Special residence cards—known as “card S” for staff of international organisations and “card P” for their family members—have long been viewed as a springboard to permanent status after five years of residence in Belgium. On 20 October 2026, immigration law firm Altea reported that the Immigration Office (IO) has adopted a new internal guideline systematically refusing these applicants access to EU long-term resident status. Previously, the IO argued that holders of protocol cards were excluded “as a matter of principle”, a position repeatedly overturned by the Council for Alien Law Litigation (CALL). The revised policy shifts the reasoning: the IO now claims that S and P cards imply residence “exclusively on temporary grounds”, even when the underlying employment contract is indefinite. Lawyers note that this interpretation conflicts with EU Directive 2003/109/EC and with recent Court of Justice case-law stating that renewability and actual duration—not the label—determine whether residence is temporary. For multinational entities headquartered in Brussels—ranging from EU agencies to NATO suppliers—the change complicates talent retention. Staff spouses may be unable to work without jeopardising status, and children born in Belgium could lose a path to Belgian nationality, which requires a parent with unlimited residence. HR teams are therefore reassessing assignment lengths, sponsorship strategies and contingency plans for career-tracking dependants. Legal practitioners expect a fresh wave of litigation, pointing to CALL judgments 327.545 (3 June 2025) and 335.083 (28 Oct 2025) that rejected similar IO arguments. In the interim, affected card holders are advised to keep meticulous proof of integration (school records, tax returns, rent contracts) and to file appeals within 30 days of any refusal. Companies may also explore the Single Permit work-authorisation route, which does not rely on diplomatic status.
Source: Altea Lawyers
