As of 1 February 2024, updated rules regarding the employment of non-EU citizens have been in force in the Brussels-Capital Region. These changes were further clarified by the decree of 16 May 2024 and concern the procedure for obtaining work permits for foreign professionals. The new rules aim to streamline processes and include a number of innovations affecting both citizens staying in the region for less than 90 days and those staying for longer.
The focus is on refusal of applications, a new approach to permit exemptions and the conditions for issuing permits. This simplifies the employment process and provides greater transparency for all parties.
Permission denied and new exceptions
The new employment rules for immigrants in Belgium set out the grounds for refusing applications for work permits. If the application is incomplete, incorrectly completed or does not fall under the jurisdiction of Brussels, it will be rejected. The status of the worker is also important: he must have a valid right of residence.
Exceptions to the requirement to submit permits include workers on assignment in Belgium for up to 90 days and those participating in specialist projects or scientific conferences. A new exemption category has been created for executives and directors, who can now work without having to obtain a separate permit.
The changes also apply to people staying in the country for more than 90 days. In such cases, they must apply for residence through the Working platform in Belgium, unless they fall under special exceptions. For posted employees who already have legal residence in another EEA country and are temporarily working in Belgium, the rules are even simpler. They do not have to apply for a permit even if they stay for more than 90 days.
Conditions for issuing work permits
The changes also affected the conditions for issuing work permits. One of the key innovations is the requirement to publish a vacancy on the Actiris website for the “residual category” of workers (those who do not fall under the special conditions) within five weeks. This ensures that there are no suitable candidates on the local labor market, and employers can attract foreigners. Exceptions to this rule apply to narrow specialties, such as highly qualified specialists, visiting professors and technical specialists.
Key changes include:
- Clear grounds for refusal of work permit applications.
- Exemptions from permits for short-term business trips (less than 90 days).
- Introduction of a new category of exemptions for executives and directors.
- Working platform in Belgium for residence applications.
- Relaxed rules for business travellers with legal status in other EEA countries.
These measures are aimed at simplifying the employment process and reducing the bureaucratic burden for foreign workers and their employers. However, employers are still required to prove that their employees fall under certain exceptions, for example in the case of an inspection visit.
The salary requirements for obtaining a permit have also changed: now only the basic salary is taken into account, without bonuses and holiday pay, which simplifies the calculation of the minimum income level for skilled workers and Blue Card holders.
Elimination of the annual audit requirement
As of 1 October 2024, the obligation to submit annual wage data for multi-year permits will be abolished. Previously, employers had to prove that wages met the established minimum standards. Now, the administration will independently carry out such checks based on the information provided during DIMONA (social security system) registrations. This change significantly reduces the administrative burden on employers by relieving them of the need to submit additional reports, while ensuring that all wage requirements are met.
of immigrants in Belgium, which will come into force in October 2024, will therefore simplify and make it more transparent to apply for work permits. They will also allow employers and employees to better adapt to the new working conditions in the Brussels-Capital Region. This will increase the competitiveness of the region by attracting more highly qualified specialists and simplifying processes for all participants in the labour market.
