There are changes in the immigration rules for foreign workers interested in immigrating to Belgium from 1 May 2024. The employers willing to recruit foreign workers from non-EU countries will be able to complete the process faster and with relaxation in rules.
According to the latest developments, Belgium imposes in the Flanders region, the rules relating to certain combined permit applications. If the foreign workers are recruited from the shortage occupations list, the process can be completed more quickly. The relaxations are mostly for highly qualified jobs and to some extent for skilled occupations as well. Tougher rules for medium-skilled workers and eased rules for EU Blue cards have been announced.
Tougher Rules for hiring skilled workers
The possibility of immediately hiring medium-skilled workers is only possible if the position appears in a ministerial decree which is published every two years. The combined permit for medium-skilled professions is granted if you hire a worker under an employment contract and with an occupation percentage of at least 80%.
The employer must also advertise the vacancy for nine weeks or three weeks if it is seasonal work in 4 months before hiring the foreign workers (proof of job advertised on EURES and VDAB websites). Employers must also check the work experiences and qualifications of foreign medium-skilled workers and present the proof to the relevant authorities. After stricter checks on the application, the combined work visa permission can be granted. The acceptable jobs for this visa category are only VDAB shortage occupations.
What is the Shortage Occupation list in Flanders?
The shortage occupations list in Flanders consists of recognized jobs that have a shortage of manpower in the region. After every 2 years, this list is published in the ministerial order. Currently, this list includes 29 occupations and it was published back on 1 September 2023.
Work Visa exemption for certain categories
For some specific activities in Belgium, the work visa requirement will be abolished. Instead, these can be performed under the business visitor visa category. The activities include attending conferences, inviting sessions, business activities, conducting or attending training sessions, customer audits, and exploration of business opportunities.
Higher salary threshold requirements for Highly Qualified Workers
Highly qualified professionals, if they meet certain educational requirements and also receive a job offer that has an annual salary of at least 46,632 Euros gross can apply. For highly qualified workers aged under 30, this amount is 37,305.60 Euros.
Occupation rules as a flexi-job worker
Foreign workers who have a combined permit can also work for another employer in flexi-job from May 1, 2024, under the same conditions as other flexi-job workers. The flexi-job employer must apply for a combined permit for this purpose. On the other hand, highly qualified workers may also work additionally as lecturers or researchers. In this case, the second employer does not need to apply for a combined permit.
Salary relaxation for hiring teachers
For requests submitted from May 1, 2024, such as nurses and highly qualified workers, the teachers’ category is also eligible for the salary threshold relation of 20%. This means teachers can now be recruited if they are offered a job with a salary of 80% (€37,305.60 taxable annual salary) of the average Belgian gross annual salary to be considered for a combined work visa.
Change of Employer in Belgium made it easier
From 1 May 2024, seasonal workers and EU Blue card holders can more easily change employers. The new employer does not have to submit a new application for a combined permit. Notification to the Economic Migration Service is sufficient. They can then employ the worker for the remaining period of the initial combined permit.
New Regulations for Belgian Employers
The authorities intend to prevent cases of fraud. The objective is also in fact to effectively put foreign workers to work in Belgium and it is therefore necessary to have sufficient financial means to hire them. To remain eligible to hire foreign workers, the employers in Belgium will have to fulfill additional requirements such as:
- they must be able to justify hiring foreign workers. This means that the Flemish authorities can refuse a combined license if they are not sufficiently solvent or if they have social or tax debts.
- the combined permit can even be systematically refused to companies that were established less than three years ago or that do not employ workers.
- The authorities can also refuse any new requests for one year if, as an employer, they have mentioned incorrect or falsified data in a request.
New Rules for EU Blue Card
From 1 May 2024, the requirements of the Salary threshold for the EU Blue Card have been increasing to 130% of the average gross annual salary in Belgium. This means the new gross salary required will be 60,622 Euros per year. The applications submitted before 1 May 2024, the minimum amount remains equal to 120% of the average gross annual salary, or 55,958 Euros.
Professionals who have three years of IT work experience during the last 7 years at administrative and managerial levels can also apply for the EU Blue card without having a recognized university degree.
Other Benefits for the EU Blue Card Holders in Belgium
There are also other beneficial aspects for the EU Blue Card holders in Belgium such as:
- they can change employers after one year of employment without reporting it to the authorities.
- they from another Member State of the European Union can also come to work in Belgium after working for twelve months as part of long-term mobility.
- they can stay up to 180 days in Belgium after the end of their employment contract to look for a new employer.
Summary of Shortage Occupations List of Flanders Region
The shortage occupation list of the Flanders region consists of 29 occupations altogether:
| Vehicle and machine drivers | Vehicle and machine maintenance | Installation, assembly and maintenance of electrical, electronic, and plumbing installations | Food | Care | Installation, assembly, and maintenance of electrical, electronic, and plumbing installations |
| Truck driver licence C, C1, CE, C1E, Coach driver licence, D, D1, DE, D1E, Construction site machinery driver, Drill and pile driver | Maintenance Mechanic, Maintenance mechanic for heavy industrial vehicles, Vehicle technician for passenger cars and light industrial vehicles, Technician for construction, farming, and lifting-machinery | Rigger/Assembly technician electrical- and electronic-product technician, CNC machine-tool installation and service technicianFormwork ironworkerBricklayerFloor tiler / Installer of wall and floor coveringsConstruction calculatorQuality controller mechanical and metal structures | Butcher, Baker, and/or patissier | Patient care assistant, Caregiver | Rigger/Assembly technician electrical- and electronic-product technician, CNC machine-tool installation and service technician, Formwork ironworker, BricklayerFloor tiler / Installer of wall and floor coverings, Construction calculator, Quality controller mechanical and metal structures |