On 8 February 2021, the Flemish Government Decree was published in the Belgian Gazette (amending the Decree of 7 December 2018 implementing the Act of 30 April 1999 on the employment of foreign workers). The new rules will enter into force on 1 March 2021.
The amendments to the current Decree can generally be welcomed as they are simplifying the migration policy for the employment of third country nationals in the Flemish Region. PwC Legal summarises the most important changes for you.
1. Work permit granted for 90 days within 180 days
The work permit for short-term employment will be granted for 90 days within 180 days. This is a big improvement in comparison to the current situation where the work permit is (was) only granted for max. 90 consecutive days. This means that the duration of the work permit is aligned with the visa C (or the passport for visa exempt nationalities). PwC Legal strived for this change with the regional authorities and we are happy that the Flemish Region has followed our recommendations.
2. More possibilities to teach in a higher-education institution
Employees of certain categories are allowed, next to their main employment activities, to teach at an institution for higher education as an international docent. These categories are:
a. highly qualified employees;
b. managerial employees;
c. European blue card holders and;
d. researchers.
3. Abolishment of the obligation to file the application from abroad for bottleneck professions
Employers who are looking to hire a third country national for a ‘bottleneck’ job can file the single permit application when the third country national is legally residing in Belgium. Before, the application had to be filed from abroad.
Furthermore, when examining the renewal application, for employees who came to Belgium on a labour market test or in connection with one of the bottleneck professions, there will be no test if the conditions are still fulfilled.
4. Clarification on the Vander Elst exemption and other work permit exemptions
Following the European Court of Justice decision clarifying the Vander Elst exemption, the article was modified. Temporary employment agencies can now also send foreign workers to Belgium without a work permit.
As regards the current exemption for foreign workers receiving training in a group company for maximum 3 months, it is now additionally provided that they also may give the training.
Furthermore, a new work permit exemption is allowed for researchers or international docents at a recognised research institution in Belgium provided that their stay will not exceed 3 months within 180 days.
5. Information to be provided to the regional authorities in the case of significant changes in employment conditions
In the case of significant changes in employment conditions, such as a change of the function or salary conditions, the employer must inform the Flemish Region. If a new application for a single permit is required, the Flemish Region will inform the employer within 15 days. Before, the legislation mentioned that a new application was required in the case of significant changes in employment conditions.
6. No longer the possibility for change of status
Change of status when the person already resides in Belgium is only possible for students and researchers, and no longer for people who reside in Belgium on the basis of another type of residency. This change follows the changes made to the Aliens Act earlier in 2020 (Act of 15 December 1980 governing the stay, residence and deportation of foreigners). This means that someone who is currently residing in Belgium on the basis of family reunification could not apply for a single permit if he/she wishes to have his/her own residency status in Belgium as such change of status is only possible for students and researchers. According to the explanatory memorandum to the Act, this rule is introduced to avoid abuse. We will however continue to strive to reinstate this possibility as we see this as a step back.
If you have any questions or would like to have more information, do not hesitate to contact us.
