Belgium: Updates to Implementation of Students and Researchers Directive
March 20, 2023
At a Glance
Belgium has made additional changes to its laws to comply with the EU Students and Researchers Directive regarding third-country trainees and researchers, which include the following:
- Third-country trainees will find that some rules have been relaxed, while other rules are more restrictive, regarding salary, age requirements, timing, and duration of the traineeship, among others.
- Researchers can apply for a search year permit after completing their research.
- Researchers at a recognized research organization will lose the advantageous exemption that previously applied to them and will have to follow the regular work permit or single permit process.
The situation
Belgium has made additional changes to its laws to comply with the EU Students and Researchers Directive regarding third-country trainees and researchers.
Background
The Students and Researchers Directive aims to attract foreign talent to facilitate their admission into the European Union. The Directive also sets up a specific intra-EU mobility scheme whereby a third-country national who is authorized to conduct research or studies through an organization in one EU Member State is entitled to enter, stay and carry out research activities or studies in one or several other EU Member States.
A closer look
Changes under the new laws include the following:
Category of Person | Details | Impact |
Trainees |
The following changes have been made to the regulations on work permits and single permits for trainees:
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Search year permit for researchers |
Researchers whose specific residence permit as a researcher expires can now request a search year permit allowing them to stay in Belgium for up to 12 months in order to look for work or set up a company. If during this year, they find suitable employment or start a self-employed business, they must apply for a change of status to a single permit or professional card. |
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Researchers under Single Permit procedure |
As of March 1, 2023, researchers at a recognized research organization must apply for a work permit or single permit. Previously, they were exempted from work authorization. |
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Looking ahead
It remains to be seen whether the new rules will bring relaxed results as compared to the existing rules for trainees, especially as the duration is limited to six months in some regions and it is not clear how authorities will interpret whether a traineeship is in the same field as the degree.
Additionally, since researchers must undergo the entire single permit process (which can take several months), it is important for employers to plan relocation well in advance of intended travel dates.
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].