Further Guidance on Single Permits Issued

The situation

The Belgian government has published legislation on the Single Permit scheme, clarifying details on access to the labor market for foreign nationals who have a resident status in Belgium which is not primarily linked to employment, including dependents and students.

Dependents

• Access to labour market. Under the legislation, foreign dependents of Single Permit holders will have unlimited access to the labour market, and will not be tied to a specific employer, based on their dependent status.
  • Proof of work authorization. Eligible dependents will automatically be work authorized once they have obtained their dependent permit or received confirmation of in-country filing of their dependent permit.  
  • Current restrictions. Currently, dependents of individuals with a temporary status – for example, based on a work permit, professional card or EU Blue Card – require additional work authorization, and their employment is tied to a particular position or employer. Dependents of individuals with a long-term status already enjoyed automatic work authorization.

Students

• Access to labour market. Under the legislation, eligible students will automatically be able to work based on their student status.
  • Current restrictions. At this time, students require additional work authorization for work outside of school holidays.
  • No change to hours worked. As before, students can work up to a maximum of 20 hours per week or full-time during school holidays.

Impact

Since eligible dependents and students will not have to apply for additional work authorization, they will be able to start work much faster.

The administrative burden for employers will significantly decrease, since they no longer have to apply for a work permit before employing a dependent or student. 

Background

The Single Permit will allow foreign nationals to apply for a combined work and residence authorization document through a single application. Enabling a single permit application is a prerequisite for implementing the EU ICT Permit and the Students & Researchers Directive.

Looking ahead

Federal and regional authorities in Belgium are currently working on draft legislation implementing the Single Permit. All parties are still aiming to implement Single Permits in November 2018.

The legislation that was just released will become effective once Single Permits have been implemented.

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].