November 6th, 2024 at 05:48 am

Belgium Revises Work Permit Regulations for Non-EU Nationals

Non-European nationals are affected by new regulations for professional cards and work licenses that have been implemented by Belgium’s Brussels Capital Region. To give foreign workers greater flexibility and streamline procedures, important changes include rebranding work permits, introducing unlimited authorizations, and modifying requirements for the European Blue Card.

Significant adjustments have been made to professional cards and work authorizations for non-European nationals in Belgium’s Brussels Capital Region. These improvements, which go into effect in October 2024, are intended to make the work permission process easier and provide foreign workers in the area with more options.

Important Modifications to Belgium’s Work Permit Regulation

Renaming some licenses, extending their validity, and granting qualified foreign workers limitless work authorization are only a few of the significant changes brought about by the revised regulations. Below is a summary of the main changes:

1. Renaming of Work Permit B

The classification of Work Permit B will henceforth be either Long-Term Work Authorization or Short-Term Work Authorization:

• Delivery of Documents: The employer will receive the work authorization directly and is in charge of providing it to the employee to expedite the visa application procedure, if necessary.
• Procedure for Au Pairs: The rules governing au pairs will not change, guaranteeing that young people traveling to Belgium for cultural exchange can continue on the same terms.

Note: An au pair is a young person who is temporarily housed by a family to help with light tasks, enhancing their cultural awareness and language abilities. The host family must apply for job authorization, and the au pair must have a valid work permit in order to work in Belgium.

2. Long-Term Work Authorizations’ Extended Validity

There will now be an automated annual renewal procedure for work authorizations that are longer than a year. Employers no longer need to submit yearly documentation thanks to the automatic check. Authorities do, however, retain the authority to ask for more details if necessary.

3. Implementation of Infinite Work Permits

The Brussels Capital Region now allows foreign workers who have been there for 30 months to seek unlimited work authorization:

• Eligibility requirements include having lived in Belgium for a minimum of 30 consecutive months and presenting a valid single permit or work authorization as evidence of 30 months of employment.
• Special Cases: After four years of residency, workers having time-limited authorizations from other Belgian areas are eligible for unlimited authorization.

4. Improvements to the Blue Card

The EU Blue Card’s new rules simplify job transfers and modify the qualifications needed for particular industries:

• Employer Flexibility: Changing employers in Brussels will be simpler for Blue Card users.
• Qualifications Update: Professionals in information and communications technology (ICT) who can show relevant work experience are exempt from the requirement to hold a higher degree.

5. Authorization for Temporary Work for Short-Term Stays

• A Short-Term Work Authorization is available to foreign workers who will be in the country for fewer than 90 days out of 180 days.
• Cross-border employees or those working remotely for a firm based in Brussels are eligible for short-term work authorization, which allows for a maximum stay of 90 days.

6. Long-Term Work Permission for Prolonged Visits

A Long-Term Work Authorization is necessary for international employees who telecommute or commute across borders for extended periods.

• Validity: Depending on the terms of the job contract, this authorization may be extended for a maximum of three years.
• Eligible Workers: Researchers, intra-group transferees, highly qualified professionals, and holders of European Blue Cards are all eligible.

7. Requirements for Single Permits Stay the Same

For foreign nationals who intend to reside and work in Belgium for more than ninety days, the Single Permit procedure is still necessary. With this permit, residency, and employment permission are combined into a single, simplified application.

8. Revised Pay Ranges for Particular Professions

Brussels has changed the wage requirements for some roles as of January 1, 2024:

• Basis of Calculation: The thresholds are based on a percentage of the current €4,604 average gross monthly pay in the Brussels Capital Region.
• Future Update: Starting January 1, 2025, the average gross monthly pay will rise to €4,748, which will have an impact on several fields’ minimum salary needs.

Final Thoughts

In conclusion, international workers now have more flexibility and quicker procedures thanks to the revised work permission regulations in Brussels. The amendments facilitate employment in the region for non-European nationalities by offering both short- and long-term permission alternatives.