Belgium: Changes to Immigration Policy for Foreign National Workers in the Flanders Region
April 4, 2024
At a Glance
The Flanders Region has made substantial changes to its immigration policy applicable to foreign workers, which will enter into force on May 1, 2024. Key changes include:
- New work permit exemptions;
- Shortage occupation and labor market testing rule restrictions; and
- Relaxed educational qualification requirements for EU Blue Card holders and intracompany transferees, among others.
The situation
The Flanders government has substantially changed many rules regarding EU Blue Card holders, intracompany transferees (ICTs), and other foreign workers.
A closer look
Change | Impact |
All foreign workers | |
Work permit exemptions to be expanded. The government will allow the following activities to be conducted as a business visitor, whereas currently, they typically require a work permit:
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Shortage occupation rule restrictions. Employers will need to submit documents supporting an individual’s competencies, experience and qualifications for medium-skilled shortage occupation applications, as this will now be evaluated by the Regional Employment Ministry (REM). Previously, employers were not required to submit such supporting documents. |
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Labor market test rule restrictions.
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EU Blue Card Changes | |
Professional experience accepted for EU Blue Card information technology (IT) applicants. For EU Blue Card applicants in the IT sector, professional experience will be accepted in lieu of academic qualifications if the candidate is a manager in the field, as listed in International standard classification of occupations (ISCO) code 133, or a specialist in the field, as listed in ISCO-08 code 25; and if the candidate has at least three years of relevant professional experience acquired within the seven years before applying for an EU Blue Card. |
It will be easier to hire foreign workers with experience in the IT sector who do not have academic qualifications, which is key at a time when there is a shortage of IT workers in Belgium. |
Easier change of employer rules.
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EU Blue Card holders will no longer need to apply for new work permit if they seek to change employers, as long as the new employer meets the minimum salary level and notifies the REM within the first 12 months, which will save time and costs for the foreign worker. |
Salary threshold increased. The immigration salary threshold for an EU Blue Card has increased to 130% of the average income, which for 2024, corresponds to EUR 60,621 annual taxable salary. |
New initial Blue Card applications will need to meet the new higher salary threshold. The new threshold will not apply to EU Blue Cards already issued as long as the employee does not change employers. |
EU ICT Changes | |
Easier qualifications for managers under EU ICT status. ICT managers will no longer need to demonstrate that they hold a degree of higher education to qualify for EU ICT status. |
This will make it easier for managers to qualify for EU ICT status, which offers advantages over other statuses, notably in terms of intra-EU mobility. |
Relaxed EU ICT eligibility for IT workers. EU ICT IT workers with professional experience but no academic qualifications will be eligible for an EU ICT permit if they are a manager as listed in ISCO-08 code 133, or specialist as listed in ISCO-08 code 25; and if they have at least three years of relevant professional experience acquired within the seven years before applying for an EU ICT Permit. |
It will be easier to hire foreign workers with experience in the IT sector who do not have academic qualifications, which is key at a time when there is a shortage of IT workers in Belgium. |
There are also other, less impactful, changes such as an easier process to hire seasonal workers; a shorter minimum contract duration of six months for EU Blue Cards; new refusal grounds for the government to refuse work permit applications due to conditions related to the employing company; and more frequent updates to the medium-skilled shortage occupation lists, among other changes.
Background
- Partial alignment with EU Blue Card Directive. The changes to the EU Blue Card and EU ICT regimes are part of the domestic implementation of the revised EU Blue Card Directive and corrections to the implementation of the EU ICT Directive. Belgium has only minimally implemented the directives, however, and has left out optional provisions which create a more flexible EU Blue Card regime.
- Rationale for shortage occupation and labor market testing changes. The changes to the Shortage Occupation and Labor Market test regime are meant to enforce the concentric model for labor migration put forward by the Flemish government, which aims to admit foreign nationals for work only after the Belgian and European labor market have been exhausted.
Looking ahead
Belgium is likely to continue to implement policies that attract talent not found in the local population in order to fill skills shortages, while restricting immigration in other areas.
Brussels and Wallonia are expected to also implement the revised EU Blue Card Directive in a similar manner, with legislation expected to be adopted and enter into force by the third quarter of 2024.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].