A Union Regulation Decides the Visa, and the Belgian Act Writes the Ninety Days Out Itself
Whether a short visit to Belgium needs a visa is not in any Belgian instrument. Regulation (EU) 2018/1806 carries two annexes: nationals of the countries in Annex I need a visa to cross the external border, and nationals of the countries in Annex II are exempt for stays of no more than 90 days in any 180-day period. What Belgium does write for itself is the limit on the stay. Article 6 of the Act of 15 December 1980 says a foreigner who entered lawfully may not stay more than ninety days, and then says those ninety days are counted over any 180-day period across the territory of every state party to the external-borders convention - not across Belgium alone.
At a glance
- Who decides the visa
- A Union regulation, applied by Belgium as it stands
- Visa-free stay
- 90 days in any 180-day period
Article 4(1) of Regulation (EU) 2018/1806. Article 6 of the Act of 15 December 1980 states the same limit in Belgian terms.
- Where your nationality sits
- Annex I needs a visa, Annex II does not
- Where the days are counted
- Across the states party to the external-borders convention, not Belgium alone
Article 6, second paragraph, of the Act of 15 December 1980, which asks you to look back over the 180 days preceding each day of stay.
- What a long stay needs instead
- A long-stay visa, issued only once the residence authorisation has been granted
Article 2/1, third paragraph, of the Act of 15 December 1980. The visa follows the authorisation; it is not the thing you apply for.
Requirements
- A visa, if your nationality is in Annex I to Regulation (EU) 2018/1806
- No visa, for a stay of no more than 90 days in any 180-day period, if your nationality is in Annex II
- A valid passport or equivalent travel document, with the visa affixed where one is needed
Exceptions by origin
No Visa, and Ninety Days Measured Backwards from Any Day
Your nationality is in Annex II, so no visa is required for a stay of no more than 90 days in any 180-day period. The measure is the part that catches people: it is not ninety days a visit and not ninety days a year. On any given day the question is how many days you have spent in the area in the preceding 180, and the Belgian Act says so in its own words as well as the Regulation. Five states in this corpus carry a footnote making the exemption conditional on an agreement with the Union, and this record does not say whether that agreement is in force.
A Visa Is Required, and Nothing About You Changes That
Your nationality is in Annex I, so a visa is required to cross the external border. The Regulation states the requirement as a list and gives no test an individual can satisfy to fall outside it: the criteria in article 1 are about countries, not about travellers. Belgian law adds nothing here - article 2 of the Act of 15 December 1980 simply requires the document the Union rules call for, and accepts a visa affixed by any state party to the external-borders convention.
What the law says
«Nationals of third countries listed in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States.»The visa requirement, stated as a list rather than as a test about the traveller.
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The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«Nationals of third countries listed in Annex II shall be exempt from the requirement set out in Article 3(1) for stays of no more than 90 days in any 180-day period.»The exemption and its measure. Ninety days in any 180-day period is a rolling window, not an allowance that resets on each entry.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«Sauf dérogations prévues par un traité international, par la loi ou par un arrêté royal, l'étranger qui est entré régulièrement dans le Royaume ne peut y séjourner plus de nonante jours, à moins que le visa ou l'autorisation tenant lieu de visa, apposé sur son passeport ou sur le titre de voyage en tenant lieu, ne fixe une autre durée.»The Belgian limit on a short stay, stated in the Act itself and in days rather than months.
Read it at the sourceAbout this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source
«Est considéré comme séjournant plus de nonante jours dans le Royaume, l'étranger qui séjourne plus de nonante jours sur toute période de cent-quatre-vingt jours, ce qui implique d'examiner la période de cent-quatre-vingt jours précédant chaque jour de séjour, sur le territoire des Etats parties à une convention internationale relative au franchissement des frontières extérieures, liant la Belgique.»The measure. The count is made over the whole area covered by the external-borders convention, which is why leaving Belgium for a neighbouring state does not stop the clock.
Read it at the sourceAbout this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source
«Est autorisé à entrer dans le Royaume, l'étranger porteur :»Entry is conditioned on carrying a document, and the article then lists which.
Read it at the sourceAbout this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source
«2° soit d'un passeport valable ou d'un titre de voyage en tenant lieu, revêtu d'un visa ou d'une autorisation tenant lieu de visa, valable pour la Belgique, apposé par un représentant diplomatique ou consulaire belge ou par celui d'un Etat partie à une convention internationale relative au franchissement des frontières extérieures, liant la Belgique.»A visa issued by another state party to the external-borders convention is enough for entry into Belgium.
Read it at the sourceAbout this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source
«Des visas de long séjour sont délivrés lorsque l'autorisation de séjour requise»A long-stay visa is the consequence of an authorisation already granted, not a route to one.
Read it at the sourceAbout this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source
Practical notes
Being exempt from a visa is not a right of entry. The Schengen Borders Code sets the conditions an officer checks at the external border, and this record does not reach it.
The same two annexes govern every Schengen state, so the answer this record gives for Belgium is the answer the Spanish, German, Italian, Portuguese and Dutch records give.
- consolidatesRegulation (EU) 2018/1806, consolidated version
EUR-Lex, Publications Office of the European Union · consolidated to 2025-12-30
Known to be out of date. A consolidated text is not authentic. Only the Official Journal version of each amending regulation has legal force, and an annex can be amended between consolidations.
About this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
- consolidatesLoi du 15 décembre 1980 sur les étrangers, consolidated text
Justel, Service public fédéral Justice (Moniteur belge) · consolidated to 2026-06-24
About this source
Belgium's consolidated federal legislation, served from the Moniteur belge site at two stable address forms: an ELI of the shape /eli/<type>/<yyyy>/<mm>/<dd>/<numac>/justel, and the older /cgi_loi/change_lg.pl query carrying the dossier number. Each record prints the date the consolidation is updated to, lists its archived versions, and marks in the body which amending Act inserted which words, with the Act identified in footnotes under the article.
Standing: Maintains the text in force
Cannot be cited for: The site is behind a web application firewall. A direct request from this project is answered with a JavaScript challenge page and a support ID, never the document, and the Bright Data proxy is refused at the CONNECT stage; only the extraction service returns text, and even then it refused two records outright - the French text of the Wetboek van economisch recht and the Code des impôts sur les revenus by its dossier number - while serving the Dutch and ELI forms of the same instruments. It may not be cited for the income tax code at all: the record for the Code des impôts sur les revenus 1992 states that updating was suspended in 2002, shows the text as at 9 April 2010, and carries no text of the Code. Dutch and French are both authentic and a Justel record serves one of them; a quotation from one says nothing about the wording of the other. Several instruments are printed as parallel regional versions of the same article - federal, Flemish, Walloon, Brussels, German-speaking Community - so an article number alone does not identify a text. The consolidations are unofficial: the Moniteur belge as published governs. Nothing regional is here: decrees and ordinances of the Regions and Communities, which decide work authorisations and self-employment, are published elsewhere.
We re-read it every 60 days. More about this source