Belgium: Changes to Immigration Policy for Foreign National Workers in Walloon Region
September 4, 2024
Country / Territory
Share
At a Glance
Effective September 1, 2024, the Walloon Region implemented substantially relaxed rules regarding work permits, with key changes including:
- New work permit exemptions;
- Greater flexibility for low- or medium-skilled foreign workers;
- Relaxed requirements for EU Blue Card applications, including shorter required contract durations, relaxed change of employer rules, and new professional experience eligibility pathways for information technology applicants; and
- New professional experience eligibility pathways for EU Intracompany Transferee permit holders and Highly Skilled Single Permit holders.
The situation
Effective September 1, 2024, the Walloon Region implemented substantially relaxed rules regarding work permits.
A closer look
Key changes include the following:
| Change | Impact |
| General | |
|
Work permit exemptions expanded. The government now allows the following activities to be conducted as a business visitor; whereas previously they typically required a work permit:
|
|
|
New rolling 180-day short-term work permit. It is now possible to obtain a short-term work permit valid for 90 days over a 180-day rolling period, instead of only for a fixed 90-day period (as was previously the case). For example, an employee could now enter the Walloon region on the same permit for 10 separate work trips (each totaling nine days) over a half-year period. |
This reform provides employers with more flexibility to allow staff to conduct short-term and sporadic work assignments in Belgium, in turn providing more talent management flexibility. |
|
Non-shortage occupation list roles now available for low/medium Skilled foreign nationals. Low- to medium-skilled foreign nationals can now apply for roles that are not included on the Walloon Region’s shortage occupation list (SOL), provided that they pass a labor market test. Previously, low- to medium-skilled foreign nationals could only obtain Walloon work permits for roles listed on the region’s SOL. As part of this change, a formal labor market test application process has been introduced in the region. For labor market test applications, employers must cooperate with the Walloon Public Employment Service to publish a job vacancy for at least five weeks, among other processes. |
These reforms make it easier for businesses to engage a broader pool of low- to medium-skilled foreign nationals on a wider range of tasks, allowing for greater talent management flexibility. |
| EU Blue Card | |
|
Professional experience accepted for EU Blue Card information technology applicants. Applicants who lack academic qualifications are now still eligible for an EU Blue Card if they:
Previously, only applicants with adequate academic qualifications (namely, a diploma from a higher education program, proving at least three years of studies) were eligible for an EU Blue Card in the Walloon Region. |
It is now easier to hire foreign workers with experience in the information and communication technology sector who do not have academic qualifications. This is critical during a current labor shortage in this sector in Belgium. |
|
Reduced job offer durations. Employment contracts now only need to be six months in duration (down from the previous 12-month minimum). |
This change grants employers more flexibility in terms of crafting employment terms. |
|
Easier change of employer rules for EU Blue Card holders. After 12 months of employment, EU Blue Card holders can now change employers immediately (down from the previous 24 months of employment). Although authorities must still be notified about such a change of employer, the actual right to change employers will not be subject to the employer receiving any approval. |
By allowing EU Blue Card holders to change employers more easily, the relaxed rules may save some foreign workers and employers time and costs associated with a new work permit application. |
|
Work permit exemptions. Holders of an EU Blue Card from another EU Member State can now enter and stay in the Walloon Region for 90 days in any 180-day period for any tourism or work purposes. Previously, EU Blue Card holders in the Walloon Region were limited to the general work permit exemption regime, which applies to only a limited range of work activities. |
This change provides employers with more flexibility to move talent to the Walloon Region for short-term work purposes. |
|
Highly Skilled Single Permit |
|
|
Professional experience accepted for Highly Skilled Single Permit applicants. Applicants who lack academic qualifications are still eligible for a Highly Skilled Single Permit if they either:
Previously, only applicants with adequate academic qualifications (namely, a diploma from a higher education program, proving at least three years of studies) were eligible for a Highly Skilled Single Permit in the Walloon Region. |
It is now easier to hire foreign workers who do not have academic qualifications. This is critical during a current labor shortage in this sector in Belgium. |
|
EU Intracompany Transferee (ICT) |
|
|
Easier qualifications for managers and specialists under EU ICT status. EU ICT managers and specialists no longer need to demonstrate that they hold a higher education degree to qualify for EU ICT status. Among other requirements (including minimum salary levels), applicants for a EU ICT manager must demonstrate they will be holding a managerial position (based upon the job description and the organization chart); while applicants for an EU ICT specialist status must demonstrate specialized knowledge. |
This will make it easier for managers and specialists to qualify for EU ICT status, which offers advantages over other statuses, notably in terms of intra-EU mobility. |
Other changes include:
- Minimum salary levels. New minimum salary threshold categories have been created for EU Blue Card and Highly Skilled Single Permit holders. Separately, the minimum salary threshold for highly qualified permit types (for example, Highly Skilled Single Permits, EU Blue Cards, and EU Intra-Company Transfer Permits) are now pro-rated according to the time actually worked by the employee. This allows such permit holders to work part time without putting at risk the validity of their work permit. Note that the salary should still satisfy relevant labor law requirements (including the guaranteed average monthly income).
- Travel costs. For non-highly qualified permit applications, employers must now commit to take on any travel costs to Belgium. Previously, employers were not required to do this.
- Medical insurance. For local hires and non-highly qualified permit applications, employers must now provide medical insurance until their employees can benefit from the national insurance system. Previously, employers were not required to do this.
- French translation. All work permit applications must now be translated into French (if they are not already in French).
Background
- Labor shortages. Many of the changes are part of broader efforts to increase not only foreign worker attraction, but also retention, in the Walloon Region, amid an ongoing labor shortage in Belgium.
- Partial alignment with EU Blue Card Directive. The changes to the EU Blue Card rules are part of Belgium’s domestic implementation of the revised EU Blue Card Directive, with the Flanders Region already having implemented regional reforms, and the Brussels Region to do so on October 1, 2024.
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. We will report on related developments.
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].
