In a legal briefing published on 20 October, Brussels law firm Altea reported a surge in applications from holders of Belgian diplomatic ‘S’ and international-organisation ‘P’ residence cards who wish to switch to EU long-term resident status after five years. The Immigration Office, however, rejects many of these requests on the ground that time spent under special-privilege cards does not count as ‘legal and uninterrupted’ residence. Altea argues that this restrictive interpretation conflicts with EU Directive 2003/109, which requires only that applicants reside legally within a member state, regardless of the residence category. The firm cites recent case law from the Court of Justice indicating that privileged-card periods should indeed be included. The memo advises international organisations, embassies and corporate liaison offices to alert affected employees early and to gather documentary proof—such as municipal registration certificates—showing continuous residence. It also recommends filing appeals within the statutory 30-day window if an application is refused. For employers managing assignees on protocol status, the key takeaway is that transitioning to long-term residence is possible but may require litigation until Belgian authorities revise their guidance. Mobility teams should budget additional time and legal costs when planning long-term talent retention pathways.
Source: Altea Law Firm
