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The Belgian government introduced changes to work permit regulations in the Brussels Capital Region.

Key Points:

• Effective Oct. 1, the government will change how minimum salary thresholds are calculated for certain work permits. Only the basic monthly remuneration will be considered, and the threshold will be based on a percentage of the average gross monthly salary in the Brussels Capital Region (EUR 4,604, or about US$5,075). For these specific categories, the gross amount per month required will be:
  • Highly skilled single permit: EUR 3,591.12 (78% of the average)
  • EU Blue Card: EUR 4,604 (100% of the average)
  • Intra-company transfer (manager): EUR 5,294.60 (115% of the average)
• Belgium’s new regulations also implement the new Blue Card Directive:
  • Foreign nationals with five years of professional experience in a relevant field may now qualify for an EU Blue Card; previously, all applicants required relevant academic experience.
  • Information and communication technology managers professionals with at least three years of relevant work experience in the last seven years are also now eligible for the EU Blue Card and do not require higher education qualifications.
• EU Blue Card holders will also be able to change employers within the first 12 months of employment.

Additional Information: As part of the changes, the government is changing the name of “work permit B” to either a “short-term work authorization” or a “long-term work authorization.” In addition, employers will no longer be required to send documents for an annual compliance notification if a work authorization is granted for more than one year. Unlimited work authorization will be granted for employees residing in Belgium for at least 30 months without interruption who can also provide proof of 30-month employment through a single permit or work authorization obtained in the Brussels Capital Region.

BAL Analysis: The work permit regulations will change on Oct. 1 and apply to non-European nationals working for an employer located in the Brussels Capital Region. Employers should be aware of and consider the increased thresholds in their business planning for calendar year 2025.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

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The Brussels, Walloon and Flemish regions have announced 2023 salary thresholds for third-country nationals working in Belgium. The new salary thresholds will take effect Jan. 1 and will be as follows:

ICT Salary Thresholds: The Intra Company Transfer (ICT) permit is expected to be available in January 2023. Certain gross annual salaries will be required to obtain this permit. They are:

Additional Information: Immigration applications that do not meet the minimum salary will be rejected. Benefits and allowances generally cannot be included in the minimum salary calculation.

BAL Analysis: Salary thresholds in Belgium are indexed annually. Companies should take note of the higher thresholds for 2023 and budget accordingly.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

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 IMPACT – MEDIUM

The Belgian government has announced that it will decrease its filing fees for certain application types.

Key Points:

• On May 26, filing fees decreased from €366 to €126 for Single Permit applications, including for researchers, intra-corporate transferees, and highly skilled workers, among others.
• Filing fees for those how have long-term residence in another EU member state are now €168.
• Filing fees for spouses and dependents of employment-based permit holders decreased from €209 to €181.
• A complete list of the fee changes is available here.

Additional Information: All non-exempt foreign nationals who intend to stay in Belgium for more than 90 days are required to pay a fee. More information regarding Belgium’s changes to its filing fees is available here.

BAL Analysis: Employers should take the new filing fees into account when adjusting their 2022 budgets.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

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 IMPACT – MEDIUM

The Belgian government has lifted its COVID-19 entry restrictions on nonessential travel from outside the EU.

Key Points:

• As of May 23, individuals who are traveling from outside the EU for nonessential purposes will be allowed to enter Belgium.
• Travelers from outside the EU will no longer be required to:
  • Test for COVID-19 on the first and seventh day of arrival.
  • Undergo a 10-day quarantine.
  • Complete the Passenger Locator Form.
  • Have a valid COVID-19 vaccination or recovery certificate.
• More information regarding Belgium’s COVID-19 entry requirements is available here.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

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Regional authorities in Brussels and Flanders have announced 2022 salary thresholds for third-country nationals working in Belgium. The new salary thresholds will take effect Jan. 1 and will be as follows:

Salary thresholds for Intra Company Transfer (ICT) permit holders will be as follows:

Additional Information: Immigration applications that do not meet the minimum salary will be rejected. Benefits and allowances generally cannot be included in the minimum salary calculation.

BAL Analysis: Salary thresholds in Belgium are indexed annually. Companies should take note of the higher thresholds for 2022 and budget accordingly.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

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IMPACT – MEDIUM

The Belgian government launched a new 12-month residence permit on Aug. 16 for recent graduates who are still seeking employment.

Key Points:

• Non-EU/EEA students who are studying in Belgium may apply if they:
  • Have studied in Belgium.
  • Hold a valid residence card with a status of “student.”
  • Have obtained a bachelor, master or doctorate degree at a Belgian institution of higher education in the past academic year.
• Non-EU/EEA students who stayed in Belgium may apply if they:
  • Stayed in Belgium on a Student Mobility Program.
  • Obtained a Belgian or foreign degree in the past academic year.
• Qualifying individuals must submit their application:
  • At the latest 15 days before the expiration of their student residence permit if they obtained their degree in Belgium. The application must be submitted at the local town hall in Belgium.
  • Within three months after graduation if the student obtained the degree in another EU member state but completed part of their studies in Belgium within the framework of a Student Mobility Program. The application must be submitted at the Belgian diplomatic post in the country of residence.

Additional Information: EU/EEA students, including Swiss students and U.K. students with M-cards, do not need to apply for a search year permit; they have unlimited access to the Belgian labor market. Individuals can submit their search permit applications here. More information regarding the permit can be found on this website.

BAL Analysis: The Belgian government created the permit to give foreign nationals additional time to find employment in the country as part of the EU Students and Researchers Directive.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

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IMPACT – MEDIUM

Regional authorities have announced 2021 salary thresholds for third-country nationals working in Belgium. The new salary thresholds will take effect Jan. 1 and will be as follows:

ICT Salary Thresholds: The Intra Company Transfer (ICT) permit is expected to be available in January 2021. Certain gross annual salaries will be required to obtain this permit. They are:

Analysis & Comments: Salary thresholds in Belgium are indexed annually. Companies should take note of the higher thresholds and budget accordingly.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

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IMPACT – HIGH

The Belgian government recently announced new travel, visa and permit restrictions to mitigate the spread of COVID-19.

Key Points:

• Third-country nationals cannot enter the country if they are traveling from places that are not within the Schengen Area.
• This restriction does not apply to the following: visa D holders, long-term residents such as single permit holders, foreigners performing essential work such as medical care or research and foreigners with urgent travel needs because of important family situations.
• These restrictions also apply at internal borders to reduce intra-Schengen travel.
• Travelers should note that it is not possible to have new visa applications accepted at this time, and that great delays may be expected for pending visa applications.
• Many consular facilities have closed temporarily.
• It is still possible to submit work and single permit applications in all regions via email.
• Pending applications, including renewals, are also being processed though there may be some delays.
• Because of local town hall closures, residence card renewals are experiencing delays.
• Foreign visitors who are only visiting Belgium for brief periods, who also are unable to leave the country because of situations like quarantine or flight cancellations, are required to extend their visas in the event of an overstay.
• Visa-exempt nationals under the same conditions are also required to request an exceptional extension of their stay.
• Business visitors in the country under the same conditions, who need to stay longer for work reasons, are required to apply for a work permit.
• Short-term workers in the country under the same conditions, who need to stay longer for work reasons, are required to apply a work authorization extension.

Analysis & Comments: The new travel, visa and permit restrictions will impact the movement of people to and from Belgium. Employers should account for affected travelers and rearrange travel schedules accordingly. Significant delays may occur for consular and in-country processing.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

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IMPACT – MEDIUM

What is the change? The Belgian government has moved to reform the single permit application process, making changes that are expected to significantly improve processing times.

The reforms include adding more staff, streamlining internal processes, developing a more efficient online platform and allowing single permit applicants to begin work once regional authorities have approved their permit.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Single permits (work and residence permits).
• Who is affected: Employers and non-EU nationals applying to work and reside in Belgium.
• Impact on processing: The measures should help reduce processing times to somewhere around six to eight weeks.

Business impact: The changes will, in some cases, allow employees to start working sooner.

Background: The single permit system was introduced last year, and has been plagued with slow processing times that negatively impacted business and HR planning. The Ministry of Immigration recently announced a number reforms to the single permit process, including:

• Adding 20 additional staff members at the federal level.
• Changing internal procedures to streamline single permit processing at the federal level.
• Developing a single online platform that will connect immigration providers with both federal and regional authorities.
• Allowing single permit holders to start or continue employment upon approval of regional authorities. This change applies to first-time applicants, renewal applicants and those who are applying for a permit after switching employers. First-time applicants will still need to obtain approval from federal authorities, but will be able to begin work upon approval from local authorities.

Analysis & Comments: Deloitte joined other employers and business organizations in pushing for changes to the single permit process, and the recently announced reforms are in line with Deloitte’s recommendations. The changes should improve processing times and allow employees to begin working sooner. Deloitte will continue to follow the implementation of these reforms and will provide additional information as it becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

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IMPACT – MEDIUM

What is the change? Belgian immigration authorities have announced 2020 salary thresholds for high-skilled or executive work permit holders and for EU Blue Card holders in Flanders and Wallonia.

What does the change mean? Authorities in Flanders and Wallonia have announced the new thresholds, which will take effect for permits issued on or after Jan. 1:

Background: Brussels announced 2020 salary thresholds last month. More information is available here.

Analysis & Comments: Salary thresholds in Belgium are announced regionally. In Brussels and Wallonia, salary thresholds are indexed annually and minimum salaries will increase in the coming year by over 2 percent. In Flanders, the minimum salary requirements are based on the average gross salary calculated by StatBel.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.