Belgium
This content was last updated in January 2024.
Foreign nationals from the European Economic Area (EEA) (i.e., EU member states, plus Iceland, Norway and Liechtenstein) and Switzerland do not need a work authorization/permit to be employed in Belgium. However, EEA and Swiss nationals must obtain a residence permit if their stay in Belgium exceeds three months.
Non-EEA nationals that come to Belgium to work (economic migration) must obtain an authorization to work and to reside in Belgium.
When the period of employment in Belgium exceeds 90 days, the employee must apply for a single permit by submitting a complete application file, including both the employment and the residence related application documents, to the employment authority of the competent region. The employment authority of the competent region will confirm whether the file is complete and, if so, declare the request admissible. If the file is not complete, the employee must provide the missing documents within 15 days or else the request is declared inadmissible. Once declared admissible, the employment authority of the competent region must forward the file to the federal Immigration Office within 15 days. The employment authority of the competent region and the Immigration Office will then be responsible for taking a decision respectively on the work authorization and the residence aspect. The authorities will keep each other and the applicant informed of their respective decisions. A final decision must be taken by the authorities within 120 days or four months after the application file has been declared admissible and complete. Failing such decision, the single permit will be deemed granted. If the employee resides abroad, a visa D must be applied for at the Belgian Embassy or Consulate in the employee's country of residence and the employee must in principle order and collect the single permit and register in the local municipality's immigration register within eight days upon arrival in Belgium. If the employee is already residing in Belgium, the eight-day delay starts from the moment they are notified of the positive decision.
Where the period of employment in Belgium does not exceed 90 days (and in other very specific circumstances), the residence and type B work permits are issued through distinct procedures resulting in two separate documents. In this case, once the employee receives a type B work permit, the employee may need to obtain a work visa (for a stay in Belgium for less than 90 days within any given period of 180 days, it depends on the individual's nationality whether a visa is required to enter Belgium: for example, citizens of the US, the UK, Australia, Canada, South Korea and Japan can enter Belgium based on their national passports, for other nationalities, such as citizens of India, China and Turkey, a type C Schengen visa is required) at the Belgian Consulate or Embassy abroad with jurisdiction over the latest place of legal residence (or at the external service provider with whom the Belgian Consulate or Embassy works). Within eight days of arriving in Belgium, the foreign national must in principle register with the local commune that has jurisdiction over the intended place of residence to obtain a residence permit (unless an exemption is applicable, e.g., under certain circumstances when the foreign national will be residing in a hotel). Residence permits are valid one month longer than work permits. Work permits are only valid when combined with residence permits.
Aside from economic migration, foreign nationals may also be granted automatic access to the labor market based on their specific residence situation, even if they did not come to Belgium for employment-related purposes. These specific residence situations are listed exhaustively in the Royal Decree of 2 September 2018 (e.g., students, refugees, family reunion).
The single permit, or the visa and the type B work permit, must be obtained prior to the start of employment. Working in Belgium without a valid single permit, work permit, residence permit or a valid exemption is considered a serious offense, subject to substantial criminal and administrative penalties.
The Belgian Act of 11 February 2013 introduced a complex mechanism of joint liability for principals and contractors for wage debts if the contractor/subcontractor employs illegal workers. Principals and contractors can be held liable for their subcontractors' unpaid wages (including taxes and social security contributions) to its illegal employees in Belgium. The latter does not apply if the principal/contractor has a written statement from the subcontractor confirming that it does not and will not employ any non-EEA nationals that are not legal residents of Belgium. However, joint liability immediately kicks in as soon as the principal/contractor becomes aware that its subcontractor is employing illegal employees.
Under the Belgian Act of 9 May 2018, employers have the following additional obligations when employing foreign employees (i.e., non-EEA nationals) in Belgium:
- To verify whether the foreign employee has a valid residence permit (or any other valid residence authorization) prior to engaging in any work
- To keep a copy of the residence permit/residence authorization available for the social inspection services during the employment period of such foreign employee
- To declare the start and end date of the employment via the Dimona or Limosa declaration (Employers who do not comply with these obligations can be sanctioned with a level 4 penalty, i.e., the highest criminal and administrative level of sanctions.)
Employers that engage employees without a valid work permit or residence permit and are illegally residing in Belgium are also jointly liable for the payment of repatriation costs, lump-sum housing costs and healthcare for both the foreign national and that of their family members.
Please click the links in the left sidebar for a detailed analysis of this jurisdiction.