Resident permits and corresponding work permits are based on national laws.
So for 3rd country nationals, assume that persons living/working in both Belgium and the Netherlands must deal with both countries.
The best advice that can be given, is to go and ask them if a 'practical solution' exists for this scenario (one never knows...)
- especially for peaple living in the Border area
- German term for this is Grenzgänger
Grenzgänger: (frontier worker)
There is no English version of the Wikipedia artical about this topic, and deals more on the topic of taxation than on residence or work permit requirements
- is more extensive imn the area of European Union Law and Switzerland
- the Dutch version is more extensive in the area of Belgium and Germany
- the French version is more extensive in the area of Switzerland
Legal situation in the European Union
Under EU law, the worker is a "frontier worker" employed in the territory of a Member State (State of employment) residing in the territory of another Member State (State of residence - political criterion), to which he usually returns daily, but at least once a week (temporal Criteria). However, this definition, which requires daily or weekly returns to the place of residence in addition to driving from residence to work across a border, only applies to the social protection of the workers concerned in the European Union.
According to the double taxation treaty between Belgium and the Netherlands, frontier workers paid income tax in the country of residence until 1 January 2003 , but as a result of other treaties they were subject to the social insurance laws of the country of employment. In the new treaty between Belgium and the Netherlands, the principle applies that frontier workers also pay income tax in the country of employment. Because the Netherlands and Belgium use different systems, there are many disadvantages associated with cross-border work, which means that the principle of free movement of people in the European Communityis hindered. To compensate for any tax disadvantage, a so-called compensation scheme has been introduced for employees who live in the Netherlands and work in Belgium. By applying this compensation scheme you get a tax refund from the Dutch tax authorities if you incur a tax disadvantage by working in Belgium.
Digging up old residence (pre Schengen) laws, there was no such thing as a
Convention between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands on the transfer of control of persons to the external frontiers of Benelux territory
of 20.06.1960, last amended 18.08.1982
forsaw a common
- transit and travel visa (<= 3 months)
but not a common permission for temporary residence (> 3 months).