Belgium announces major changes to immigration policy for foreign workers, effective May 1
Come May 1, 2024, the Flanders Region in Belgium is set to roll out significant changes to its immigration policy, particularly concerning foreign workers. Under these changes, priority will be given to Belgian and European employees, with the entry of foreign nationals into the workforce being allowed only after careful consideration of local and regional labor markets.
The revamped policies aim to uphold the government's concentric model of labor migration. Important adjustments include expansions to work permit exemptions, restrictions on the Shortage Occupation and Labor Market testing frameworks, and relaxed educational qualification requirements for EU Blue Card holders and intra-company transferees.
One key aspect of the changes involves the broadening of work permit exemptions. This will allow various business activities, such as participation in conferences, negotiation of business agreements, and involvement in tourism-related activities, under a business visitor status, without the need for a work permit. However, employers must monitor the duration of their employees' stay in Belgium, ensuring compliance with the stipulated rule of not exceeding 90 days within any 180-day period.
The government will allow the following activities under a business visitor status, which currently needs a work permit:
- Participation in conferences, seminars, business meetings, trade fairs, and exhibitions
- Negotiation of business agreements
- Involvement in sales, marketing, internal, and customer audits
- Exploration of business opportunities
- Attendance or conduct of training sessions
- Activities related to tourism
- Translation and interpretation services
Employers who want to hire individuals for medium-skilled shortage occupations must now provide documentation of the applicants' skills, experience, and qualifications, which will be assessed by the Regional Employment Ministry. This additional requirement is expected to prolong the internal administrative process.
The labor market test process will also see stricter rules, with job vacancies now required to be published for a minimum of nine weeks within the four months preceding the application. Job postings must appear on both the EURES and VDAB websites. The government will only accept labor market test applications for jobs listed as shortage occupations by VDAB, potentially limiting job opportunities for foreign workers.
Techies waiting for an EU Blue Card
In the IT sector, EU Blue Card applicants with managerial or specialist roles can substitute academic credentials with at least three years of relevant professional experience gained within the past seven years. This change aims to address the IT labor shortage in Belgium.
EU Blue Card holders will also find it easier to change employers, with notification to the Regional Employment Ministry sufficient within the first 12 months. After this period, changing employers becomes even simpler, with no immigration formalities required, provided minimum salary criteria are met.
The salary requirement for obtaining an EU Blue Card has been increased to 130% of the average income, equating to an annual taxable salary of EUR 60,621 for 2024.
These modifications, along with minor adjustments such as streamlining the hiring of seasonal workers and updating medium-skilled shortage occupation lists more regularly, aim to streamline the immigration process while ensuring the effective utilization of the labor force in the Flanders Region of Belgium.
