Belgium: Forthcoming Changes to Immigration Policy for Foreign Workers in Brussels Region
July 19, 2024
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At a Glance
Effective October 1, 2024, the Brussels Region will make substantial changes to its immigration policy applicable to foreign workers. Key changes will include:
- Stricter interpretation of minimum salary level for highly skilled roles;
- Employers will no longer need to provide an annual compliance notification to authorities for work authorizations of more than 12 months;
- New work permit and labor market testing exemptions, as well as relaxed change of employer rules;
- Relaxed requirements for EU Blue Card holders, including shorter required contract durations, relaxed change of employer rules, and new professional experience eligibility pathways for information technology applicants; and
- More explicit criteria regarding applications (including renewals) for the professional card for self-employed workers.
The situation
Effective October 1, 2024, the Brussels Region will make substantial changes to its immigration policy applicable to foreign workers.
A closer look
| Change | Impact |
| General |
|
| Stricter interpretation of minimum salary level for highly skilled roles. Employers will no longer be able to include ‘benefits in kind’ (for instance, meal vouchers and group insurance premiums) as part of meeting a salary threshold for highly qualified permit types (namely, the Highly Skilled Single Permit, EU Blue Card and EU ICT permit). | Employers who rely upon ‘benefits-in-kind’ to achieve the salary threshold will instead need to increase the base salary. Of course, where ‘benefits in kind’ are currently not necessary to meet the current salary threshold, a salary increase most likely will not be required. |
| Annual compliance requirement removed. Brussels authorities will now conduct a yearly audit instead of employers providing an annual compliance notification to authorities for work authorizations of more than 12 months. | Employers no longer need to proactively contact the authorities to maintain a valid work authorization. |
| No labor market test for shortage occupation list roles. Labor market testing will no longer be necessary for work permit applications for roles included on the Brussels Region shortage occupation list. Currently, labor market testing is required for such roles. | This will make it quicker and easier for employers to access talent in key shortage areas. |
| Easier change of employer. All foreign workers who otherwise do not have better change-of-employer rights will be able to change employers after having worked for 30 months during an uninterrupted stay in the Brussels Region. Currently, this is generally possible only after 48 months. | By allowing employees to change employers sooner (without also applying for a new work permit), the relaxed rules may save some foreign workers and employers time and money. |
| EU Blue Card Changes |
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Professional experience accepted for EU Blue Card information technology applicants. Applicants who lack academic qualifications will still be eligible for an EU Blue Card if they:
Currently, only applicants with adequate academic qualifications (namely, a diploma from a higher education program, proving at least three years of studies) are eligible for an EU Blue Card in the Brussels Region. |
It will be 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 will only need to be six months in duration (down from the current 12-month minimum). | This change grants employers more flexibility in terms of crafting employment terms. |
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Easier change of employer rules for EU Blue Card holders.
|
By allowing EU Blue Card holders to change employers sooner (without also applying for a new work permit), the relaxed rules may save some foreign workers and employers time and money. |
| Self-employed workers |
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Clearer application and refusal rules for self-employed workers.
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The new rules suggest an increased risk of refusal if applicants fail to show how their activity is bringing specific added value to the Brussels Region, including as compared to other providers on the market. |
| Clearer renewal rules for self-employed workers. Renewal applications will need to show that financial objectives are being achieved, or that the applicant has enough existing financial capacity to withstand current losses and achieve profits in the future. Currently, the grounds for renewal of a self-employed professional card are not explicit. |
The new rules suggest an increased risk of refusal if applicants fail to show what their professional activity is financially viable and sustainable. |
Other changes include:
- A simpler application process for collective work authorizations;
- Additional documentation being required for all permit applications;
- New work authorization exemptions for researchers;
- New requirements for Brussels Region employers to obtain a work authorization from Brussels authorities if an employee works remotely from abroad; and
- New refusal grounds for sponsored work permit applications.
Background
- 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 Walloon Region expected to do so later in 2024.
- Labor shortages. Many of the changes (for instance, more relaxed change of employer rules and reduced barriers to working in shortage occupation fields) are part of broader efforts to increase not only foreign worker attraction, but also retention, in the Brussels Region, amid an ongoing labor shortage in Belgium.
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.
The Walloon Region is 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].
