Belgium: EU Intra-Company Transferee Permit Implementation Date Confirmed

As a reminder, the following will apply to an EU ICT Permit holder in Belgium when the Permit is implemented:

• Eligibility for permit. The EU ICT Permit, which is a combined work and residence (single) permit, is available to managers and specialists with at least a higher education degree and trainees with a university degree. Managers, specialists and trainees must have been working in the sending non-EU company for at least three months (in the Flanders and Walloon Regions) or six months (in the Brussels Region) to qualify for the EU ICT Permit, and must have their main residence outside the European Union when applying for the permit.
• Salary requirements. Applicants must receive a salary similar to Belgian nationals in a comparable position. Regional governments have set specific thresholds that are presumed to meet this requirement, to streamline application processing.
• Application process. The application process is similar to other single permit types. EU ICT Permit applications are submitted to the Regional Employment Authorities for final approval by the Federal Immigration office. Overall processing times are expected to be the same as regular highly-skilled single permit applications, currently three to five months. Formally, government processing times cannot exceed 90 days (as compared to 120 days for regular single permits).
• Family members work authorized. Dependents of both EU ICT Permit and Mobile ICT Permit holders can work in Belgium once they receive their dependent residence permits without a separate work permit.
• Maximum stay. After holding an EU ICT Permit for three years, permit holders must change to another Belgian permit type (e.g., Highly Skilled Permit), or must complete a “cooling-off period” by leaving Belgium for at least three months before applying for another EU ICT Permit. Trainees can hold an EU ICT Permit for up to one year, but cannot extend this permit, except in Wallonia, where the Trainee permit is valid for six months, renewable once (“cooling-off” period required). The EU ICT Permit does not count toward permanent residency.
• UK nationals. UK nationals not resident in Belgium before December 31, 2020 require work authorization. Eligible UK nationals will be able to apply for an EU ICT Permit.

• Card issuance. Brussels has been accepting EU ICT Permit applications following partial implementation in 2020. Applicants holding a general Single Permit card issued under EU ICT Permit rules should be able to apply to switch their card starting December 16.
• Applications in Wallonia. Wallonia and Flanders are expected to start accepting EU ICT Permit applications starting December 16, 2021.
• Mobile EU ICT Permit applications to become available. EU ICT Permit holders from another EU Member State seeking to work at a Belgian entity of their home employer for over 90 days will be able to apply for a Mobile ICT Permit with the Regional Employment Authorities starting December 16, 2021. These individuals can start working while their Mobile ICT Permit application is pending, provided the Posted Worker (Limosa) notification is submitted. Mobile ICT Permit applicants should receive a salary similar to Belgian nationals in a comparable position.
• Notification required for short-term stay. EU ICT Permit holders from other EU Member States were already permitted to work at a Belgian group entity of their home employer for up to a maximum of 90 days in any 180-day period, provided the employer submitted a Posted Worker (Limosa) notification.

• Implementation delay. Implementation of the EU ICT Permit was delayed in 2019 due to prolonged formation of a new federal government. Over 2020 and 2021, the Belgian Council of State was backlogged, delaying its mandatory advice on the final legislation. 
• EU ICT Permit background. The EU ICT Permit is suitable for intracompany transfers of managers, specialists and trainees from outside the European Union for more than 90 days, per the implementation of an EU Directive. The EU Directive aims to coordinate immigration rules for ICTs within the European Union and to allow intra-EU mobility rights. All other EU Member States have implemented the Permit (except Denmark and Ireland, which opted out of the Directive).
• Benefits of Permit. Eligible EU ICT Permit holders can work in corporate group entities in other EU Member States following a streamlined notification or application process, offering the first truly intra-EU work authorization option. This significantly reduces the risk of noncompliance and the administrative burden for employers seeking to assign eligible staff to multiple EU locations.

Effective December 16, 2021, all EU Member States (excluding those that opted out) will have implemented the EU ICT Permit. As a result, employers and foreign nationals will be able to benefit from the full scope of intra-EU labor mobility available under the permit.

Employers and interested applicants should consult their immigration professional for strategic mobility planning across the European Union.