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Recent News From Immigration Law Associates

  • Certificate of coverage - principle of prohibition of fraud and abuse of right

    Certificate of coverage - principle of prohibition of fraud and abuse of right

    Published: 08 Feb 2018

    On February 6th, the European Court of Justice ruled on the binding effect of a certificate of coverage on a court of a Member State other than that in which the document was issued (C-359/16). The case concerns a Belgian company active in the construction field, had subcontracted the work at all its sites to Bulgarian undertakings posting workers to Belgium. It was revealed that on the one han...

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  • The retroactive effect of a portable document A1 and the “non-replacement condition”

    The retroactive effect of a portable document A1 and the “non-replacement condition”

    Published: 04 Feb 2018

    In his opinion delivered on 31 January 2018 (C-527/16), Advocate General Saugmandsgaard Øe addresses issues related to the coordination of the social security systems, pursuant to Regulation 883/2004 and its implementation Regulation 987/2009. The dispute in the main proceedings concerns the determination of the social security legislation applicable to workers posted by two Hungarian under...

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  • Unlimited stay, opportunity or warning light?

    Unlimited stay, opportunity or warning light?

    Published: 29 Jan 2018

    Third-country nationals, posted to Belgium, can be authorised to stay for an unlimited period. Practically, the Immigration Office, based on its discretionary power, issues to long-term posted workers, residence permits type B, valid five years. Such authorisation can be considered on the one hand as a warning light and on the other hand as an opportunity. Although a very particular case, it me...

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  • Unlimited stay, opportunity or warning light?

    Unlimited stay, opportunity or warning light?

    Published: 29 Jan 2018

    Third-country nationals, posted to Belgium, can be authorised to stay for an unlimited period. Practically, the Immigration Office, based on its discretionary power, issues to long-term posted workers, residence permits type B, valid five years. Such authorisation can be considered on the one hand as a warning light and on the other hand as an opportunity. Although a very particular case, it me...

    Read More

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