From 1 October 2024,
the Brussels-Capital Region will introduce new legislation on work permits for
third-country nationals. We spoke to our business immigration expert about the expected
changes.
Since 2014, legislation on work permits has been regionalised in Belgium. While
Flanders and Wallonia adopted their own rules from 2018 and 2019, Brussels
continued to apply the old 1999 federal Royal Decree until now. From 1 October
2024, this will change with the introduction of its own regional legislation. A
revolution or a simple side effect? Our business immigration expert
Bernard Caris explains.
The fundamentals remain the same, the procedures will evolve
According to Bernard Caris, the general principle remains unchanged: to employ a person from a third country, a work permit is required. This principle applies to foreign workers from outside the European Economic Area (EEA), which includes the European Union, Switzerland, Liechtenstein, Norway and Iceland. These citizens do not need a permit to work in Belgium.
In Belgium, the legislation is now regionalised, meaning that each region (Flanders, Wallonia and Brussels) is free to set its own regulations. While Brussels was still using federal standards derived from a 1999 Royal Decree, the capital will adopt its own legislation from 1 October 2024. The aim of this change is to ‘harmonise the rules’ with those already in force in the country's other regions, ‘while simplifying certain procedures for employers,’ the lawyer at Younity explains.
Fast track and new exemption categories
According to the Brussels Regional Public Service, Economy and Employment, there is a whole series of verifications before you can get a work permit. Before 1 October 2024, one of the main changes concerns the labour market test exemption process. As a general rule, an employer must first prove that no labour force is available in Belgium or the EEA before hiring a third-country citizen. However, certain professions are subject to an accelerated procedure, which is called ‘fast track’. This procedure allows you to skip this test, making it easier to obtain a work permit.
Our business immigration expert explains that ‘the fast-track principle is simple: certain professions, such as highly skilled professions, do not have to pass the labour market test. If the applicant has a higher education degree and a salary above a certain threshold, the work permit is granted faster.’ This procedure will remain unchanged in the new legislation, but certain professional categories will be added or removed, depending on the needs of the Brussels labour market.
Moving towards simplified procedures
The new Brussels legislation aims to simplify certain procedures, especially with regard to exemptions. ‘For certain types of exemptions, a simple notification may suffice, where previously a full application was required,’ Bernard Caris adds. These categories will make it possible to reduce administrative formalities and speed up the process for specific profiles, facilitating their rapid integration into the Brussels labour market.
Although this reform is not a major revolution, it is an important step towards more coherent legislation at regional level. However, employers and self-employed workers will have to adapt to the new rules to comply with the law. ‘If companies do not adapt, a work permit may be withdrawn or refused if an application is pending,’ Bernard Caris concludes.
On 19 September, Bernard Caris gave a training session to BECI members on how business leaders can adapt to this new work permit legislation. At BECI, we are committed to keeping you up to date with the latest policies and regulations on human resources, legal and social issues. If you want to understand more about the changes and how to adapt as an entrepreneur, come to Avenue Louise 500.