The Belgian authorities announced on 23 September 2020, the start of a new phase in their response to the COVID-19 public-health crisis, shifting to a longer-term approach to health-risk management and a greater accountability of Belgian citizens. As from 1 October 2020, new rules governing, social distancing, mask-wearing, “close contact,” and quarantining come into effect. There have also been some recent changes to presence in and travel to/from so-called green, orange, and red zones, and other travel restrictions.
The Belgian authorities announced on 23 September 2020, the start of a new phase in their response to the COVID-19 public-health crisis, shifting to a longer-term approach to health-risk management and a greater accountability of Belgian citizens.1 Belgium is also moving away from the ‘hard’ travel ban to regions within the EU+ region that are designated as ‘red zones’ by the Foreign Office, bringing its travel restrictions more in line with the rest of the EU+ region. Also, third countries are no longer automatically considered red zones.2
As communicated in our GMS Flash Alert 2020-318, on 17 July 2020, Belgium decided not to open its border for non-essential travel by travellers from the safe country list issued by the European Commission. Instead the list of essential reasons for travel has been further clarified and consular activities abroad were gradually resumed to facilitate visa applications for travellers with an essential function or need to travel to Belgium. The authorities have now also implemented a process for third-country nationals wishing to travel to Belgium for less than 90 days and who could previously benefit from the visa waiver.3
This GMS Flash Alert aims to provide an overview of the new measures taken by the Belgian authorities and to clarify who can travel to Belgium and under which conditions.
Belgium is easing its response to the health crisis. Reducing the obligation to self-quarantine both in time and in scope. Even though non-essential travel remains largely forbidden for travellers from outside the EU+ region, Belgium is opening up for professional travel under strict conditions.
The various COVID-19 containment measures have had a profound impact on both professional and personal travel. Companies worldwide have had to cancel or postpone business trips and assignments.
Companies can now slowly start to resume their international travel plans and prepare for upcoming business travel and assignments to/from Belgium.
As communicated in our GMS Flash Alert 2020-281a (16 June 2020), on 3 June 2020, the Belgian National Security Council approved the transition to the third phase of the gradual phase-out plan. With this new phase, everything is allowed except for activities that are explicitly prohibited. This was a radical change from the list of approved activities. The Belgian National Security Council announced on 23 September 2020, the start of a yet new phase, towards a longer-term approach and calling for greater accountability of Belgian citizens.
As from 1 October 2020, the following rules (non-exhaustive list) will come into force:4
Self-quarantine rules are eased. As from 1 October, asymptomatic persons should self-isolate for seven days as from the last day of close contact with a COVID-19-infected person. A PCR test should be done on the fifth day after the last day of close contact. If negative, the quarantine stops after the seventh day.
A mobile app will be launched on 30 September 2020 to facilitate contact tracing.
Belgium has still not re-opened its borders for non-essential travel of travellers from countries on the list of safe countries of the European Commission.5 This will remain the case until further notice. However, visa activities in Belgian Embassies and Consulates abroad are gradually resuming so as to facilitate visa applications and the list of essential reasons of travel has been further clarified.6
Travellers with an essential function or need to travel to Belgium for more than 90 days should always first obtain a valid D visa.
Travellers who benefit from the Schengen visa waiver and who have an essential function or need to travel to Belgium for less than 90 days are not required to obtain a valid C visa but should always first obtain an ‘essential travel certificate’. This certificate is issued by the competent Belgian consular authority in the country of residence of the traveller after verifying the nature of the travel.
Travellers who do not benefit from the Schengen visa waiver and who have an essential function or need to travel to Belgium for less than 90 days should always first obtain a C visa. If the visa has been issued before 18 March 2020, an ‘essential travel certificate’ should be obtained too.
An essential travel certificate is not required if it is clear from the travel documents that the travel is essential (example: plane ticket for transit passengers, diplomatic passport for diplomats, etc.).
The Federal Public Service of Foreign Affairs has categorised countries (and sometimes regions within countries) in green, orange, and red zones. New: Some third countries are now considered green or orange zones. For persons travelling or returning to Belgium after a stay abroad of at least 48 hours, the following rules must be followed7, 8:
As from 25 September 2020, travelling into red zones is no longer prohibited for non-essential travel – but it is highly discouraged.
Third countries are no longer automatically considered red zones by the Federal Public Service of Foreign Affairs. Starting on 25 September, travellers from Australia, Japan, New Zealand, Rwanda, Thailand, Uruguay, and South Korea no longer need to self-quarantine and undergo a test upon arrival in Belgium.9
This update is only applicable for travellers with an essential reason to travel to Belgium. The travel ban for non-essential travel for third country nationals remains in force.
1 Press release of the Belgian Crisis Centre of 23 September 2020 (in Dutch) at: https://crisiscentrum.be/nl/news/crisisbeheer/lancering-van-de-strategie-voor-risicobeheer-responsabilisering .
2 Federal Public Service Foreign Affairs “You are returning from...” at: https://diplomatie.belgium.be/en .
3 Belgian Immigration Office “Reizen naar België” (in Dutch) at: https://dofi.ibz.be/sites/dvzoe/NL/Gidsvandeprocedures/Pages/Reizen%20naar%20België.aspx.
4 Press release of the Belgian Crisis Centre of 23 September 2020 (in Dutch) at: https://crisiscentrum.be/nl/news/crisisbeheer/lancering-van-de-strategie-voor-risicobeheer-responsabilisering .
5 Belgian Immigration Office “Reizen naar België” (in Dutch) at: https://dofi.ibz.be/sites/dvzoe/NL/Gidsvandeprocedures/Pages/Reizen%20naar%20België.aspx.
6 See the following issues of our GMS Flash Alert: 2020-066 (17 March 2020), 2020-096 (23 March 2020), 2020-281a (16 June 2020), 2020-318 (17 July 2020), and 2020-374 (28 August 2020).
7 Federal Public Service Foreign Affairs “You are returning from...” at: https://diplomatie.belgium.be/en .
8 Press release of the Belgian Crisis Centre of 23 September 2020 (in Dutch) at: https://crisiscentrum.be/nl/news/crisisbeheer/lancering-van-de-strategie-voor-risicobeheer-responsabilisering .
9 Federal Public Service Foreign Affairs “You are returning from...” at: https://diplomatie.belgium.be/en .
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Belgium.
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