Single permit in Belgium: new rules for non-EU workers
In Belgium, non-EU nationals wishing to work for more than 90 days must obtain a single permit through their employer. For certain categories, an examination of the labor market is necessary to check whether a suitable worker can be found locally within a reasonable time.
Major changes in 2024
Since May 1, 2024, significant changes have been introduced to the rules governing work permits and single permits, with specific features for each Region: Flanders, Brussels, and Wallonia.
- Flanders: job classification
In Flanders, worker profiles are classified into four groups to clarify licensing conditions:
- Highly-skilled profiles: These workers (with a higher education or university degree of at least 3 years or qualification level 5) must reach a specific salary threshold (2024 = €50,310 (= €3,614.22/gross/month). This amount is reduced to 80% (i.e. 40248 euros) of this amount when the worker
- has an employment contract with an employer established in Belgium (and is therefore NOT seconded);
- and is also under 30 or works as a nurse.
➡️ Employers don’t need to prove the absence of local candidates.
- Medium-skilled profiles: For occupations in short supply of medium-skilled workers (29 occupations). Employers must provide a detailed description without having to prove the absence of local candidates.
- VDAB list of critical professions: Includes 241 professions. Conditions include
- a level of qualification a minimum level of qualification, more specifically a level 2, 3 or 4 qualification; (respectively: primary school level – secondary school level – adult secondary school level).
- publication of the job offer on the VDAB and EURES platforms for at least 9 weeks, with support from the VDAB and justification of the impossibility of finding a candidate.
- Minimum 80% occupancy
- Other vacancies : No labor shortages are recognized, and occupancy permits for these functions will be refused.
Other important changes :
- More stringent checks when applying for a work permit: All companies are now subject to stricter checks on their solvency and activity.
- Flexi-jobs for foreign workers: Foreign workers with a single permit can now take up an additional flexi-job without needing an employment permit.
- Blue Card: Holders may change employer after 12 months without reapplying for a Blue Card, subject to certain conditions.
2. Brussels: new regulations from October 2024
In Brussels, the reform of work permits came into force on October 1, 2024.
The main changes include :
- For shortage positions published on Actiris, an additional job market analysis will no longer be necessary.
While waiting for this list and/or for other “out of category” functions, a 5-week search on the job market (publication of an advert on the ACTIRIS website with ACTIRIS support) must be demonstrated.
- Simplification of salary calculation: From October 1, 2024, salary thresholds for specific categories of occupation (e.g. highly-skilled workers) will be calculated on the basis of a percentage of the average gross monthly salary in the Brussels-Capital Region. (= 80% of salary)
- End of single permit requirement for company directors ➡️ replaced by exemption (if director’s function + minimum director’s remuneration= 6647.20 euros from 1/1/2025)
- End of work permit B: This permit will now be replaced by short- or long-term work permits. The procedure for au pairs remains the same, however.
- No longer required to send in documents for annual checks: Employers will no longer be required to send in documents for annual checks on work permits valid for more than one year. This will be done automatically. However, the authorities may request additional information if necessary.
- Unlimited work permit after 30 months’ residence and work in Brussels: The employee must have resided for at least 30 months without interruption in the Brussels Region and have obtained work permits from the Brussels Region during these 30 months to obtain an unlimited work permit.
- In other cases, he must have worked for 4 years.
- Renewal of the single permit :
- renewal applications must be submitted no later than two months before the expiry of the current occupancy permit. If submitted tardive ➡️ inadmissible! (except in exceptional circumstances to be assessed by the handling agent)
- Renewal = if same employer and same position. If change ➡️ new application to be submitted
- Additional appendices : Additional documents will be requested for certain categories, such as a job description and company organization chart.
- Transposition of the new Blue Card Directive: The regulations will incorporate new provisions concerning the Blue Card, making it easier to change employer.
✅ Access to the Blue Card to a new category that meets the following conditions (in addition to the minimum wage imposed):
👉🏻 Expérience relevant professional experience at a level comparable to that of a diploma for the position to be filled
🏻 For ≥ 3 of the 7 years preceding the request
🏻 Function category-only for :
- Manager in the information and communications technology sector OR
- Information and Communications Technology Specialist
3. Wallonia: recent changes
In Wallonia, major changes have also been made to work permit regulations.
Key points include :
- Changes to the general category: employers can apply for a single permit for all third-country nationals, even if there is no bilateral agreement.
If the job is on the list of occupations in short supply, and the conditions for granting it are met, the labor market survey is no longer carried out.
- For functions in short supply :
👉🏻 Soit the job is on the shortage list: no labor market review
👉🏻 Soit FOREM attests to the impossibility of meeting an offer: Access to the job market published for at least 5 weeks.
The announcement is also published automatically via EURES – article 2, §2, 2° a); article 2 §3
👉🏻 Soit unsuccessful search for a candidate via FOREM’s active management system – article 2, §2, 2° b)
👉🏻 Soit unsuccessful search for a candidate via preselection by FOREM – article 2, §2, 2° c)
👉🏻 Soit assessment by the delegated official on the basis of information provided by the applicant – article 2, §4
The Minister of Employment retains the power to waive this provision, notably in the event of appeals against refusal.
- For highly qualified profiles: proof of at least 3 years’ higher education can be replaced by :
1️) a higher education diploma ✚
2) for the function manager in the field of information and communication technologies or a specialist in the field of information and communication technologies ✚
3) provided you can prove at least 3 years of relevant professional experience in the 7 years preceding the work permit application.
- Salary for highly qualified profiles under 30: reduced rate of 80%, i.e.
- Cross-cutting changes: Mandatory clauses must be added to employment contracts, and remuneration must be determined prior to employment.
- Changes linked to special categories: Work permits can be issued for a maximum of three years from the first grant for certain special categories.
- General changes: Highly-skilled persons wishing to obtain a Blue Card can now apply for admission to work under a single permit application. Seasonal workers can also obtain a single permit.
Conclusion
These changes are designed to better adapt work permit rules to the realities of the Belgian labor market. They also facilitate the process for employers and foreign workers, while meeting the specific needs of each Region.
If you have any questions or require assistance with these new rules, please do not hesitate to contact our immigration law firm. Follow us on our social networks to keep up to date with the latest updates on immigration law!
Article co-written by Anne-Sophie Palsterman, Emerence Bodart and Emmanuelle Halabi