Belgium: Updates to Implementation of Students and Researchers Directive

The following changes have been made to the regulations on work permits and single permits for trainees:

• A minimum salary is no longer required. However, sufficient means must still be proven and can take into account any income the trainee might receive for the traineeship or take the form of a guarantee (provided by the employer or a third party).
• There is now no age requirement. Previously, trainees were as a rule required to be under 30 years of age.
• Trainees can take part in a traineeship as part of their study for a higher education degree and not just after their graduation. Previously, trainees could only apply for a single permit or work permit after obtaining a diploma.
• The traineeship is only possible when the higher educational degree was obtained a maximum of two years preceding the application for the traineeship (this was not explicitly mentioned in the former legislation).
• The traineeship must be in the same field and same qualification level as the higher education degree (the same field was not required in the former legislation).
• Lastly, the former legislation stated that the traineeship could last 12 months, while now only it can only last six months (except in Flanders where one can have an extension for six months).

• • Employers no longer need to pay a minimum salary to trainees but should ensure trainees have sufficient resources.
  • Eligibility requirements have been relaxed, allowing for a greater pool of talent to apply for these internships.
  • Trainees can also take part in these internships while they are still studying for a higher education degree, allowing them to further expose themselves to work opportunities in Belgium.

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.

• • Researchers can now remain in Belgium past the completion of their research in order to obtain a job which will allow Belgium to further retain highly-skilled talent.
  • Researchers can work as an employee with their search year permit but need to apply for a single permit once they find a suitable job.

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.

• • 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.
  • This might impact some companies’ research and development departments that are recognized research institutions.