Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? Belgium has implemented the EU’s posted workers enforcement directive, imposing new requirements on companies sending workers to Belgium for temporary assignments.
What does the change mean? Companies will be required to keep certain documents available for inspection in Belgium, including copies of employment contracts, overviews of employees’ working hours and proof of salary payment. The documents must be translated into Dutch, English, French or German, if requested by the authorities, and must be kept for at least one year after the assignment ends. The foreign company must also appoint a representative in Belgium who is available to provide documents to authorities for inspection upon request.
Background: Belgium has for years required “a Limosa declaration” for most posted workers. Under Belgium’s new rules, employers posting workers to Belgium will have to continue to file the Limosa declaration and must also be prepared to make certain documents available for inspection upon request. Limosa declarations can be filed online before the first day of the employee’s assignment in Belgium.
BAL Analysis: Affected companies should make sure they follow Belgium’s new secondment procedures and documentation requirements. Penalties for noncompliance include fines of between €400 and €4,000 in cases involving a criminal prosecution and between €200 and €2,000 in cases where administrative penalties are administered.
This alert has been provided by the BAL Global Practice group and our network provider located in Belgium. For additional information, please contact your BAL attorney.
Copyright © 2017 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.
What is the change? Belgium recently announced changes coming into effect in the near future that will affect foreign residents.
What does the change mean? A law requiring foreign resident applicants to undertake social integration efforts and sign a “newcomers statement” has been delayed from Jan. 26 to Feb. 18, an existing “administrative cost” levy on foreign residents will increase from the current amount, and a new law authorizes municipalities to charge a similar type of levy on foreign residents renewing or extending their permits.
Background: A law requiring foreigners staying in Belgium for longer than three months to sign a “newcomers statement” and submit to an audit of their efforts to integrate into Belgian society was originally passed with an implementation date of Jan. 26. The effective date has now been delayed until Feb. 18. The integration obligation will be imposed on all residence applications filed on and after Feb. 18. The “newcomers statement” text has not been confirmed, but is expected in coming weeks and months. Implementing guidelines are also expected to clarify whether the requirements apply only to first-time applicants or also to renewal applicants.
The Belgian government has decided to increase a mandatory levy on foreigners who are first-time residency applicants to €350 for work-permit holders (from the current levy of €215) and to €200 for their family members (from the current levy of €160). Several categories are exempt, including EEA and Swiss nationals and their family members. The increase has not yet taken effect, but is expected in coming weeks.
A new law that took effect Monday authorizes municipalities to charge a similar levy on foreign residents applying to renew or extend their permits to cover the administrative costs borne by municipalities in adjudicating and issuing the permits. The law is expected to be implemented shortly – a decree will confirm which types of permits are covered and how much the levy will be. (It is not expected to exceed €50.)
BAL Analysis: Affected foreign nationals should budget for the new levies and anticipate new requirements of fulfilling integration efforts.
What is the change? The Belgian government has published a new law that requires non-EU nationals who stay in Belgium for more than three months to sign a “newcomers statement” and undergo an audit to prove their integration into Belgian society.
What does the change mean? The law also gives the Foreigners’ Office authority to terminate the right to reside if it finds that a foreigner has not made “reasonable efforts” to integrate.
Background: Non-EU migrants applying for residence will be required to sign a newcomers statement as part of their application indicating that they understand the fundamental values and standards of society and that they will act in accordance with those values. They will also be informed that they must submit proof in the future of their integration into Belgian society.
Several categories of foreigners are exempt, including EU/EEA nationals and their family members, students, long-term residents, minors, refugees, victims of trafficking, and foreigners who are seriously ill.
Applicants who refuse to sign the newcomers statement will not be able to submit their residence application, and a foreigner’s right to reside may be revoked for failing to make a “reasonable effort” to integrate. Foreigners who hold a limited-term residence based on the duration of their work permit must prove their willingness to integrate within the initial term of their residence permit or risk denial of renewal of their permit.
Authorities will have discretion to assess foreigners’ integration efforts, taking into account factors such as attendance at an integration course, work in Belgium, study or enrollment in a recognized educational establishment, vocational training, language skills in the language of the place where the foreigner is registered, participation in community life and criminal record. To terminate the right to reside, authorities must consider the nature and strength of the foreigner’s family ties, duration of residence in Belgium and the existence of ties to the country of origin.
BAL Analysis: The Belgian integration requirements for non-European migrants follow similar rules by other EU countries including Italy and France. Foreign employees in Belgium should be aware of the newcomers statement and integration audits as they apply to themselves and their family members.
What is the change? Salary thresholds for highly skilled foreign employees, executive-level personnel and EU Blue Card holders will increase Jan. 1.
What does the change mean? The 2017 gross annual salary minimums for B permits are €40,124 for highly skilled employees and €66,942 for executive-level personnel. The new salary minimum for EU Blue Cards is €51,882.
Background: The 2017 salary thresholds are approximately 0.75 percent higher than the 2016 rates (€39,824 for highly skilled employees, €66,441 for executive-level managers, €51,494 for EU Blue Card holders).
Only money that employees are guaranteed to receive can be taken into account when considering salary minimums. Discretionary bonuses and cost-of-living allowances cannot be taken into account, though some in-kind benefits can be, depending on the precise circumstances.
The salary minimums apply throughout Belgium, no matter whether the work permits is processed in Flanders, Brussels or Wallonia.
BAL Analysis: Employers should follow the new salary requirements for foreign workers in 2017. Applications that do not meet the salary thresholds will be rejected.
Copyright © 2016 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.
What is the change? A bill has been introduced in the Belgian Parliament that would allow municipal governments to charge foreign nationals an administrative fee when renewing, extending or replacing their work and resident permits. The fees would be in addition to existing processing fees for renewal, extension or replacement applications.
What does the change mean? If adopted, the additional governmental administrative fees will likely raise the costs for companies sponsoring non-EEA employees and their family members when renewing their permits.
Background: In March 2015, the Belgian federal government introduced a mandatory fee on foreigners who apply for first-time resident permits in order to cover administrative costs. The pending legislative bill would allow municipal governments to charge their own fees to cover their administrative costs of processing renewals, extensions or replacement applications of some resident permits.
BAL Analysis: Businesses should anticipate that the proposed changes represent an increase in the administrative costs for non-EEA/Swiss nationals and their family members. BAL will report additional details on the legislation as they become available.
When traveling to Belgium, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Belgium, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Please note that permissible business activities have specific restrictions depending on the activity performed. Please consult your immigration counsel for an individual assessment prior to travel.
Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Belgium.
Belgium is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen C Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Belgium and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Belgian law. This list is not exhaustive, and many other professional activities are considered work in Belgium, even if conducted for a short duration.
In limited circumstances, foreign nationals may engage in specialized professional activities under various exemptions for a limited period without obtaining work authorization, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.
The requirements for a work permit depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Belgium. The most common Belgian work permits are:
Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain a work permit in order to work in Belgium. However, registrations or other formalities may be required prior to working or residing in Belgium.
Additional work permit exemptions are available in Belgium under Vander Elst rules. In these cases, a legal assessment to determine the possibilities for work permit exemptions should be obtained prior to traveling.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Belgium.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Belgium has extended the processing time for family reunification applications for family members of non-EU/EEA and non-Swiss nationals to a maximum of 15 months. Belgium has also indicated that it will be stricter about enforcing certain immigration infringements that may result in fines of €200.
What does the change mean? The change in processing times will likely impact refugees the most. It is not expected to have a major impact on family reunification applications from family members of work permit holders because their applications will continue to be prioritized. As for the stricter enforcement, foreign nationals – including EU/EEA and Swiss nationals – should also be sure to follow applicable entry, leave, notification or registration requirements in order to avoid fines.
Background: The processing time for family reunification applications from family members of non-EU/EEA and non-Swiss nationals was increased this month from 12 months (six months plus the possibility of two three-month extensions for complex files) to 15 months (nine months plus the possibility of two three-month extensions for complex files). The change affects any application that was either pending on or filed after July 8. The increase in processing times is at least partially due to an increased workload in the federal immigration office, and will likely impact refugees the most.
An increase in enforcement, meanwhile, is anticipated for certain immigration violations, for which authorities have indicated they will more aggressively issue €200 fines.
To that end, EU/EEA and Swiss nationals and their family members in Belgium for a short stay (i.e., less than three months) must remember to notify municipal authorities within 10 business days of arriving in Belgium. Those who stay in a hotel are exempt. EU/EEA and Swiss nationals in Belgium for a long-term stay (i.e., more than three months) must register with municipal authorities, receive an application for a residence permit and submit a residence permit application by the applicable deadline (within three months). Other violations that may result in €200 fines include entering or leaving Belgium outside of established checkpoints or outside of regular hours; entering Belgium with either invalid or expired IDs or passports, when an ID or passport is required; and failure to apply for a permanent residence permit type F+ before the expiration date on a current residence permit type F.
BAL Analysis: The change in processing times will have a limited impact on family members of those working in Belgium because family members of work permit holders will continue to have their family reunification applications prioritized. The €200 fines are a reminder that nationals of all countries must be sure to follow all applicable immigration rules and regulations, including avoiding violations that are generally considered minor infractions.
What is the change? Belgium and other European countries have taken security measures since Tuesday’s attack in Brussels that may continue to present challenges when traveling in or around Belgium, especially if travelers lack proper documentation.
What does the change mean? Border security in Belgium and other European countries has been enhanced. Brussels Airport remains closed at least through Sunday, and security has been increased at other European airports. Travel in and around Brussels remains challenging, and business travelers are advised to always carry proper identification as well as a “back pocket” letter providing verification of their business travel. This letter should include, but not be limited to, a short description of the traveler’s company, proof of permanent ties outside of Belgium and confirmation of insurance. The letter should be written in both English and French or Dutch.
Background: Attacks at the Brussels Airport and the nearby Maelbeek metro station Tuesday left dozens dead, prompting officials to take a number of security measures.
Belgium and other European countries, including France and Germany, have increased border checks, further testing the freedom of movement that is at the heart of the Schengen Agreement among 26 European countries. Since the attack, some EU leaders have again called for tighter controls on the EU’s external borders. Internal border checks will likely remain in place for the near future, however, even as the European Commission works to lift national border controls by the end of the year. Brussels Airport remains closed at least through Sunday, after which it is expected to reopen with military reinforcement.
For now, people traveling in Belgium should be sure to carry identification at all times along with a letter, as described above, explaining their reasons for visiting.
BAL Analysis: Delays and enhanced security checks should be expected throughout Belgium, including at the Brussels Airport when it reopens. BAL can assist in drafting letters that would be of use to foreign travelers. U.S. citizens are also encouraged to check the U.S. Embassy’s website for up-to-date information security information.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
IMPACT – HIGH
What is the change? Authorities closed Brussels Airport Tuesday in the wake of attacks that left dozens dead. Border security was enhanced in Belgium and other European countries.
What does the change mean? The airport is expected to remain closed Wednesday. Those traveling to and out of Belgium should expect significant delays and increased security checks when the airport does reopen. Border crossings may be backed-up. Delays are possible at other European airports as well because a number of flights through Brussels have been rerouted.
Background: Deadly attacks at Brussels Airport and the nearby Maelbeek metro station left the country on lockdown Tuesday, as authorities closed airports, train stations and public transportation systems. Buses and trains began running later in the day under increased security. Stations in Brussels were experiencing long wait times, prompting officials to advise postponing travel if possible. Border security was enhanced in Belgium and some other European countries, including Germany and France. Brussels Airport was expected to remain closed Wednesday and increased security and delays should be expected when the airport does reopen.
BAL Analysis: Those traveling to or out of Belgium in the near future should be prepared for increased security measures. The airport remains closed and security has been enhanced on Belgium’s borders. While public transportation reopened Tuesday, wait times were considerable.
What is the change? Technical problems are preventing the normal handling of visa applications, according to the Belgium Immigration Office. Additionally, Belgian embassies in India and the United Kingdom are unable to issue visas until Jan. 2, 2016 due to technical difficulties. Other embassies and consulates may be affected.
What does the change mean? Visa applicants should plan for possible delays in visa issuance that could extend into the new year.
Background: The Belgium Immigration Office has indicated that technical difficulties have been negatively impacting visa applications for several days and that it is working to solve the problem as soon as possible.
Visa provider VFS Global has announced that the Belgian Embassy in the U.K. is unable to issue any visas until Jan. 2, 2016 and that the Belgian Embassy in India and its consulate in Mumbai are unable to issue visas until further notice. According to the announcement, applications for long-stay visas continue to be accepted, but visa issuance is on hold pending resolution of the technical difficulties.
BAL Analysis: Travelers applying for Belgian visas should check with their local Belgian embassy or consulate and plan accordingly.