the former “Annex 15”. In particular, they must provide evidence of their identity, lawful stay and main residence in the neighbouring State, as well as their right to work in Belgium.
- Residing in the United Kingdom
These workers must apply to the Belgian diplomatic or consular post for a long-stay visa without a right of residence.
In addition to the documents required of other third-country nationals, they must provide an extract from their criminal record.
- Common provisions
The validity of the right of entry and exit is linked to the duration of employment in Belgium, subject to a renewable maximum of one year. Its validity may not exceed the validity of the residence permit in the neighbouring State and/or the passport.
3. Entry into force
The new rules entered into force on 15 August 2026.
Frontier workers who already held an Annex 15 must comply with the new provisions by 15 August 2027 at the latest.
4. Key takeaways
The formalities for frontier workers who are European Union citizens differ from those applicable to third-country nationals.
Source : Royal Decree of 19 July 2026 amending the Royal Decree of 8 October 1981 on access to the territory, residence, settlement and removal of foreign nationals, as regards frontier workers, Belgian Official Gazette of 14 August 2026.