David, a teacher at Cardinal Mercier college, has been left in a state of uncertainty due to the non-renewal of his single permit by the Walloon Region. He has been in Belgium for nine years, and studied and worked here without any problems. However, due to a two-month delay, he has been put at risk of losing everything. The college’s deputy director, Benoit Martin, raised the issue and found a legal void. He discovered that a temporary teacher during summer holidays is no longer under a contract, even if they are expected to be rehired the following year. This fact means that they are no longer legally allowed to remain in the country, according to the Foreigners Office. David had a single permit which combines his work and residency rights, and the Walloon Region relied on his temporary absence of a contract to refuse its renewal. Consequently, David’s residency and work permits were invalidated. The college lodged an appeal once morest this decision, while still employing David as a religion teacher. However, by March, the college had to let him go because its appeal had been acknowledged, and they were told that they were illegally employing him. His job is on the shortage professions list in Belgium, and therefore, the school is left without a teacher. The lawyer specializing in immigration law, Jean-Marc Picard, calls this situation aberrant, but not an isolated case. He thinks that it is time for a small change in the law to enable those who are illegal residents but have jobs in Belgium to be directly regularized without having to return to their country. A petition has been opened to support David and prevent him from being expelled from the country.
“I have the impression that the Immigration Office and the Walloon Region do not take my situation into account: I have been in Belgium for 9 years, I studied here, I immediately started to work, and all that without any problem. And because of this 2 month delay, I risk losing everything”David is indignant. “I’m trapped, and the school too”he breathes.
A story that caused a lot of reaction, starting with the Cardinal Mercier college where David was a teacher. We met Benoît Martin, deputy director of the establishment who also contacted us via the orange Alert us button to denounce this situation.
“When we learn of the decision of the Walloon Region on December 29, 2022, the sky is falling on our heads”, he reacts. “We did not expect it at all since the previous year everything had gone well”.
A legal void regarding temporary foreign teachers
And on closer examination, Benoît Martin finds a legal vacuum, he explains to us: “A temporary teacher, during the summer holidays, is no longer under contract, even if we know very well that we will rehire him the following year. And for the Foreigners Office, no longer being under contract means say that you can no longer be legally in the country”, he details.
David benefits from a single permit, namely a permit that combines both the residence permit and the work permit. The Walloon Region therefore relied on this short absence of contract to refuse the renewal of David’s single permit. And therefore invalidate his residence permit, but also his work permit. In January, the establishment lodged an appeal once morest this decision while continuing to employ him as a religion teacher.
The establishment forced to dismiss David because of the non-renewal of his single permit
“But in February, we received the acknowledgment of receipt of the appeal which told us that we were hiring a person illegally, in this case Mr Mbombo, and that we risked heavy fines”he summarizes. “There, the sky is falling on our heads a second time”.
Result, in March, the establishment is forced to separate from Mr Mbombo “because there were too many risks”. “The lawyer was on the same line as us, by mutual agreement but with a heavy heart, we separated on March 9”he breathes.
Religion teacher, a job in short supply in our country
David is therefore a victim of this legal void. Problem, the Federal and the Region pass the buck. It is impossible to know where to turn to challenge this decision. “And this game of ping pong keeps the file stuck”explains the deputy director of the establishment.
“What we are waiting for are actions. We hope that the case can be resolved quickly, we are acting for Mr Mbombo but this is not an isolated case, there are plenty of Mbombo who are unfortunately not publicized “concludes Benoît Martin.
Especially since his job is one of the shortage professions in Belgium. Result: the Cardinal Mercier college finds itself without a teacher for its students, who are now exempt from this course.
Law enforcement ‘harmful’ says immigration lawyer
Jean-Marc Picard, a lawyer specializing in immigration law for 35 years, shares his expertise with us: “It’s ‘stupidly’ coherent! We have an almost mathematical application of the law without thinking regarding the consequences that it has. And I think it’s really harmful”.
“This gentleman is a teacher on a temporary basis, so we are laying him off in June to rehire him in September. What is the Foreigners Office doing? It finds that this gentleman has a residence permit and a work permit until June, that means that on July 1 he no longer has a residence permit or a work permit. His single permit has not been renewed. As a result, he receives an order to leave the territory”he summarizes.
An “aberrant” situation but not an isolated case in Belgium
A situation that the lawyer judges “aberrant” but that is not an isolated case. And above all, which is not only found in education, explains Me Picard who works on several similar files: “We have trained people but they cannot work in Belgium even though they would be useful, they would help the Belgian economy, they would pay taxes”he explains. “It’s absurd and it’s a way of applying the law which is harmful, truly harmful for the Belgian economy“, he insists.
For him, the question is more political than legal: “We have in Belgium a significant number of illegal residents who work on the black market, and who would like nothing better than to be regularized, whom the boss also wants to regularize, but there is no way”. In our country, undeclared work represents between 3.6% and 20% of GDP.
Consequently, Me Picard insists, it would take a “small change in the law in order to allow people who are illegal residents but who have a job, to be directly regularized in Belgium without having to return to their country.
An open petition
To support David and prevent him from being expelled from the country following this administrative and legal imbroglio, a petition was opened by parents from the school. It has already collected thousands of signatures.
The case of David Mbombo, a temporary religious teacher in Belgium, highlights a legal void that has far-reaching consequences. Due to a short gap in his contract, the Walloon Region refused to renew his single permit, invalidating his work and residence permits. The Cardinal Mercier college, where David teaches, appealed the decision but was forced to separate from him. This situation is not unique and has caused much harm to both individuals and the economy. Immigration lawyer, Jean-Marc Picard, calls for a change in the law to allow undocumented workers with jobs to be directly regularized without leaving the country. We stand in solidarity with David and urge authorities to find a solution that takes into account his contributions and plight. You can support him by signing the petition.