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New Legislation for Foreign Workers and Self-Employed Individuals in Brussels
As of October 1, 2024, new legislation will come into effect in the Brussels region, impacting foreign employees and self-employed individuals. This legislation introduces adjustments and clarifications to the procedures for professional cards, work permits, and single permits. Read our detailed overview of the updates below.
Professional Cards
The process for obtaining a professional card will largely remain the same. However, the authorities have defined seven clear criteria for evaluating professional card applications, one of which includes the creation of sustainable jobs. These criteria aim to bring more transparency and predictability to the application process.
For renewals, applicants must meet at least 50% of their projected turnover and achieve at least 50% of their promised investments. For individuals seeking a professional card to join an existing company, the financial health of the business and the applicant's role within it will be assessed.
In cases where a professional card is denied, the applicant has the right to appeal the decision. Importantly, while awaiting the appeal decision, the individual is allowed to continue working in Belgium under their current professional card and will not be required to leave the country during this period.
Work and Single Permits
While the procedures for cases governed by regional cooperation agreements remain unchanged, there are significant updates for short-term work permits and frontier workers.
Work Permit Card Distribution: For most work permits, the authorities will no longer send the physical work permit card to the employer's local town hall. Instead, they will provide authorization directly to the employer or their representative. However, the town hall will still receive the physical card for au pairs.
90-in-180 Day Permits: The Brussels region will now allow work permits for 90 days within a 180-day period, aligning with practices already in place in the Walloon and Flemish regions.
Short-Term Work Permit Applications: By the end of 2024, all short-term work permit applications will need to be submitted via an online platform, moving away from email-based submissions.
Waivers (Exemptions) for Short-Term Work Permits
Waivers for short-term work permits will follow the same guidelines as those for the Limosa declaration. These waivers will apply automatically, though employers must provide proof of exemption if required during a social inspection.
Key exemptions include:
Directors with High Salaries: Directors with sufficiently high salaries are exempt from work permits for up to 90 days.
VanderElst Exemptions: Employees providing services to a client or intra-company can qualify for VanderElst exemptions, which apply to both short-term and long-term assignments.
Long-Term Residence: Employees holding long-term residence status in another EU country may also qualify for exemptions after holding a single permit for at least one year.
Single Permits (Not in Special Categories)
For most single permit applications, employers must advertise job vacancies through the Actiris platform for at least five weeks before submitting an application. When applying, employers must provide details about the vacancy, including the number of candidates and reasons for not hiring them. Actiris will also provide advisory input as part of the application process.
Single Permits for Shortage Occupations
When applying for single permits in sectors with a quantitative shortage of workers, no vacancy publication on Actiris is required. The Brussels region will maintain an annually updated list of shortage occupations, which will be available on its website.
EU Blue Card Holders
Several changes are being introduced to streamline the process for EU Blue Card holders:
Changing Employers: The process for changing employers will be simplified. The new employer will only need to notify the authorities via a specialized form and submit the new employment contract. EU Blue Card holders will be able to retain their original card.
Card Renewal: The EU Blue Card will only need to be renewed once by the employer.
Qualifications for ICT Roles: For information and communication technology (ICT) roles, a bachelor's degree will no longer be required. Instead, the employee must demonstrate at least three years of relevant work experience within the last seven years.
Minimum Salary: The minimum salary for EU Blue Card holders is set at €4,604 per month.
New Salary Threshold for Special Categories
Senior management: €6,445.60 (140 %)
Highly qualified personnel: €3,591.12 (78 %)
Performing artist €2,992.60 (65 %)
European Blue Card: €4,604.00 (100 %)
ICT manager: €5,294.60 (115 %)
ICT expert: €4,373.80 (95 %)
ICT trainee: €2,532.20 (55 %)
These amounts will be updated every 1 January based on the latest amounts published each September on Statbel site.
The annual checks on salary conditions will no longer be required. However, employers may still be asked to clarify whether salary conditions are being met, and the work authorization may be withdrawn if these conditions are not respected.
Work Authorization for Unlimited Duration
After 30 months of holding a single permit from the Brussels region, employees can apply for a work permit with unlimited duration. This means the employer will no longer need to renew the work permit. The Brussels region aims to provide employees with the flexibility to change employers within the region after 30 months.
If the employee has worked in multiple regions, including Brussels, the work authorization for unlimited duration will only be available after four years.
Conclusion
These legislative updates introduce greater clarity and improved processes for foreign workers and self-employed individuals in Brussels. By setting transparent criteria for professional card applications, aligning work permit rules with neighboring regions, and simplifying procedures for EU Blue Card holders, the Brussels region is creating a more efficient and predictable system for foreign workers.
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